August 20, 2025

In a landmark decision on Monday, the US Court of Appeals for the Fifth Circuit overturned a lower court's ruling that supported a ban on drag shows at West Texas A&M University. This reversal is grounded in the protection of First Amendment rights, emphasizing the importance of expressive conduct within public forums.
The case stemmed from an incident where Spectrum WT, an LGBT+ student group at the university, planned a drag show to raise funds for the Trevor Project, a charity working to reduce suicide rates among LGBT+ youths. However, University President Walter Wendler canceled the event, criticizing drag shows as "derisive, divisive and demoralizing misogyny." Wendler’s decision sparked a heated legal battle, culminating in this recent appeal.
The appeals court meticulously analyzed whether the planned drag show constituted "expressive conduct." They affirmed that the show was intended to convey a supportive message for LGBT+ rights, qualifying it under First Amendment protections. Furthermore, the court highlighted that the event was to be held in a designated public area open to all, criticizing the selective exclusion without substantial justification.
This judicial outcome not only reinstates the possibility of the drag show occurring but also sets a significant precedent regarding the application of First Amendment rights to similar events. The Foundation for Individual Rights and Expression (FIRE), representing the plaintiffs, hailed the decision as a "victory for student expression on campus."
This ruling arrives amidst a broader national debate over drag performances, with states like Tennessee and Florida enacting restrictive laws. These laws are facing ongoing challenges, asserting that such performances are protected under the Constitution.
The broader implications of this decision underscore a continuing contention in the US regarding the intersection of freedom of expression and the rights of LGBT+ communities. As legal battles unfold across the country, this case from Texas A&M University will likely serve as a crucial reference point for future judicial considerations on similar matters.