Reposted by Nick Clawson
Nick Clawson
@nickclawson.bsky.social
901 followers 1.4K following 2.3K posts
Balancing a career in IP law with *gestures broadly at everything* Committed to bringing musical theater to America's interstate highway system. Milwaukee Bucks/Seattle Storm. Listen to trans people. UW Law '24, USMA '14 They/He
![67. In sum, S.B. 12 is facially overbroad under the Moody analysis. In the first Moody step, an analysis of the law's sweeping and often undefined terms, and expansive application to numerous types of property, audiences, and performers reveals S.B. 12's broad scope. In other words, S.B. 12 "prohibit[s] or otherwise 28 Case 4:23-cv-02847 Document 165 Filed 08/25/26 in TXSD Page 29 of 34 regulate[s]" a wide array of "activities" by a myriad of "actors." Moody, 603 U.S. at 724. 250. 68. 69. 70. The next step of Moody reqmres courts to "decide which of the laws' applications violate the First Amendment." Id. at 725. As evidenced above, the vast majority of the law's numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint. Under Moody, S.B. 12 has no "legitimate sweep." Id. at 725.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:24vva42nxim6zbcmnozegoef/bafkreigzgwnrqj5gswzsdnhqe6a76aqai3ta3upi7qzx7sfx3tgljaih34)
