Federal judge rules Texas university that canceled drag show didn’t violate free speech rights

A federal decide has dominated {that a} college within the Texas Panhandle didn’t violate the constitutional proper to free speech when the varsity’s president canceled a drag present earlier this 12 months.

The ruling, handed down by U.S. District Choose Matthew Kacsmaryk on Thursday, stands out amongst a string of high-profile authorized battles over drag reveals throughout america. Notably, federal courts have blocked drag present bans in Florida, Montana and Tennessee, and a separate federal decide in Texas blocked a ban from being carried out.

But in his resolution, Kacsmaryk argued that drag reveals are “sexualized content material” and due to this fact may be extra regulated than different types of free speech.

“The First Modification doesn’t stop faculty officers from proscribing ‘vulgar and lewd’ conduct that will ‘undermine the varsity’s primary instructional mission’ — significantly in settings the place youngsters are bodily current,” Kacsmaryk wrote.

Earlier this 12 months, Walter Wendrell, the president of West Texas A&M College in Canyon, positioned simply south of Amarillo, introduced in a letter and column laden with non secular references that drag performances wouldn’t be allowed on campus as a result of, he mentioned, they discriminate in opposition to girls. He additionally wrote that such performances had been “derisive, divisive and demoralizing misogyny, irrespective of the said intent.”

Spectrum WT — a gaggle for LGBTQ+ college students and allies — had scheduled a drag present on campus for March 31 to boost cash for the Trevor Mission, a nonprofit group that works to forestall suicide amongst LGBTQ+ younger individuals. Spectrum WT has mentioned that drag wasn’t designed to be offensive, arguing that it’s a celebration of many issues, together with “queerness, gender, acceptance, love and particularly femininity.”

Spectrum WT and its two pupil leaders who filed the lawsuit are represented by the Basis for Particular person Rights and Expression, or FIRE, a nationwide civil liberties group.

“FIRE strongly disagrees with the courtroom’s method to First Modification evaluation and its conclusions. We are going to attraction, and our struggle for the expressive rights of those courageous faculty college students will proceed,” mentioned JT Morris, a senior legal professional for FIRE, in an announcement.

College spokesperson Kelly Polden mentioned Friday that they can not touch upon litigation.

Kacsmaryk, an appointee of former President Donald Trump, beforehand gained nationwide consideration when he issued an unprecedented ruling halting approval of the nation’s most typical technique of abortion. The ruling sparked a authorized firestorm, however the U.S. Supreme Courtroom has since preserved entry to the drug and refused to permit the restriction to take impact as a lawsuit continues.

In the meantime, drag reveals throughout the nation proceed to be focused by right-wing activists and politicians, with Republican lawmakers in a number of states, together with Texas, proposing restrictions. And occasions nationwide like drag story hours, the place drag queens learn books to youngsters, have drawn protesters.

Drag doesn’t usually contain nudity or stripping, that are extra frequent within the separate artwork of burlesque. Explicitly sexual and profane language is frequent in drag performances, however such content material is averted when youngsters are the target market. At reveals meant for adults, venues or performers usually warn beforehand about age-inappropriate content material.