Fifth Circuit blocks WT drag show ban, citing First Amendment

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A federal appeals court has ruled that West Texas A&M University President Walter Wendler cannot bar student drag shows on campus, finding the performances are protected under the First Amendment.
In a 2-1 decision Monday, Aug. 18, the U.S. Court of Appeals for the Fifth Circuit reversed a ruling from U.S. District Judge Matthew Kacsmaryk in Amarillo, who had previously declined to block Wendler's cancellation of a student-organized drag show. The panel imposed a preliminary injunction, ensuring students may stage drag shows while the case continues in trial court.
The case stems from Spectrum WT, an LGBTQ+ student group that planned 'A Fool's Drag Race' in March 2023 to raise money for The Trevor Project. Students promoted the show as PG-13, with restrictions on profanity and lewd conduct. Eleven days before the event, Wendler canceled it, writing in a campus-wide email that drag 'stereotypes women in cartoon-like extremes' and comparing the performances to blackface.
Court's reasoning
Judge Leslie Southwick, a George W. Bush appointee writing for the majority, said the context of Spectrum WT's event made its expressive message clear. 'Against this backdrop, the message sent by parading on a theater stage in attire of the opposite sex would have been unmistakable,' he wrote.
The court emphasized that the constitutional principle at stake reached beyond this single event. 'Because theatrical performances plainly involve expressive conduct within the protection of the First Amendment, and because we find the plaintiffs' drag show is protected expression,' Southwick wrote, 'Wendler's censorship failed to pass constitutional muster.'
From the archives: Lawsuit filed against WT and Texas A&M University System over canceled drag show
Judge James Dennis, a Clinton appointee, joined Southwick's opinion. The panel also ruled that Legacy Hall, where the drag show was scheduled, is a designated public forum used by churches, political candidates and student groups. By barring drag performances, the majority concluded, Wendler engaged in impermissible viewpoint discrimination.
The majority also cited Wendler's cancellation of another Spectrum WT drag show in 2024 and his repeated declarations that no such shows would be allowed on campus, finding students faced ongoing irreparable harm to their speech rights.
Judge James Ho dissented, arguing drag is 'not inherently expressive' and that Spectrum WT had not shown it was entitled to such an 'extraordinary remedy.'
Reaction from FIRE
The Foundation for Individual Rights and Expression, which represents Spectrum WT, hailed the decision as a reaffirmation of student rights.
'FIRE is pleased that the Fifth Circuit has halted President Wendler's unconstitutional censorship and restored the First Amendment at West Texas A&M,' said FIRE Supervising Senior Attorney JT Morris. 'This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.'
Speaking Monday evening with the Amarillo Globe-News, Morris said the ruling underscored a broader point. 'This decision makes clear that President Wendler cannot impose his personal views on students' expressive rights. The First Amendment protects drag shows just like it protects political rallies, concerts or theater.'
Student pushback
Even before the lawsuit, Wendler's ban ignited protests on campus. Students and alumni rallied outside the university, accusing administrators of censorship and discrimination.
At one demonstration, WT alumna Coco Dietz said Wendler's reasoning was rooted in bias. 'We have never come into other's organizations to shut them down because of a personal bias or prejudice, so you cannot come here and shut ours down and not expect pushback,' she said, adding that Wendler was 'acting like this is a private Christian university, when we are a public university.'
From the archives: WT student organizations' drag show raises $10,000 for Trevor Project amid controversy
Lauren Stovall, vice president of Spectrum WT, framed the controversy as a fight for core freedoms. 'This is not an issue just about drag; we are protesting for freedom of speech,' she said. 'The First Amendment is what our country is built on: freedom of speech, freedom of assembly and freedom of petition. Walter Wendler is trying to take that away from us.'
Wider drag debate in Texas
The Fifth Circuit's ruling is part of a larger battle over drag in Texas. In 2023, lawmakers passed Senate Bill 12, which sought to restrict drag performances in public spaces. A federal judge later struck it down as unconstitutional, but the state has appealed, and litigation is ongoing.
At the same time, the Texas A&M University System, along with the University of Texas and University of North Texas, adopted bans after pressure from conservative officials. Earlier this year, another federal court blocked the A&M System's prohibition, allowing the 'Draggieland' event to proceed in College Station. That case, like WT's, remains active.
What's next
The WT case now returns to federal district court in Amarillo. The university could appeal to the full Fifth Circuit or ask the U.S. Supreme Court to review the injunction.
For now, the decision ensures Spectrum WT can move forward with drag performances on campus while the constitutional fight continues. Supporters see the outcome as part of a broader warning to officials tempted to silence unpopular expression.
As Morris put it, 'Students don't give up their rights when they enroll in a taxpayer-funded university.'
On Aug. 19, West Texas A&M University said it does not comment on pending litigation.
This article originally appeared on Amarillo Globe-News: Fifth Circuit blocks WT drag show ban on First Amendment grounds
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