Student groups from the University of Texas at Austin and UT Dallas have sued the UT System for its restrictive policies on free speech that limit student action on college campuses, according to a news release.
The lawsuit was filed Wednesday by the Foundation for Individual Rights and Expression, a nonprofit group dedicated to defending and protecting free speech. The six plaintiffs include student groups from UT Dallas — the Fellowship of Christian University Students; a student-run newspaper, The Retrograde; and Strings Attached, a live music student club at the university.
“If you try to weaken First Amendment rights to go after some speech, you wind up diluting the First Amendment protection for everyone,” said Adam Steinbaugh, one of the lawyers from the foundation involved with the lawsuit.
This suit seeks an injunction against policies the university system adopted based on Senate Bill 2972, according to the lawsuit document.
The UT System said in a statement it has yet to review the lawsuit and declined to comment any further.
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Texas lawmakers passed SB 2972 earlier this year in response to student protests in May 2024 against the war in Gaza that resulted in dozens of arrests at University of Texas campuses in Richardson and Austin. The law limits where and when students and university staff can protest on campus.
Under the law, university governing boards would determine where protests could take place. Permitted protests would not be allowed to include tents, amplified speakers during certain times and drums, among other restrictions. Protesters also would not be allowed to lower the U.S. or Texas flags during a demonstration.
One of the policies mentioned on the university’s website prohibits students from engaging in any kind of “expressive activities on campus between the hours of 10 p.m. and 8 a.m.”
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“Even Cinderella had more time,” Steinbaugh said.
He said the lawsuit aims to get the law enjoined or stopped from taking effect because it is unconstitutional and a violation of the First Amendment.
“The First Amendment doesn’t set when the sun goes down,” said JT Morris, another senior attorney from the foundation associated with the lawsuit in the release.
Gregorio Olivares Gutierrez, editor-in-chief of The Retrograde, said the newspaper he helps manage does most of its work after 10 p.m., whether reporting breaking news or putting together the next issue of the paper. The Retrograde is not affiliated with UT Dallas, according to the university’s website.
He said the new policy adopted by the university, mandated by the law, directly affects the publication’s day-to-day functioning.
He said he hopes for this lawsuit to bring a change in policies so that students do not have to deal with rules that make it impossible for them to express themselves freely on campus.
The lawsuit also challenges one of the policies that prohibits students from engaging in activities or inviting guest speakers during the last two weeks of any semester or term, according to the university’s website. This will prevent the Fellowship of Christian University Students from inviting an off-campus minister to lead a prayer during finals, the release said.
“Across the board, not just with like Christian ministries but a lot of clubs on campus, this is going to affect their ability to operate,” said Juke Matthews, committee chair at the Fellowship of Christian University Students.
Matthews said he hopes the university system considers how the bill affects campus activities and rethinks some of the policies.