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#an eighty year old Reaganite judge saying I'll Allow It to an impromptu display of twerking
dnickels · 6 months
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In district court, the case was assigned to David Hittner, a Reagan appointee in his eighties. One of the main points of contention was whether drag constitutes artistic expression, and is therefore deserving of First Amendment protection. On the stand, the state’s attorney repeatedly questioned Montez about twerking. “He finally said, ‘Well, can you demonstrate for us what twerking is?’ ” Montez recalled. It seemed to him that the attorney was trying to needle him to admit that the dance style was obscene. “I looked at my attorney, and she didn’t object,” Montez said. “And I looked at the judge, and he said, ‘Well, you haven’t heard me say you can’t.’ So I got off the stand, and I did it, in my suit and tie.” (Afterward, friends told him that he’d probably made history as the first person to twerk in federal court.) Montez told me that the moment was galvanizing. After he came out, at age thirty, he had vowed never to let himself be silenced again. “It really was one of those moments where I felt like I took back my power,” Montez said. “Because I wasn’t embarrassed. I wasn’t shy. And then I got right back on the stand and kept answering just as good as I was before. It didn’t throw me off at all. And I would do it again.” The moment seemed to have impressed the judge. “Darn it, it was interesting,” Hittner said, at the trial’s conclusion. “That’s one thing why the job never gets tiring: you learn about different things and different folks and different science every day.”
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