A national free speech group is suing to block a new Texas law limiting on-campus protests.
FIRE, the Foundation for Individual Rights and Expression, filed a suit in the Western District of Texas on behalf of numerous University of Texas system student groups seeking a preliminary injunction against Senate Bill 2972.
The bill, which came after pro-Palestinian rallies and protests took place on college campuses nationwide, went into effect on Sept. 1. While “recognizing freedom of speech and assembly as central to the mission of institutions of higher education,” the law requires public universities and colleges to adopt policies that prohibit certain “expressive activities" — such as the use of bullhorns and drums; on-campus speakers during the last two weeks of a semester; and demonstrations between 10 p.m. and 8 a.m.
“The First Amendment doesn’t set when the sun goes down,” FIRE’s senior supervising attorney, JT Morris, said in a news release. “University students have expressive freedom whether it’s midnight or midday, and Texas can’t just legislate those constitutional protections out of existence.”
The University of Texas at Dallas’ independently operated student newspaper, The Retrograde, is one of the plaintiffs in the suit.
Editor-In-Chief Gregorio Olivares Gutierrez said news happens after 10 p.m., but the law would prohibit its coverage.
“The way that it's worded, it is a limitation on expressive speech,” he told KERA News. “And that kind of expressive speech is anything protected by the First Amendment, which protects things like religion, freedom of the press, freedom to gather, freedom of speech.”
FIRE said another plaintiff, The Fellowship of Christian University Students at UT-Dallas, would be unable to invite an off-campus minister to lead a prayer during finals under SB 2972.
Other student plaintiffs represented by FIRE include Young Americans for Liberty, The Society of Unconventional Drummers, and Strings Attached.
Defendants include the UT System Board of Regents, UT System Chancellor John M. Zerwas, UT Austin President Jim Davis, and UT Dallas President Prabhas V. Moghe.
KERA sought comment from all defendants. The UT System responded but declined to provide a statement because of litigation.
Bill Zeeble is KERA’s education reporter. Got a tip? Email Bill at bzeeble@kera.org. You can follow him on X @bzeeble.
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