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Federal appeals court sides with Texas students fighting campus drag show ban

The appeals court found a substantial likelihood that banning drag shows violates First Amendment rights, allowing Spectrum WT to hold events during ongoing litigation.

  • On August 18, 2024, a federal appellate court in the Fifth Circuit overturned a lower court's decision, blocking the enforcement of West Texas A&M University's prohibition on drag performances in Canyon, Texas.
  • The controversy started in March 2023 when Walter Wendler, the university president, called off a drag fundraiser organized by Spectrum WT that was intended to benefit The Trevor Project.
  • Wendler argued drag shows demean women and compared them to blackface, while the appeals court found the ban likely violated students’ First Amendment rights by censoring expressive conduct.
  • Judge Leslie Southwick emphasized that drag shows clearly express support for LGBT+ rights and highlighted that the ban posed a significant risk of causing irreversible damage to students' free speech protections.
  • The ruling allows Spectrum WT and other student groups to hold drag shows on campus while the constitutional challenge continues in district court, illustrating ongoing legal contention over First Amendment protections.
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OutSmart Magazine broke the news in on Tuesday, August 19, 2025.
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