Bill limiting protests at public universities awaits Gov. Abbott’s approval

A bill that passed through the Texas legislature last weekend would prohibit certain times and locations of protests on public university campuses. 

Critics worry the bill is in direct violation of the First Amendment, as well as the Texas Constitution.

Limiting Expressive Activities at Texas Schools

Senate Bill 2972 defines "expressive activities" in the same manner as the First Amendment and the Texas Constitution, directly citing those documents to include assemblies, protests, speeches, the distribution of written materials, the carrying of signs, and the circulation of petitions.

Under the new bill, the following would be prohibited at Texas universities:

  • Using devices to amplify sound during class hours while engaging in expressive activities.
  • Engaging in expressive activities during the last two weeks of the semester.
  • Camping or setting up tents on campus.
  • Wearing a mask or other disguise while engaging in expressive activities.
  • Lowering the U.S. flag with the intent to raise another flag.
  • Engaging in expressive activities between 10 p.m. and 8 a.m.

Note that these are limited and expanded upon individually within the bill’s text.

The Senate passed the bill 21-10 on May 14. The House passed it 97-39 on May 28.

What they're saying:

The bill’s text says it may not be construed to limit freedom of speech or expression as protected by the First Amendment or Texas Constitution. Critics wonder how this is possible, saying the bill in its entirety is an imposition of prohibitions on rights defined in those texts.

Caro Achar, the engagement coordinator for free speech at the ACLU of Texas, released the following statement to that point.

"S.B. 2972 threatens the free expression of all Texans, regardless of political beliefs. This bill imposes broad restrictions that allow school officials to restrict how, when, and where Texans can speak on campus — undermining the First Amendment rights of students, faculty, staff, and the general public."

Recent Pro-Palestine Protests

Dig deeper:

The new bill comes on the heels of recent major protests on Texas university campuses, largely related to the conflict between Israel and Palestine, as well as developments with mass deportations. 

Related

UT students protest mass deportations, call for university to protect immigrant students

UT Austin students are standing with international students and demanding protections for them amid a crackdown on immigration from the federal government.

At one UT Austin protest in April 2024, 79 pro-Palestine protesters were taken into custody. 

The university was later found to have violated several institutional rules when handling the incident.

READ MORE

What's next:

SB 2972 now awaits Gov. Greg Abbott’s signature. According to the ACLU, he is expected to sign it into law. If he neither signs nor vetoes the bill, it will become law without his action. 

The Source: Information in this article comes from Texas Legislature Online, the ACLU of Texas and previous coverage by FOX 7.

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