However, the court ultimately ruled that Wendler had violated the First Amendment by banning the show, noting that drag shows do embody protected speech with a discernible message. "Drag shows-with performers dancing and speaking to music on stage in clothing associated with the opposite gender-mark a deliberate and theatrical subversion of gender-based expectations and signify support for those who feel burdened by such expectations,

A federal appeals court barred West Texas A&M University from enforcing a ban on drag shows on campus, overruling a lower court's decision that said drag shows did not necessarily enjoy First Amendment protections.