We think a $5 fee presents no greater burden on nude dancing. . . . The fee is not a tax on unpopular speech but a restriction on combining nude dancing, which unquestionably has secondary effects, with the aggravating influence of alcohol consumption.
— Texas Supreme Court Justice Nathan L. Hecht, writing for the majority and upholding the state’s “pole tax” in Combs v. Texas Entertainment Association. The ruling overturns a prior decision that found the fee unconstitutional on First Amendment grounds because it singled out protected expression in nude dancing.