Overview

• In a 2-1 ruling, the 5th U.S. Circuit Court of Appeals reversed a lower court and enjoined President Walter Wendler’s campus-wide prohibition on drag shows.
• Judge Leslie H. Southwick wrote for the majority that theatrical performances are expressive speech and that content-based restrictions must satisfy strict scrutiny.
• The court deemed Legacy Hall a designated public forum and said students faced ongoing irreparable harm given past cancellations and a stated blanket ban.
• Judge James Ho dissented, disputing drag’s expressive status and likening such events to blackface while warning of implications for women’s sports.
• The decision lets Spectrum WT host on-campus shows as litigation continues and adds momentum to challenges against similar policies, including a March order blocking the Texas A&M System’s ban and new pressure on UNT to end its drag-show pause.