Supreme Court Refuses To Intervene In Latest Case

By Victor Winston, updated on March 17, 2024

The Supreme Court's decision not to intervene in a First Amendment challenge concerning a drag show at West Texas A&M University underscores the ongoing legal and cultural skirmishes over drag events. 

According to NPR, this marks a moment in the ongoing dialogue about the intersection of free speech, artistic expression, and educational environments.

In a landscape already fraught with disagreement over the place of drag shows in public spaces and institutions, this particular case at West Texas A&M University emerges as a flashpoint. Students seeking to hold a drag event on campus requested emergency intervention from the Supreme Court after facing obstacles in lower court rulings, aiming for a March 22 show date. They argued that preventing their show was a direct violation of their constitutional right to free speech.

University President's Stance Raises Eyebrows and Questions

West Texas A&M University's President, Walter Wendler, has been a prominent voice in the ongoing debate, blocking the use of campus facilities for the drag show and couching his opposition in terms of Natural Law. He depicted drag as "derisive, divisive, and demoralizing," arguing that it disrespected women and should not be sanctioned by the institution. This stance, explicitly outlined in an email from Wendler, further deepens the divides within discussions about academic freedom and the scope of university endorsement for student activities.

In contrast, a district court judge's support for the university's stance has further emboldened opponents of the drag show. Matthew Kacsmaryk, characterized previously for his opposition to LGBT protections, ruled that drag performance does not communicate a protectable message under the First Amendment. This ruling highlights the ongoing legal debate over what constitutes expressive speech deserving of constitutional protection, with implications reaching beyond this single event.

On the other side of the legal aisle, a differing judge from Texas declared a law restricting drag shows as an unconstitutional limit on speech, showcasing the divergent views within the judiciary. This contrast in judicial opinion mirrors the broader societal debate over the nature of drag as an expressive art form and its place within the framework of protected speech.

Legal Contradictions and Cultural Implications

Texas, in its legal filings, argued that drag shows, when deprived of sound, lose their distinctiveness and thus their expressiveness, a claim that fueled further scrutiny from legal experts and advocates for the student group.

This argument raises intricate questions about the essence of expressiveness and the criteria by which speech becomes eligible for constitutional protection.

Here is a statement from University President Walter Wendler, illustrating his opposition, "Even when the law of the land appears to require it, I cannot endorse an event that in my view undermines the very principles of respect and dignity that should guide us. Drag, by its nature, according to Wendler, is contradictory to the basis of Natural Law and is both demeaning to women and damaging to the fabric of our community."


This situation at West Texas A&M University encapsulates broader issues at play within American society concerning freedom of expression, the role of educational institutions in moderating or supporting student activities, and the evolving legal interpretations of what constitutes protected speech.

The Supreme Court's decision not to intervene leaves these questions unanswered, providing no legal clarity on the status of drag shows within the scope of the First Amendment, thereby leaving communities, educators, and students navigating these complex cultural and legal waters largely on their own.

As legal battles over the freedom of expression continue to unfold across the nation, the refusal of the Supreme Court to weigh in on the West Texas A&M University case might be seen as a missed opportunity for clarity. Meanwhile, cultural and legal debates over drag shows and their place within society promise to continue, highlighting the ongoing struggle to reconcile differing views on freedom, respect, and artistic expression.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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