X, the social media platform owned by Elon Musk, announced Monday that it will fund the legal defense of Michelle Evans, chair of the Williamson County Republican Party, who is under investigation in Travis County following a 2023 social media post made during a legislative debate at the Texas Capitol.
In a statement from X’s Global Government Affairs account, the company said Evans is under investigation after reposting a photograph—taken by another individual—reportedly showing a biological male with long pink hair standing at a sink and washing his hands inside a women’s restroom at the Texas Capitol.
Evans did not take the photograph but shared it on X as part of political commentary, according to the company.
“X is proud to support the legal case of Michelle Evans,” the company wrote, characterizing the investigation as a threat to protected political speech and confirming it is assisting Evans in seeking further review in federal court.
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…
— Global Government Affairs (@GlobalAffairs) December 29, 2025
The investigation centers on Texas Penal Code § 21.15(b), the state’s invasive visual recording statute, which criminalizes transmitting or promoting images taken in places where individuals have a reasonable expectation of privacy, including bathrooms, if done without consent and with intent to invade privacy.
The statute explicitly applies to those who take such images, as well as to individuals who knowingly promote or transmit them.
Evans sued Travis County District Attorney José Garza in federal court, seeking to block the investigation, arguing that the statute is unconstitutional as applied to her post. She contended the image depicted a fully clothed individual at a sink in a public government building and that reposting it constituted protected political speech.
On December 9, a divided panel of the United States Court of Appeals for the Fifth Circuit rejected Evans’ request for a preliminary injunction, allowing the criminal investigation to continue. The court emphasized that no criminal charges have been filed and ruled that Evans failed to demonstrate a substantial likelihood of success on the merits at this stage.
In a dissenting opinion, Judge Andrew Oldham argued that applying the statute to Evans’ repost suppresses core political speech protected by the First Amendment. Oldham wrote that the image showed no nudity or intimate conduct and was shared in the context of an active public policy debate at the Capitol, calling the investigation an unconstitutional application of the law.
X said it is supporting Evans’ request for an en banc rehearing before all judges of the Fifth Circuit, citing concerns about selective enforcement and the chilling effect of criminal investigations into online political speech.
The move aligns with a pledge Musk made in 2023 after acquiring Twitter—now X—when he said the platform would fund legal defenses for users who face consequences over speech posted on the site.
“If you were unfairly treated by your employer due to posting or liking something on this platform, we will fund your legal bill. No limit,” Musk wrote at the time.
Evans also addressed the case publicly in a video clip she shared on X from a prior interview with Sara Gonzales, reiterating that she did not take the photograph and said she received it from another individual before reposting it. In the interview, Evans also alleged that Texas Department of Public Safety officers later seized her phone without a warrant and said she has not been informed whether criminal charges will be filed.
The case unfolds as Texas steps up enforcement of sex-based privacy laws in government facilities.
Senate Bill 8, known as the Texas Women’s Privacy Act, recently took effect, requiring public entities to take “every reasonable step” to ensure multi-occupancy restrooms and changing areas are designated for single-sex use.
As The Dallas Express has previously reported, Texas Attorney General Ken Paxton launched a public complaint portal that allows Texans to report alleged violations of Senate Bill 8 in government buildings, schools, and universities.
The investigation into Evans has not led to criminal charges. Court records show that the statute of limitations for the alleged offense extends to 2026.
