Appeal Court Shuts Down Texas A&M Ban On Drag Shows

The U.S. Court of Appeals for the Fifth Circuit has overruled a lower court calling a ban on student drag performances at West Texas A&M University unconstitutional, in a win for students’ freedom of speech.

In March 2023, West Texas A&M President Walter Wendler (lead photo) announced that he was canceling a campus drag show being presented by an LGBTQ organization  to raise money for suicide prevention.

The organizers of the event, Spectrum WT, had promised in advance to avoid any profanity or lewdness and to prohibit attendance from anyone younger than 18.

Breaking: 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. https://t.co/m77r6LvkVL

— Texas Tribune (@TexasTribune) August 18, 2025

In his email sent to all students, Wendler said that he was canceling the event because he believes drag shows offend and demean women. He admitted in his email he was canceling the show even though “the law of the land appears to require” him to allow it.

It’s worth noting the First Amendment prohibits Wendler from censoring a performance (in his capacity as a public official at a state university) based simply on his personal disapproval.

The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit against Wendler and West Texas A&M on behalf of Spectrum WT seeking to halt Wendler’s unlawful censorship and obtain damages for violating the students’ clearly established First Amendment rights.

VICTORY! In a win for student expression on campus, the U.S. Fifth Circuit Court of Appeals today overruled a lower court’s decision, sided with FIRE’s clients, and blocked West Texas A&M University’s unconstitutional ban on drag shows. pic.twitter.com/cq5lOOkssx

— FIRE (@TheFIREorg) August 18, 2025

In September 2023, the district court denied FIRE’s motion for a preliminary injunction. While the case made its way through the courts, Wendler canceled a second drag show planned by Spectrum WT in March 2024.

But, its 2-1 decision issued last Thursday, the 5th U.S. Circuit Court of Appeals ruled that theatrical performances and drag shows, “plainly involve expressive conduct within the protection of the First Amendment.”

The majority opinion, written by Judge Leslie H. Southwick, found a substantial likelihood that Spectrum WT’s First Amendment claims would prevail on the merits:

“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.”

FIRE Supervising Senior Attorney JT Morris said in a statement:

“FIRE is pleased that the Fifth Circuit has halted President Wendler’s unconstitutional censorship and restored the First Amendment at West Texas A&M. This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.”

Federal appeals court blocks West Texas A&M University’s drag show ban #NOH8 pic.twitter.com/U4SbjMDTQb

— NOH8 Campaign (@NOH8Campaign) August 19, 2025