06-25-2025
Texas will expand its ability to regulate speech on college campuses through a new bill awaiting the governor’s signature. The proposed law allows the state to oversee “expressive activities” that include what students wear, how much noise they make, and the hours of the day when expression may be allowed. The restrictions apply to using drums or other devices that amplify sound, wearing “disguises” intended to conceal identities from law enforcement, and lowering the American flag to replace it with a flag representing a different country or political cause. It curtails the students’ ability to protest in the last two weeks of each semester and every day between 10:00 p.m. and 8:00 a.m.
Critics of the bill assert that it infringes on free speech rights and interferes with academic self-governance. The Republican lawmaker who sponsored the bill has said the political unrest in 2024 motivated the new bill. First Amendment scholars told the New York Times that Texas is likely violating the Constitution by trying to police the speech of students, faculty, and employees. A 2019 Texas law allowed “all persons” to participate in campus demonstrations. The new law limits demonstrations to students and employees.
The Daily Texan, the University of Texas-Austin’s student paper, noted that the new law removes the “traditional public forum” status from public colleges and universities. However, individual campuses can still choose to designate their own public forums. The legislation is a reaction to the pro-Palestinian protests that greatly impacted college campuses nationwide. UT disciplined many students for their involvement. Lawsuits have been filed against the university for how it handled the protests.