The Foundation for Individual Rights and Expression filed a federal lawsuit on behalf of an LGBTQ+ student organization to block a new policy from the Texas A&M University System that bans drag performances on its 11 public campuses — a clear violation of the First Amendment.
FIRE is asking a court in the Southern District of Texas to halt Texas A&M officials from enforcing the drag ban, abruptly adopted on Friday afternoon. The lawsuit is on behalf of the Queer Empowerment Council, a coalition of student organizations at Texas A&M University-College Station and the organizers of the fifth annual “Draggieland” event that was scheduled to be held on campus on March 27.
“We refuse to let Texas A&M dictate which voices belong on campus,” said the Queer Empowerment Council. “Drag is self-expression, drag is discovery, drag is empowerment, and no amount of censorship will silence us.”
Texas A&M students first held “Draggieland” (a portmanteau of “Drag” and “Aggieland,” a nickname for Texas A&M) at the campus theatre complex in 2020, and the event has been held on campus annually ever since. But last Friday, the Board of Regents suddenly voted to ban drag events entirely across all 11 Texas A&M campuses.
“The board finds that it is inconsistent with the system’s mission and core values of its universities, including the value of respect for others, to allow special event venues of the universities to be used for drag shows,” the board’s resolution reads. The regents also claimed that drag performances are “offensive” and “likely to create or contribute to a hostile environment for women.”
“Public universities can’t shut down student expression simply because the administration doesn’t like the ‘ideology’ or finds the expression ‘demeaning,’” said FIRE attorney Adam Steinbaugh. “That’s true not only of drag performances, but also religion, COVID, race, politics, and countless other topics where campus officials are too often eager to silence dissent.”
The regents’ attempts to justify the drag ban as anything other than illegal viewpoint discrimination are feeble. The board admits they want to ban drag on campus because they find it “demeans women,” “promotes gender ideology,” or runs contrary to their “values”—- but the First Amendment squarely protects speech that offends and even angers others. And in all cases, it prevents campus officials from silencing speech because they disagree with the “ideology.” As a taxpayer-funded university system, Texas A&M campuses cannot treat some student events differently simply because they dislike the view being expressed.
“Even putting on an on-campus production of Shakespeare or Mrs. Doubtfire, or taking part in powderpuff, could be banned at A&M if some hostile administrator thinks they ‘promote gender ideology,’” said FIRE senior attorney JT Morris. “But if the First Amendment means anything, it’s that the government can’t silence ideologies they don’t like — real or perceived.”
Title IX’s prohibition on creating a “hostile environment” also does not give public universities the ability to run around the First Amendment. FIRE has long seen efforts to suppress speech on the basis that it might contribute to a “hostile environment” because someone finds it offensive, but if speech can be suppressed because someone believes it is offensive, no speech is safe. The First Amendment does not permit public universities to suppress speech because someone thinks it is inappropriate.
In order to fit the definition of harassment the Supreme Court has established, speech must be “objectively offensive” AND “severe” AND “pervasive.” A once-a-year drag show in an enclosed theatre that requires a ticket to enter doesn’t even come close to satisfying those strict conditions.
“If other students dislike or disagree with Draggieland, the solution is simple: don’t go,” said FIRE attorney Jeff Zeman. “Or they could organize a protest, as students opposing drag have in the past. The First Amendment protects drag and the ability to criticize drag — and it forbids the government silencing the side it disagrees with.”
Finally, the regents’ motion notes that “there are alternative locations for such events off-campus.” But that violates the First Amendment, too. The government cannot censor speech in places the First Amendment protects it, just because a speaker might express themselves elsewhere. “Draggieland” highlights why that principle is so vital: if a student group can’t reach their campus community with their message, then their message can’t fulfill its purpose.
In the face of unconstitutional censorship, Draggieland organizers have remained unbowed. They have announced to supporters that they will hold an on-campus “Day of Drag” protest on Thursday and that they are committed to holding the event even if forced off-campus.
“We are committed to ensuring that our voices are heard, and that Draggieland will go on, no matter the obstacles we face,” the Queer Empowerment Council announced.
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