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West Texas A&M University's drag show ban blocked by appeals court
West Texas A&M University's drag show ban has finally been blocked by an appeals court after a two years-long legal battle. The U.S. Court of Appeals for the Fifth Circuit overturned a district court ruling on Monday, finding that university president Walter Wendler's unilateral cancellation of a campus drag show hosted by LGBTQ+ student organization Spectrum WT to raise money for suicide prevention was unconstitutional. Because theatrical performances plainly involve expressive conduct within the protection of the First Amendment, we find the plaintiffs drag show is protected expression, discrimination among such shows must pass strict scrutiny," the court wrote in its opinion. "President Wendler did not argue, either before the district court or on appeal, that restricting the intended drag show would survive strict scrutiny. 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."Wendler single-handedly made the decision to cancel the event, which was originally scheduled at an on-campus facility on March 22, 2023, announcing in an email to students and staff that West Texas A&M University will not host a drag show on campus. In the message, which contained the subject line A Harmless Drag Show? No Such Thing," Wendler stated that humans are created in the image of God" and that drag shows supposedly do not preserve a single thread of human dignity." As a performance exaggerating aspects of womanhood (sexuality, femininity, gender), drag shows stereotype women in cartoon-like extremes for the amusement of others and discriminate against womanhood," he wrote. The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit on behalf of Spectrum WT against Wendler and the university, accusing them of violating their freedom of speech. The case escalated to the U.S. Supreme Court, which opted not to intervene in March of last year, leaving in place the district court's ruling that effectively upheld the ban. The appeals court ruling overturns this, allowing for future events to take place. FIRE is pleased that the Fifth Circuit has halted President Wendlers unconstitutional censorship and restored the First Amendment at West Texas A&M, FIRE Supervising Senior Attorney, JT Morris, said in a statement. This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.
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