Sunday, September 24, 2023

When Is The First Amendment Isn’t?

If you think that it is a trick question you are right, every other court has ruled the drag is covered by the 1st Amendment but one…
Federal judge sides with West Texas A&M University president who canceled campus drag show
U.S. District Judge Matthew Kacsmaryk ruled that the student fundraiser featuring drag performers was not protected, raising the stakes for a battle over First Amendment rights and drag shows.
Texas Tribune
By William Melhado
September 22, 2023

One of Texas’ most notoriously conservative federal judges issued an opinion this week supporting restrictions to drag shows, which stands apart from many other federal rulings that have struck down similar bans in other states as unconstitutional.

U.S. District Judge Matthew Kacsmaryk said that West Texas A&M University President Walter Wendler acted within his authority when he canceled a campus drag show. Students sued Wendler in March, alleging the president violated their free speech rights by banning a fundraiser featuring drag performers, but Kacsmaryk declined the request for injunctive relief.

In his opinion, Kacsmaryk wrote, at “this point in Free Speech jurisprudence, it is not clearly established that all ‘drag shows’ are categorically ‘expressive conduct.’”
Oh really? Why have other courts and appeals courts have ruled otherwise? You want to guess who appointed the judge? I really you know already… Trump.
Kacsmaryk’s opinion stands in contrast with several other decisions over free speech lawsuits related to drag shows. Around the country and in states run by Republicans, federal judges in Florida, Montana and Tennessee have successfully blocked laws aimed at banning or limiting drag shows from going into effect. In June, a federal judge in Tennessee, appointed by former President Donald Trump, ruled the state’s drag ban is unconstitutional in its effort to suppress First Amendment-protected speech.

Observers say Kacsmaryk’s decision is concerning because it represents an extreme departure from precedent in this area. The U.S. Supreme Court is expected to play a deciding factor as the numerous lawsuits over drag show bans make their way through the legal system. It’s unclear how Kacsmaryk’s decision could be factored in, as the West Texas A&M case concerns campus activities.
Okay you say both parties are the same and you are not going to vote in the elections? Can you imagine if Trump wins and we get another 200 judges who put the Bible and the Party ahead of the Constitution.
LGBTQ+ groups and performers made similar claims in another federal lawsuit that challenges a Texas law that restricts drag shows from being performed in front of children. U.S. District Judge David Hittner temporarily blocked the law, arguing that banning drag shows is “likely'' unconstitutional.

But Kacsmaryk offered a differing assessment in his Thursday order. He said the students’ definition of “expressive conduct” failed to meet the necessary standards to “decide a Free Speech campus case.”
And it has far reaching consequences, Ken Paxton, who has been impeached but was acquitted because the Senators wouldn’t cross the thin red line… Thou shall not harm a fellow Republican.
The Office of the Attorney General quickly took notice of Kacsmaryk’s order, requesting Judge Hittner throw out the case against the Texas law restricting drag shows.
Vote Blue as if your life depends upon it… because it does.

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