OAN Staff Cory Hawkins
5:51 PM – Monday, December 29, 2025
Social media company X, formerly known as Twitter, announced on Monday that it will support Michelle Evans’ legal defense against criminal prosecution stemming from a photo she posted of a man washing his hands in the women’s restroom at the Texas Capitol.
Evans, chair of the Williamson County Republican Party, faces potential criminal prosecution for reposting a 2023 photo (originally taken by someone else) showing a transgender individual washing their hands at a sink in the women’s restroom at the Texas State Capitol.
“X is proud to support the legal case of Michelle Evans. Ms. Evans faces potential criminal charges for reposting a picture of a male transgender activist using the sink to wash his hands in the women’s restroom in the Texas State Capitol in May 2023. Ms. Evans did not even take the photo. She merely posted it on X as part of political commentary on transgender issues.
Yet, shortly after, the Travis County District Attorney launched a criminal investigation into her post. The First Amendment protects Ms. Evans’ speech, yet in a 2-1 vote, the Fifth Circuit Court of Appeals issued a misguided and dangerous opinion allowing the criminal investigation to go forward. X is therefore assisting Ms. Evans in pursuing an appeal before all 17 judges of the Fifth Circuit.”
“We look forward to the full Fifth Circuit correcting this wrong and preserving free speech, which is the foundation of American democracy,” X’s Global Government Affairs wrote in a post Monday morning.
Evans, a local Republican party chair in Texas, shared the photo in 2023 on X. Soon after, the office of Travis County District Attorney liberal Jose Garza launched a criminal investigation into potential charges for photographing another person in a bathroom without their consent.
“Ms. Evans did not even take the photo. She merely posted it on X as part of political commentary on transgender issues,” X’s Global Government Affairs office wrote in its post.
Evans is requesting that all judges in the U.S. Court of Appeals for the Fifth Circuit to overturn the December 9th decision of two judges that allowed the criminal investigation to continue.
The Fifth Circuit Court of Appeals released an opinion that opened a door for the criminal investigation to proceed after a 2-1 vote in December.
X, defending free speech, argues that the case suppresses political expression.
“I’m grateful for the X Corp legal team’s support, their commitment to fighting for free speech, and their recognition that a Soros-backed DA is abusing his power to target me for speaking out against gender identity ideology in Texas,” Evans stated.
Numerous other Texas political figures and influencers have supported the social media giant’s decision to fund Evans’ defense.
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