Ringo Legal, PLLC Logo

Key Takeaways

  • A federal judge ruled West Texas A&M did not violate the First Amendment by banning a student drag show.
  • The judge determined the planned drag show lacked a "specific message," making it less protected under free speech principles.
  • The campus venue, Legacy Hall, was designated a "limited public forum," allowing the university to impose reasonable, viewpoint-neutral restrictions on events.
  • The ruling cited concerns about past performances containing sexualized content and the potential presence of minors at such events.
  • The student group, Spectrum WT, plans to appeal the decision, arguing it conflicts with established Supreme Court precedent on expressive conduct.
Imagine you’re at your favorite Houston spot, chatting about the latest legal news. Well, a big court decision just dropped, shaking up how we think about free speech on Texas college campuses. A federal judge has officially backed West Texas A&M University's decision to ban a student drag show, handing the school a win and kicking an earlier appeal right off the calendar. This isn't just a win for the university; it’s a big deal for what "free speech" actually means in a university setting. This whole thing started with Spectrum WT, a student group that wanted to put on a drag show back in 2023. West Texas A&M said no. So, Spectrum WT sued, arguing their First Amendment rights were being stomped on. The case has been winding through the courts, and it was even set for a major hearing with a bigger appeals court this week. But that hearing won't happen now. U.S. District Judge Matthew Kacsmaryk, based in Amarillo, issued a final ruling. He said the university *didn't* violate the First Amendment by stopping the drag show. His decision changed everything, pretty much short-circuiting the previous appeal. Now, Judge Kacsmaryk isn't new to these kinds of cases. He’s a presidential appointee known for rulings that tend to lean conservative, especially when it comes to things like abortion and LGBTQ+ rights. So, his ruling here probably won't surprise folks who follow his court. Why did he rule this way? He pointed to a couple of key things. First, he said Spectrum WT didn't show that their planned drag show was meant to get a "specific message" across. This is a big deal in free speech cases because if something isn't considered "expressive conduct" with a clear message, it gets less protection. Second, he focused on what the university building, Legacy Hall, actually is. He ruled it's what lawyers call a "limited public forum." Think of it this way: it’s not like a public park where anyone can pretty much say or do anything. It's a university space that the school manages, and they get to set "reasonable, viewpoint-neutral limits" on events there. The judge also brought up past performances by Spectrum WT. He mentioned stripteases and simulated sexual acts, saying these justified the university's concern, especially since minors had apparently attended previous events. He wrote that drag, "by its 'provocative,' 'transgressive' nature, veers into sexualized content," and since Spectrum couldn't prove they could control the content, the ban made sense. That’s a strong statement. Spectrum WT isn't giving up though. Their lawyers at the Foundation for Individual Rights and Expression (FIRE) say they're definitely going to appeal this ruling. They believe Judge Kacsmaryk's decision has some legal flaws and doesn't line up with what the Supreme Court has said about expressive conduct in the past. This isn't the only fight like this in Texas either. Just last year, another judge pushed back on the Texas A&M University System's attempt to ban drag shows based on officials simply finding them offensive. That tells you these issues are complicated, and courts are interpreting things differently. So, what does this mean for you and other students across Texas? This ruling puts a spotlight on what free speech really means on campus, especially when it bumps up against a university's desire to control events and environments. The fight isn't over, and how this plays out could set a big precedent for student groups and expressive arts at public universities for years to come.