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USA Today
10 hours ago
- Politics
- USA Today
Texas university's drag show ban blocked by appeals court
An appeals court has temporarily blocked a West Texas university's ban on drag shows, citing the First Amendment. The 5th U.S. Circuit Court of Appeals in an Aug. 18 ruling said a district court erred in rejecting a request for a preliminary injunction that would prevent West Texas A&M University, near Amarillo, Texas, from enforcing its ban while a lawsuit works its way through the courts. Spectrum WT, a LGBTQ student group at the school, was organizing a March 2023 drag show to raise funds for The Trevor Project, a suicide prevention organization that serves LGBTQ youth. University President Walter Wendler canceled the show days before the performance, saying a 'harmless drag show' was 'not possible,' in a university-wide letter Wendler also posted on his website. Wendler wrote that the fundraiser was for a 'noble cause' but that drag shows 'stereotype women in cartoon-like extremes for the amusement of others and discriminate against womanhood.' He also compared drag performances to blackface performances, saying he would similarly not support such events on campus 'even if told the performance is a form of free speech or intended as humor." The plaintiffs, represented by the Foundation for Individual Rights and Expression (FIRE), sued Wendler and other school officials and requested a preliminary injunction to prevent the school from stopping such performances while litigation continued. A district court denied that request in September 2023. But the appeals court disagreed in a 2-1 decision and granted the preliminary injunction, saying the plaintiffs showed a 'substantial threat of irreparable harm to their First Amendment rights absent an injunction against President Wendler.' Judge James C. Ho dissented, saying that 'like blackface performances, drag shows violate the university's fundamental mission to ensure a welcoming educational environment for all.' 'Tellingly – and quite understandably – the majority does not contend that West Texas A&M would be required to allow a student group to put on a blackface performance,' Ho wrote. 'The result should not be different here just because drag shows find favor in certain circles.' FIRE applauded the decision, which it said 'restored the First Amendment' at the school. 'This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors,' FIRE Supervising Senior Attorney JT Morris said. A West Texas A&M spokesperson said the university does not comment on pending litigation. BrieAnna Frank is a First Amendment reporter at USA TODAY. Reach her at bjfrank@ USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Funders do not provide editorial input.
Yahoo
a day ago
- Politics
- Yahoo
Fifth Circuit halts West Texas A&M drag show ban as free speech lawsuit continues
A federal appeals court Monday blocked West Texas A&M University President Walter Wendler from enforcing a campus drag show ban, ruling that the performances are likely protected under the First Amendment. The 2-1 ruling from the 5th U.S. Circuit Court of Appeals reverses a lower court's decision upholding Wendler's 2023 cancellation of a drag show, which he argued was demeaning to women and compared to blackface. The decision means Spectrum WT, the student group that brought the lawsuit, can produce drag shows on campus while its lawsuit continues in a lower court. Judge Leslie H. Southwick, who wrote for the majority, said the context of the students' event made its message of supporting the queer community clear. 'The viewers of the drag show would have been ticketed audience members attending a performance sponsored by LGBT+ student organizations and designed to raise funds for LGBT+ suicide-prevention charity, ' wrote Southwick, who was appointed by George W. Bush. 'Against this backdrop, the message sent by parading on a theater stage in attire of the opposite sex would have been unmistakable.' [How plans for a West Texas drag show turned into a war over the First Amendment] The court concluded that Legacy Hall, where the drag show was scheduled to take place, was a designated public forum open to a variety of groups, including churches and political candidates. That meant banning drag shows targeted the content of the event, something the Constitution allows only in the rarest cases. Finally, the court found that students faced ongoing irreparable harm to their speech rights, noting Wendler had canceled another drag show planned for 2024 and declared that no drag shows would ever be allowed on campus. That conclusion gave the judges another reason to block the ban for now, since courts only grant such relief when plaintiffs have a strong case and risk being harmed without it. In March 2023, Wendler canceled Spectrum WT's drag show intended to raise money for the Trevor Project, a nonprofit that works to reduce suicides in the LGBTQ+ community. He explained in a letter to the campus community that he thought drag shows — where participants often use exaggerated clothing and makeup to explore, celebrate or parody gender roles — were misogynistic. 'As a university president, I would not support 'blackface' performances on our campus, even if told the performance is a form of free speech or intended as humor. It is wrong. I do not support any show, performance or artistic expression which denigrates – in this case, women – for any reason,' he wrote. In September 2023, U.S. District Judge Matthew Kacsmaryk, a President Donald Trump appointee and former attorney for a conservative legal group that opposed LGBTQ rights, sided with Wendler. The case arose as Texas lawmakers were also targeting drag more broadly. The same year, they passed a law restricting some drag performances in public spaces, but a federal judge later struck it down as unconstitutional under the First Amendment. West Texas A&M isn't the only campus to ban drag shows. This year, the Texas A&M System adopted a systemwide prohibition, and the University of Texas and University of North Texas systems enacted similar restrictions following pressure from conservative officials, including Tarrant County Judge Tim O'Hare. In March, however, a federal judge temporarily blocked the Texas A&M System's ban, allowing the 'Draggieland' event at the flagship campus to proceed, also finding that students were likely to succeed on their First Amendment claims. That lawsuit is also still working its way through the courts. Judge James C. Ho dissented in the West Texas A&M case. Ho, who was appointed to the 5th Circuit by Trump and is the former Solicitor General of Texas, wrote that Spectrum WT had not shown it was entitled to such an 'extraordinary remedy' as a court order blocking the drag show ban. The Foundation for Individual Rights and Expression, which represents Spectrum WT in the West Texas A&M case and the Queer Empowerment Council in the Texas A&M System lawsuit, hailed the ruling as a major victory for student speech. 'We're overjoyed that our clients will now be able to express themselves freely, and we'll be watching to make sure that President Wendler obeys the laws of the land while the case proceeds,' FIRE Attorney Adam Steinbaugh said in a statement. A spokesperson for West Texas A&M could not immediately be reached for comment, so it's unclear how the university will respond to the ruling. The case now returns to district court in Amarillo, where the fight over whether West Texas A&M's drag ban is constitutional will continue. The Texas Tribune partners with Open Campus on higher education coverage. Disclosure: West Texas A&M University has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. More all-star speakers confirmed for The Texas Tribune Festival, Nov. 13–15! This year's lineup just got even more exciting with the addition of State Rep. Caroline Fairly, R-Amarillo; former United States Attorney General Eric Holder; Abby Phillip, anchor of 'CNN NewsNight'; Aaron Reitz, 2026 Republican candidate for Texas Attorney General; and State Rep. James Talarico, D-Austin. Get your tickets today! TribFest 2025 is presented by JPMorganChase. Solve the daily Crossword
CNN
a day ago
- Politics
- CNN
Federal appeals court sides with Texas students fighting campus drag show ban
Education policy Student lifeFacebookTweetLink Follow Officials at a Texas university cannot block a student-led LGBTQ+ organization from hosting drag shows on campus, a federal appeals court ruled Monday. The 2-1 ruling from the New Orleans-based 5th US Circuit Court of Appeals is a major victory for the group, Spectrum WT, which has been in a long-running legal battle with West Texas A&M University officials after the school's president banned the organization from putting on drag shows on campus. The 5th Circuit's ruling will allow Spectrum WT to proceed with hosting drag performances while its legal challenge plays out. The Canyon, Texas, school gained national attention in March 2023 after its president, Walter Wendler, declined Spectrum WT's request to host a drag event that month at a venue on campus. Wendler said in a campus-wide email that such performances do not 'preserve a single thread of human dignity,' compared them to blackface and argued that they 'stereotype women in cartoon-like extremes for the amusement of others.' That categorical ban, the 5th Circuit said, likely violated the First Amendment rights of the student group. '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, discrimination among such shows must pass strict scrutiny,' appeals court Judge Leslie Southwick wrote in the majority opinion. 'Based on the record before us, the district court erred in concluding that the plaintiffs were not substantially likely to succeed on the merits of their First Amendment claim.' Southwick, an appointee of former President George W. Bush, was joined by Judge James Dennis, who was appointed to the bench by former President Bill Clinton. Conservatives have said the performances – which often feature men dressing as women in exaggerated makeup while singing or entertaining a crowd, though some shows feature bawdier content – expose children to sexual themes and imagery that are inappropriate. When US District Judge Matthew Kacsmaryk ruled against Spectrum WT in September 2023, he focused in part on the possibility that children could see the performance. 'When children are involved,' Kacsmaryk, a noted conservative whose courthouse is in Amarillo, Texas, wrote at the time, 'the calculation changes.' The case simmered as Republican state lawmakers around the country pushed anti-drag laws and other measures targeting members of the LGBTQ+ community. It rose to new heights in March 2024 when Spectrum WT sought the Supreme Court's intervention. But the high court – without providing an explanation – declined to step in to allow the group to host a show on campus that month. Judges James Ho, an appointee of President Donald Trump, dissented from the 5th Circuit's decision Monday in a lengthy opinion that was rife with culture war commentary. 'If university officials allow men to act as women in campus events like drag shows, they may feel compelled to allow men to act as women in other campus events as well — like women's sports,' Ho wrote. Echoing the blackface arguments pushed by Wendler, the judge wrote that the 'drag shows violate the university's fundamental mission to ensure a welcoming educational environment for all.' Attorneys for Spectrum WT, meanwhile, said the court's ruling 'is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.' CNN has reached out to attorneys for Wendler and the other school officials involved in the lawsuit for comment.
CNN
a day ago
- Politics
- CNN
Federal appeals court sides with Texas students fighting campus drag show ban
Education policy Student lifeFacebookTweetLink Follow Officials at a Texas university cannot block a student-led LGBTQ+ organization from hosting drag shows on campus, a federal appeals court ruled Monday. The 2-1 ruling from the New Orleans-based 5th US Circuit Court of Appeals is a major victory for the group, Spectrum WT, which has been in a long-running legal battle with West Texas A&M University officials after the school's president banned the organization from putting on drag shows on campus. The 5th Circuit's ruling will allow Spectrum WT to proceed with hosting drag performances while its legal challenge plays out. The Canyon, Texas, school gained national attention in March 2023 after its president, Walter Wendler, declined Spectrum WT's request to host a drag event that month at a venue on campus. Wendler said in a campus-wide email that such performances do not 'preserve a single thread of human dignity,' compared them to blackface and argued that they 'stereotype women in cartoon-like extremes for the amusement of others.' That categorical ban, the 5th Circuit said, likely violated the First Amendment rights of the student group. '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, discrimination among such shows must pass strict scrutiny,' appeals court Judge Leslie Southwick wrote in the majority opinion. 'Based on the record before us, the district court erred in concluding that the plaintiffs were not substantially likely to succeed on the merits of their First Amendment claim.' Southwick, an appointee of former President George W. Bush, was joined by Judge James Dennis, who was appointed to the bench by former President Bill Clinton. Conservatives have said the performances – which often feature men dressing as women in exaggerated makeup while singing or entertaining a crowd, though some shows feature bawdier content – expose children to sexual themes and imagery that are inappropriate. When US District Judge Matthew Kacsmaryk ruled against Spectrum WT in September 2023, he focused in part on the possibility that children could see the performance. 'When children are involved,' Kacsmaryk, a noted conservative whose courthouse is in Amarillo, Texas, wrote at the time, 'the calculation changes.' The case simmered as Republican state lawmakers around the country pushed anti-drag laws and other measures targeting members of the LGBTQ+ community. It rose to new heights in March 2024 when Spectrum WT sought the Supreme Court's intervention. But the high court – without providing an explanation – declined to step in to allow the group to host a show on campus that month. Judges James Ho, an appointee of President Donald Trump, dissented from the 5th Circuit's decision Monday in a lengthy opinion that was rife with culture war commentary. 'If university officials allow men to act as women in campus events like drag shows, they may feel compelled to allow men to act as women in other campus events as well — like women's sports,' Ho wrote. Echoing the blackface arguments pushed by Wendler, the judge wrote that the 'drag shows violate the university's fundamental mission to ensure a welcoming educational environment for all.' Attorneys for Spectrum WT, meanwhile, said the court's ruling 'is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.' CNN has reached out to attorneys for Wendler and the other school officials involved in the lawsuit for comment.
CNN
a day ago
- Politics
- CNN
Federal appeals court sides with Texas students fighting campus drag show ban
Education policy Student lifeFacebookTweetLink Follow Officials at a Texas university cannot block a student-led LGBTQ+ organization from hosting drag shows on campus, a federal appeals court ruled Monday. The 2-1 ruling from the New Orleans-based 5th US Circuit Court of Appeals is a major victory for the group, Spectrum WT, which has been in a long-running legal battle with West Texas A&M University officials after the school's president banned the organization from putting on drag shows on campus. The 5th Circuit's ruling will allow Spectrum WT to proceed with hosting drag performances while its legal challenge plays out. The Canyon, Texas, school gained national attention in March 2023 after its president, Walter Wendler, declined Spectrum WT's request to host a drag event that month at a venue on campus. Wendler said in a campus-wide email that such performances do not 'preserve a single thread of human dignity,' compared them to blackface and argued that they 'stereotype women in cartoon-like extremes for the amusement of others.' That categorical ban, the 5th Circuit said, likely violated the First Amendment rights of the student group. '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, discrimination among such shows must pass strict scrutiny,' appeals court Judge Leslie Southwick wrote in the majority opinion. 'Based on the record before us, the district court erred in concluding that the plaintiffs were not substantially likely to succeed on the merits of their First Amendment claim.' Southwick, an appointee of former President George W. Bush, was joined by Judge James Dennis, who was appointed to the bench by former President Bill Clinton. Conservatives have said the performances – which often feature men dressing as women in exaggerated makeup while singing or entertaining a crowd, though some shows feature bawdier content – expose children to sexual themes and imagery that are inappropriate. When US District Judge Matthew Kacsmaryk ruled against Spectrum WT in September 2023, he focused in part on the possibility that children could see the performance. 'When children are involved,' Kacsmaryk, a noted conservative whose courthouse is in Amarillo, Texas, wrote at the time, 'the calculation changes.' The case simmered as Republican state lawmakers around the country pushed anti-drag laws and other measures targeting members of the LGBTQ+ community. It rose to new heights in March 2024 when Spectrum WT sought the Supreme Court's intervention. But the high court – without providing an explanation – declined to step in to allow the group to host a show on campus that month. Judges James Ho, an appointee of President Donald Trump, dissented from the 5th Circuit's decision Monday in a lengthy opinion that was rife with culture war commentary. 'If university officials allow men to act as women in campus events like drag shows, they may feel compelled to allow men to act as women in other campus events as well — like women's sports,' Ho wrote. Echoing the blackface arguments pushed by Wendler, the judge wrote that the 'drag shows violate the university's fundamental mission to ensure a welcoming educational environment for all.' Attorneys for Spectrum WT, meanwhile, said the court's ruling 'is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.' CNN has reached out to attorneys for Wendler and the other school officials involved in the lawsuit for comment.
