Are drag shows protected by First Amendment? 5th Circuit weighs in
“When it comes to theatrical performance, whether an idea is conveyed through spoken word, written word or a theatrical performance, this First Amendment stands squarely against a public university’s ability to regulate it based on viewpoint [and] impose prior restraints,” lawyer JT Morris said. (Photo from Shutterstock)
The 5th U.S. Circuit Court of Appeals at New Orleans is weighing in on Texas A&M University’s ban on drag shows.
The Texas A&M Queer Empowerment Council, an LGBTQ+ student group, is challenging the ban, which the university’s board of regents implemented last year to end drag performances at special event venues, according to Law.com.
At the time, the board expressed concerns over discriminatory harassment and noted President Donald Trump’s executive order that prohibited the federal government from promoting “gender ideology.”
A divided 5th Circuit panel agreed that drag performances are protected by the First Amendment, but the full court vacated the decision and is rehearing the case, Law.com reports.
JT Morris, the student group’s attorney, told the 5th Circuit on Wednesday that no one has complained about harm caused by drag shows at the university, Law.com reports.
“When it comes to theatrical performance, whether an idea is conveyed through spoken word, written word or a theatrical performance, this First Amendment stands squarely against a public university’s ability to regulate it based on viewpoint [and] impose prior restraints,” Morris also reportedly said.
The university, meanwhile, has argued that drag shows lack a message that is entitled to First Amendment protection, Law.com reports. It has compared drag shows to juggling competitions and poker tournaments.
See also:
First Amendment likely protects student drag show at West Texas A&M, 5th Circuit says
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