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

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