“Because men dressed in attire stereotypically associated with women is not ‘overtly political’ in a category of performative conduct that runs the gamut of transvestism… it is not clearly established that all drag shows are inherently expressive,” Kacsmaryk wrote.

And even if the performance in question did implicate the First Amendment, Kacsmaryk continued, the university was not forbidden from regulating obscene conduct.

“The First Amendment does not prevent school officials from restricting ‘vulgar and lewd’ conduct that would ‘undermine the school’s basic education mission’—particularly in settings where children are physically present,” Kacsmaryk wrote, citing conservative sources such as the Manhattan Institute’s Chris Rufo and Gays Against Groomers.

[Interesting. I’d guess that Texas will have a tougher time defending a ban on drag shows at colleges, but definitely should be on more solid ground prohibiting them from K-12 campuses. — Ed]