A Drag on Free Expression

The panel majority in Spectrum WT v. Wendler concluded that a student-organized drag show is protected expressive conduct under the First Amendment. The court emphasized that theatrical performance “plainly involve[s] expressive conduct,” and that in the context of an LGBT+ charity event, the show’s message of solidarity was “unmistakable.”

Because the university’s auditorium was opened to a wide range of outside speakers and events, the panel classified it as a designated public forum; banning drag shows was therefore a content-based restriction subject to strict scrutiny. The majority found no compelling justification for that ban, noting that the school already had time-, place-, and manner rules to police lewd conduct and that “a pointed expression of solidarity” could not be suppressed simply because administrators disliked the medium chosen.

The majority summarized: “[T]his drag show would convey such a message. That is enough to implicate the First Amendment.” A dissent would defer to the university administration. No. 23-10994, Aug. 18 2025.