Introduction to the Controversy
A new law in Texas, Senate Bill 2972, has sparked controversy over freedom of speech on college campuses. The law, which took effect on September 1, limits on-campus protests and expressive activities, prompting a national free speech group to file a lawsuit against it.
What the Law Entails
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. While the law claims to recognize freedom of speech and assembly as central to the mission of institutions of higher education, critics argue that it unconstitutionally restricts students’ First Amendment rights.
The Lawsuit
The Foundation for Individual Rights and Expression (FIRE) has 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. FIRE’s senior supervising attorney, JT Morris, argues that "the First Amendment doesn’t set when the sun goes down" and that university students have expressive freedom whether it’s midnight or midday.
Impact on Student Groups
The lawsuit includes several student groups as plaintiffs, including the University of Texas at Dallas’ independently operated student newspaper, The Retrograde. The newspaper’s Editor-In-Chief, Gregorio Olivares Gutierrez, notes that news can happen at any time, including after 10 p.m., but the law would prohibit its coverage. Other plaintiffs include The Fellowship of Christian University Students at UT-Dallas, Young Americans for Liberty, The Society of Unconventional Drummers, and Strings Attached.
Restrictions on Expressive Activities
FIRE argues that the law’s restrictions on expressive activities are too broad and would limit students’ ability to express themselves. For example, 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. Similarly, The Society of Unconventional Drummers would be prohibited from performing on campus during certain hours.
Response from the University
The UT System responded to the lawsuit but declined to provide a statement due to ongoing litigation. The defendants in the lawsuit 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.
Conclusion
The controversy surrounding Senate Bill 2972 highlights the ongoing debate over freedom of speech on college campuses. While the law’s proponents argue that it is necessary to maintain order and discipline on campus, critics argue that it unconstitutionally restricts students’ First Amendment rights. The outcome of the lawsuit will have significant implications for students’ ability to express themselves and engage in expressive activities on campus. As the case progresses, it will be important to consider the potential impact on students’ rights and the role of universities in protecting those rights.
