A federal appeals court has reversed a lower court ruling that allowed West Texas A&M University to ban drag shows on campus, marking a significant victory for student expression under the First Amendment.
In a decision issued Monday, the U.S. Court of Appeals for the Fifth Circuit held that the plaintiffs demonstrated a “substantial likelihood of success on the merits” in their challenge to the university’s restrictions. The ruling found that prohibiting the student group Spectrum WT from hosting its fundraiser drag show was likely to cause harm to their constitutional rights.
The opinion centered on whether the event qualified as “expressive conduct” protected under the First Amendment. The court determined that it did, writing that “it is evident that a message in support of LGBT[IA]+ rights was intended.”
The judges further noted that the drag show was scheduled to take place in a “designated public forum” on campus and that administrators had failed to justify its exclusion. The panel concluded that “the district court erred in concluding that the plaintiffs were not substantially likely to succeed on the merits of their First Amendment claim.”
The dispute began in March 2023 when Spectrum WT sought to host a drag show to benefit the Trevor Project, an organization dedicated to suicide prevention among LGBTQIA+ youth.
University President Walter Wendler canceled the event, declaring that “drag shows are derisive, divisive and demoralizing misogyny” and adding that he would not “condone the diminishment of any group… even when the law of the land appears to require it.” Wendler emphasized that his decision was aimed at the performance itself rather than the group’s charitable aims.
Following the cancellation, Spectrum WT pursued legal action with support from the Foundation for Individual Rights and Expression (FIRE). After a district court denied their request for a preliminary injunction, the group appealed. The Supreme Court had previously declined to intervene in time for a March 2024 show.
In a statement responding to the Fifth Circuit’s decision, FIRE described the outcome as a “victory for student expression on campus.”
The ruling adds to the broader national debate over drag shows and free expression. Several states, including Tennessee and Florida, have passed laws restricting drag performances, sparking ongoing constitutional challenges. With this latest decision, the Fifth Circuit joins a growing number of courts weighing how far public institutions may go in limiting performances tied to LGBTQIA+ expression.
