Multiple organizations are suing the University of Texas System as a means of undoing a new state law meant to counter disruptive activities on college campuses.
The law in question is Senate Bill 2972, which took effect September 1. It was designed to protect freedom of expression for students while establishing guardrails to prevent the type of disruptive chaos that occurred at UT-Austin in 2024.
Pro-Palestine “protestors” disrupted campus activities in spring 2024, when they set up an encampment on the university’s south lawn—which is illegal under House Bill 1925. Protestors physically engaged with and verbally attacked the Dean of Students’ staff who attempted to confiscate the equipment.
Police officers were reportedly called Nazis, spat on, and assaulted with water bottles. Pepper spray was used in self-defense. Roughly 100 people were arrested during the incident.
SB 2972, called the “Campus Protection Act,” prohibits “any speech or expressive conduct protected by the First Amendment to the United States Constitution” on Texas’ public university and college campuses for 10 hours daily, from 10 p.m. to 8 a.m.
The Foundation for Individual Rights and Expression (FIRE) filed the lawsuit in a federal district court in Austin on Wednesday morning—just two days after SB 2972 took effect—challenging various provisions of the law.
Defendants include members of the Board of Regents of The University of Texas System, Chancellor John Zerwas, President James Davis of UT-Austin, and President Prabhas Moghe of UT-Dallas.
The lawsuit slams the UT System for taking what it calls a “blatantly unconstitutional” stance toward protecting free expression and upholding the First Amendment at its public universities and colleges.
FIRE’s primary objection is that the law is too broad, impacting much more than what was needed to address the 2024 disruptive “protests” at UT-Austin.
“[T]he Act casts a long censorial shadow,” reads the lawsuit. “Early morning prayer meetings on campus, for example, are now prohibited by law. Students best beware of donning a political t[-]shirt during the wrong hours. And they must think twice before inviting a pre-graduation speaker, holding a campus open-mic night to unwind before finals, or even discussing the wrong topic—or discussing almost anything—in their dorms after dark.”
Represented in the lawsuit are various free speech groups and individuals who are reportedly impacted by SB 2972’s implementation.
This includes Fellowship of Christian Students at UT-Dallas, the Retrograde Newspaper, Young Americans for Liberty (YAL), and UT-Austin’ YAL Chapter President Zall Arvandi.
Student performance groups such as the Texas Society of Unconventional Drummers and Strings Attached are also included in the lawsuit, alleging the law may punish them for rehearsing or performing during certain hours.
“[T]he First Amendment does not go to bed when the sun goes down. Nor does it take days off,” reads the lawsuit. “Instead, the First Amendment protects free speech at public universities and colleges 24 hours a day, 365 days a year.”
The lawsuit is asking the court to declare each challenged provision of SB 2972 unconstitutional, both generally and as it applies to the plaintiffs. The court is also being asked to prohibit the defendants from enforcing any of the provisions in question.
None of the parties mentioned responded to Texas Scorecard’s request for comment in time for publication.
If you or anyone you know has information regarding court cases or higher education, please contact our tip line: [email protected].
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