Aaron Reichlin-Melnick
‪@reichlinmelnick.bsky.social‬

Judge Kacsmaryk writes to say that the First Amendment only protects "public discourse necessary to self-government," as he slurs drag and holds it not protected.

FINDINGS OF FACT AND
CONCLUSIONS OF LAW
INTRODUCTION
Founding-era letters, pamphlets, charters, and even draft Constitutions reflect the religious and philosophical pluralism of the Colonies and their people: one-part Natural Law, one-part Enlightenment, one-part Religion. See Jud Campbell, Natural Rights and the First Amendment, 127 YALE L.J. 246, 284 (2017). In aggregate, these documents reflect a shared First Amendment vision: Free Speech, Press, Petition, and Assembly rights combine to protect and elevate the public discourse necessary to self-government—not self-expression in all forms, and certainly not the libertine “expressive conduct” absolutism envisioned by Plaintiff Spectrum WT. See id. at 256, 287.1 And not a sexualized striptease in the presence of minors. See Woodlands Pride, Inc. v. Paxton, 157 F.4th 775, 786 n.9 (5th Cir. 2025).2
ALT

‪Nate Raymond‬
‪@nateraymond.bsky.social‬
· 6h
Judge Kacsmaryk rejects challenge by West Texas A&M University's LGBQT club to drag show ban, saying the First Amendment doesn't protect "self-expression in all forms, and certainly not the libertine 'expressive conduct' absolutism envisioned" by the group.
https://storage.courtlistener.com/recap/gov.uscourts.txnd.374677/gov.uscourts.txnd.374677.168.0.pdf

Findings of Fact & Conclusions of Law – #168 in Spectrum WT v. Wendler (N.D. Tex., 2:23-cv-00048) – CourtListener.com
FINDINGS OF FACT AND CONCLUSIONS OF LAW (Ordered by Judge Matthew J. Kacsmaryk on 1/17/2026) (vls)
storage.courtlistener.com
10:09 PM · Jan 17, 2026

Nate Raymond
‪@nateraymond.bsky.social‬

Judge Kacsmaryk rejects challenge by West Texas A&M University's LGBQT club to drag show ban, saying the First Amendment doesn't protect "self-expression in all forms, and certainly not the libertine 'expressive conduct' absolutism envisioned" by the group.
https://storage.courtlistener.com/recap/gov.uscourts.txnd.374677/gov.uscourts.txnd.374677.168.0.pdf

Findings of Fact & Conclusions of Law – #168 in Spectrum WT v. Wendler (N.D. Tex., 2:23-cv-00048) – CourtListener.com
FINDINGS OF FACT AND CONCLUSIONS OF LAW (Ordered by Judge Matthew J. Kacsmaryk on 1/17/2026) (vls)
storage.courtlistener.com
9:51 PM · Jan 17, 2026