On August 18, a divided Fifth Circuit panel decided the case of Spectrum WT v. Wendler. This case presented a challenge to West Texas A&M University's decision to cancel a drag show on campus. The majority opinion by Judge Southwick, joined by Judge Dennis, found that the cancellation of the drag show violated the First Amendment. Specifically, the panel found the drag show was expressive. And, the majority ruled, "a message in support of LGBT+ rights was intended, which is a far clearer message than some of the examples of art identified in Hurley as protected by the First Amendment." The majority found that Christian Legal Society v. Martinez was not relevant because "expressive association" was not at issue in that case.

Judge Ho dissented. In short, Judge Ho found that if U.C. Hasting

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