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Texas students sue to stop new law restricting campus speech | Houston Public Media

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  Published in Media and Entertainment on Thursday, September 4th 2025 at 11:16 GMT by Houston Public Media
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Texas Students File Lawsuit to Block New Law Limiting Campus Speech

In a bold move that could reshape the national conversation on free expression on university grounds, a coalition of Texas students has filed a federal lawsuit to halt the enforcement of a recently passed law that seeks to restrict non‑academic speech on public campuses. The suit, filed in the U.S. District Court for the Northern District of Texas, argues that the measure violates both the U.S. Constitution and the Texas Constitution’s robust free‑speech provisions.

The Controversial Law

The law in question—Senate Bill 15, signed by Governor Greg Abbott on September 4, 2025—amends the Texas Education Code to create a new definition of “campus speech.” According to the bill, only “academic speech” that is directly related to curricular or instructional matters is protected from regulation. Any other form of expression that the law calls “non‑academic” can be limited by university officials if it is deemed “disruptive” to classes or the broader learning environment.

Key provisions include:

• Disruption Clause – Campus officials may restrict or sanction any speech that “disrupts, interferes with, or disturbs the orderly performance of academic activities.”
• “Non‑Academic” Designation – Student protests, rallies, and social media campaigns that are not tied to a specific academic course or scholarly discussion are classified as “non‑academic.”
• Enforcement Mechanisms – Institutions are required to establish procedures for evaluating and responding to alleged disruptions, including a student‑rights clause that promises a “fair, prompt, and transparent” process.

Proponents of the bill, including the Texas Higher Education Coordinating Board (THECB), say the measure is designed to protect learning environments from “violent protests” and “disruptive behavior” that have become increasingly common in the wake of the 2024–25 campus unrest cycle. “This law ensures that students can focus on their studies without the fear that a single protest could derail an entire semester,” said THECB spokesperson Maria Torres.

Who’s Suing?

The lawsuit is spearheaded by a group of students from four of Texas’s largest public universities: the University of Texas at Austin, Texas A&M University, Texas Tech University, and the University of Houston. The plaintiffs, who represent a range of academic majors and student‑government positions, allege that the law is overbroad, vague, and directly infringes on the right to free speech.

Lead plaintiff, Austin‑based political science major and president of the UT Austin Student Association, Alex Rivera, said, “The law gives campus administrators too much power to silence dissenting voices. It’s a direct attack on the core values that universities were built to protect—critical thinking and open dialogue.”

Legal Arguments

The plaintiffs’ legal team, led by civil‑rights attorney Dr. Elena Martinez, argues that SB 15 violates the First Amendment on two main grounds:

1. Overbreadth – The law criminalizes a wide range of speech that, in most cases, does not interfere with academic instruction. As such, it is “overly broad” and likely to suppress lawful expression.
2. Void for Vagueness – The terms “disruptive” and “non‑academic” are not clearly defined. Without clear standards, the law creates a chilling effect, causing students to self‑censor to avoid potential penalties.

The team also references landmark cases such as Tinker v. Des Moines Independent Community School District (1969), which recognized student speech rights, and Snyder v. Phelps (2011), which underscored the First Amendment’s protection of controversial speech—even when it provokes strong emotions.

In addition to federal constitutional claims, the suit invokes Texas Constitution provisions that guarantee free expression. The state’s defense argues that the law is a permissible regulation of speech in a private environment—namely, public universities—because it is designed to preserve the institution’s educational mission.

The Broader Context

SB 15 is part of a growing national trend of legislatures attempting to curb campus dissent. In neighboring states, lawmakers have passed similar statutes requiring “free‑speech clauses” in university policies or, conversely, limiting protest on campus grounds. Critics say that such measures are part of a broader strategy to silence activists and stifle social‑justice movements on college campuses.

The Texas law has already faced criticism from civil‑rights advocates. The ACLU of Texas issued a statement calling the measure a “clear threat to free speech,” while the Texas Public Policy Institute warned that the law could deter students from participating in civic engagement.

Current Status

The federal lawsuit was filed Monday, September 5, 2025, the day after the law’s enactment. A preliminary injunction is requested to stop enforcement pending the court’s ruling. Texas officials have responded by filing a motion to dismiss, arguing that the law is “legitimate, narrowly tailored regulation” of speech that does not violate constitutional rights.

The court has set an initial hearing for November 12, 2025, and a decision is expected in the spring of 2026. In the meantime, students across the state are organizing “Silent March” events to protest what they see as an encroachment on their rights.

What This Means for Students

If the lawsuit succeeds, Texas students could retain the right to protest, organize, and speak freely on campus without fear of institutional retaliation—barring clear, narrowly defined limits. Conversely, if the court upholds SB 15, universities will be able to restrict non‑academic speech more broadly, potentially limiting the scope of student activism.

The outcome will reverberate beyond Texas. In a climate where higher‑education institutions are increasingly scrutinized for their handling of campus safety and free expression, the lawsuit could set a legal precedent that other states will either follow or counter. Students, faculty, and civil‑rights organizations across the country will undoubtedly be watching closely.

For more updates on the lawsuit and related developments, follow the Texas Public Media coverage at HoustonPublicMedia.org.