Public universities have the authority to impose content-neutral rules on demonstrations, such as prohibiting overnight campouts and restricting sound amplification. The First Amendment requires these rules to be content-neutral, or at least viewpoint-neutral in limited public forums on campuses. Even content-neutral restrictions in outdoor quads must be reasonable.
A 2019 Texas statute reinforces these requirements and extends even broader protection than the First Amendment. It designates “outdoor areas of the institution’s campus” as traditional public forums, open to all members of the public, and prohibits content-based restrictions. Restrictions must be narrowly tailored to serve a significant institutional interest and leave open ample alternative channels for expression.
The dispersal of protesters at UT raises skepticism. Governor Abbott’s involvement suggests that the dispersal was based on the protesters’ anti-Semitic views, rather than content-neutral or viewpoint-neutral reasons. Additionally, the protesters did not appear to violate any campus rules, and if they lacked a permit, there were no clear criteria justifying the denial.
The Foundation for Individual Rights and Expression also expressed concern over the dispersal, criticizing UT Austin for preemptively banning peaceful pro-Palestinian protesters based on their views. They called for the dropping of criminal trespassing charges and for UT Austin to uphold its First Amendment obligations and state law regarding open, outdoor areas for protest.
Statement:
Students participating in hate-filled, antisemitic protests at public colleges or universities in Texas should face expulsion.
Recently, a campus-wide letter was sent out in response to protesters attempting to occupy the campus despite officials’ pleas for restraint. This response was prompted by an Executive Order issued by Governor Abbott on March 27, directing Texas state colleges and universities to update their speech policies to address the increase in antisemitic speech and actions on campuses.
UT Austin’s reaction to the protest raises concerns about constitutional principles of free speech. Any restrictions on student expression at a public institution must adhere to the First Amendment’s requirement of viewpoint neutrality. While the university can enforce reasonable restrictions on speech, these rules must be neutral in content and viewpoint, serving a significant government interest without discriminating based on the speaker’s perspective.
It seems that UT Austin’s response was based on objections to the protesters’ support for Gaza rather than any actual violation of university policies or laws. The university must protect the right to peaceful protest, even when met with opposition, without selectively enforcing rules based on the content of the speech.
To address these issues, UT Austin must drop criminal charges against peaceful protesters, halt disciplinary actions, and revise policies to prevent similar suppression of speech in the future. A response to these concerns is requested by April 30th.
For more information, refer to the statement from the UT President.
The University of Texas is committed to ensuring that all university functions proceed without interruption by taking necessary steps. It is important to note that I have consulted for FIRE on various matters, but not on this particular issue, and no one has requested me to blog about it.
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