Yet in his decision, Kacsmaryk argued that drag shows are “sexualized content” and therefore can be more regulated than other forms of free speech.“The First Amendment does not prevent school officials from restricting ‘vulgar and lewd’ conduct that would ‘undermine the school’s basic educational mission’ — particularly in settings where children are physically present,” Kacsmaryk wrote.
Spectrum WT — a group for LGBTQ+ students and allies — had scheduled a drag show on campus for March 31 to raise money for the Trevor Project, a nonprofit group that works to prevent suicide among LGBTQ+ young people. Spectrum WT has said that drag wasn’t designed to be offensive, arguing that it’s a celebration of many things, including “queerness, gender, acceptance, love and especially femininity.
“FIRE strongly disagrees with the court’s approach to First Amendment analysis and its conclusions. We will appeal, and our fight for the expressive rights of these brave college students will continue,” said JT Morris, a senior attorney for FIRE, in a statement. Kacsmaryk, an appointee of former President Donald Trump, previously gained national attention when he issued an unprecedented ruling halting approval of the
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