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A federal appeals court will take a second look at whether West Texas A&M University can ban drag shows, setting aside an earlier ruling that found the university’s ban likely violated students’ free speech rights.

The Fifth Circuit Court of Appeals on Monday tossed a 2-1 ruling by a three-judge panel issued in August and agreed to rehear the case before the court’s 17 active judges. 

The panel’s earlier decision had sided with the student group Spectrum WT, which is represented by the Foundation for Individual Rights and Expression, after university President Walter Wendler canceled a campus drag show in 2023. The panel majority said the students would’ve likely engaged in protected expression, pointing to their drag show’s context as a ticketed event organized by a LGBTQ+ student group to raise money for a suicide prevention charity, and that the venue, Legacy Hall, was a public forum.

It’s not yet clear whether the university plans to resume banning drag shows while the case is under review. A West Texas A&M spokesperson declined to comment Monday.

“Our clients will keep fighting for their First Amendment rights and those of all public university students to express themselves on campus free of the government’s heavy hand of censorship,” said JT Morris, FIRE  supervising senior attorney.

The court’s eventual decision could also influence a separate lawsuit filed by the Texas A&M Queer Empowerment Council, a student group at Texas A&M University in College Station, which is challenging a systemwide prohibition on drag performances. The Texas A&M System asked the Fifth Circuit to pause that case until it decides the West Texas A&M appeal. 

The full court has tentatively scheduled oral arguments for the week of Jan. 19. 

The Texas Tribune partners with Open Campus on higher education coverage.

Disclosure: Texas A&M University, Texas A&M University System, West Texas A&M University and West Texas A&M University have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.