Federal judge halts overnight expression restriction in Texas campus speech law

Federal Judge Blocks Texas Law on Nighttime Campus Speech

A federal judge has temporarily blocked significant aspects of a recent Texas law that limits speech on college campuses after dark. This ruling halts the University of Texas System’s enforcement of a nighttime speech ban, which includes restrictions on inviting outside speakers and using amplified sound during the semester’s last two weeks.

U.S. District Judge David A. Ezra stated that the claims from student groups suggest the law likely infringes on their First Amendment rights. “The First Amendment doesn’t require a 10 p.m. curfew,” the judge remarked, emphasizing that the government must prove its regulations are precisely aimed at fulfilling a significant public interest—something it hasn’t done.

The court noted that adding a clause about following the First Amendment doesn’t outweigh the law’s requirement for universities to implement policies that violate constitutional protections.

Ezra also expressed skepticism about the university’s ability to enforce its policies constitutionally while leaving students uncertain, fearing potential legal repercussions from their speech.

The Foundation for Individual Rights and Expression (FIRE) initiated a lawsuit against the University of Texas System last month, contesting the law which aims to regulate on-campus protests and grant governing boards power to determine protest locations.

FIRE lawyers argue the law breaches both the First and 14th Amendments by prohibiting protected speech on campus from 10 p.m. to 8 a.m. JT Morris, a senior attorney at FIRE, called the ruling a win for all who speak out on Texas college campuses, reinforcing that the First Amendment safeguards their freedom of speech round the clock.

Ben Wright, a spokesperson for the University of Texas System, stated they can’t comment on ongoing litigation but affirmed their commitment to adhering to legal requirements and court directives.

Senate Bill 2972, introduced by former Republican state Senator Brandon Clayton, imposed stricter regulations on protest activities and banned nighttime expressive actions. This law repealed a prior 2019 state law mandating that all university outdoor spaces serve as public forums for expression.

Beyond restricting nighttime speech, the law prevents demonstrators from using speakers or sound amplifiers during protests when they might intimidate others or disrupt university operations. It also bans encampments at protests, alterations of flags, and wearing disguises to avoid identification.

University-affiliated protesters must provide proof of their identity and status if approached by university personnel. FIRE’s chief attorney, Adam Steinbaugh, criticized the law for being overly broad, suggesting even casual conversations in dorms past curfew could be seen as violations. He expressed gratitude for the court’s decision that challenges administrators’ ability to censor dissenting views.

Clayton, who recently transitioned to chancellor of the Texas Tech University System, contended that SB 2972 would bolster free speech protections, promoting openness while also safeguarding students, faculty, and campus property from disturbances caused by outside groups.