West Texas A&M University, a public college in the Lone Star state, banned drag performances in 2023. The Fifth Circuit court has now blocked the ban, whose own proponents admitted was probably an unconstitutional infringement of students' First Amendment rights. WTAMU president Walter Wendler memorably boasted that he didn't care if the ban broke the "law of the land."
But he surely knew it would take time for the law of the land to catch up with him, and he was aided by Trump appointees on lower courts. But here it is, courtesy of a lawsuit filed by FIRE more than two years ago.
The majority opinion from 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," the Fifth Circuit held Wendler's censorship failed to pass constitutional muster.
The show that so upset Wendler was to raise money for suicide awareness. The culture war fig leaf is that drag is "demeaning to women" and akin to blackface. If co-opted rhetoric like this seems good example of the famed reactionary "right to play" remember that they are sneering, not smirking, and really do hate you down to the bones.
Proceeds of the show were due to support The Trevor Project, a suicide prevention organization for LGBTQ young people. The show was scheduled for March 31. A university spokesperson declined to provide further comment on the president's email, citing pending litigation. Wendler's decision and remarks drew backlash from both students and advocates who said the move was wrong – and unconstitutional.
Previously:
• Public university president bans drag show and promises to ignore 'the law of the land'
• West Texas A&M president sued for banning drag shows
