A federal appeals court will reconsider whether a college in Texas can ban drag shows on its campus after a three-judge panel found the ban violated students’ free speech rights. 

On Monday, the United States Court of Appeals for the Fifth Circuit agreed to reconsider the question of whether West Texas A&M can ban drag shows. 

The court vacated a 2-1 ruling by a three-judge panel in August that the ban is unconstitutional. In that decision,  Judge Leslie Southwick wrote that theatrical performances – including drag shows – “plainly involve expressive conduct with the protection of the First Amendment.” The case will now be heard by all 17 judges on the Fifth Circuit, which is seen as a conservative court.

The Foundation for Individual Rights and Expression sued West Texas A&M over its drag show ban in 2023, alleging it restricted constitutionally protected expressive activities. 

In a statement about the Fifth Circuit’s decision to rehear the case, a senior supervising attorney at FIRE, J.T. Morris, told the Sun, “FIRE will keep fighting for the First Amendment freedom of our clients-and all public university students — to express themselves without campus censors trying to silence views they don’t like.”

Oral arguments in the case have been scheduled for the week of January 19. 

While the Fifth Circuit hears the West Texas A&M case, there is another challenge involving a drag show ban pending. In that case, the Texas A&M Queer Empowerment Council sued to block a Texas A&M system-wide ban on drag performances. 

In March, a federal judge ruled that the system-wide drag ban violated the First Amendment. However, the Texas attorney general, Ken Paxton, appealed the decision to the Fifth Circuit. 

“These filings aim to ensure that our educational institutions are focused solely on promoting academics, not a woke agenda,” Mr. Paxton said in a statement. 

The Texas A&M System asked the Fifth Circuit to delay the case until the West Texas A&M case is resolved.