Overview

• The order allows Spectrum WT to stage drag performances on campus while the lawsuit proceeds in district court.
• The majority, written by Judge Leslie H. Southwick, found the campus venue a designated public forum and said content-based restrictions must satisfy strict scrutiny.
• The panel reversed a 2023 ruling by Judge Matthew Kacsmaryk that denied a preliminary injunction and questioned First Amendment protection for the planned show.
• Judges noted ongoing irreparable harm after President Walter Wendler canceled a 2024 event and declared drag shows would never be allowed on campus.
• Advocacy groups highlight broader implications as FIRE and the ACLU of Texas press the University of North Texas to lift its drag "pause," pointing to federal rulings including a March order against the Texas A&M System.