Overview

• In a 2–1 decision, the 5th U.S. Circuit Court of Appeals reversed a lower court and barred President Walter Wendler from enforcing a campus-wide prohibition on student drag shows.
• Writing for the majority, Judge Leslie H. Southwick held that drag performances are protected expressive conduct and that the planned show in Legacy Hall—a designated public forum—could not be targeted based on its content.
• The injunction restores Spectrum WT’s ability to stage charity drag events on campus during the lawsuit, with the court citing ongoing irreparable harm after cancellations in 2023 and 2024 and Wendler’s pledge to allow no drag shows.
• Judge James Ho dissented, arguing drag is not inherently expressive and warning that allowing such events could affect university decisions on issues like women’s sports.
• The ruling follows a separate federal injunction against a Texas A&M System drag ban, and FIRE and the ACLU of Texas are urging the University of North Texas to lift its systemwide pause on drag shows.