Texas Passed a Law Protecting Campus Speech. It’s on the Verge of Rolling It Back. - The New York Times


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Texas's Shifting Stance on Campus Free Speech

Texas passed a law in 2019 designed to protect expansive First Amendment rights on college campuses. However, following the October 2023 Hamas attack on Israel and subsequent student protests at Texas universities, Republican lawmakers have reversed course.

Proposed Restrictions on Student Protests

A new bill aims to significantly restrict how students can protest, impacting factors like attire, noise levels, and protest times. If passed, this legislation would greatly expand state control over “expressive activities” on college campuses.

Unprecedented State Intervention

This proposed legislation marks a significant departure from the typical state-university relationship. States usually influence university policies, but directly regulating student conduct through law is unusual. The bill's passage would test the boundaries of state authority over campus culture and free speech, mirroring similar trends across the country.

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In 2019, Texas guaranteed expansive First Amendment protections on college campuses with a new law intended to be a corrective to ideological conformity in higher education.

Then came the Oct. 7, 2023, attack by Hamas on Israel. Tents, loudspeakers and student protesters, some masked, some in kaffiyehs, soon followed at Texas universities.

So did the second thoughts.

Republicans in the Texas Legislature — including some who helped write the 2019 law — did an about-face earlier this month and approved a bill that would restrict how students can protest. The bill is awaiting Gov. Greg Abbott’s signature.

If he signs it, as expected, free speech advocates said Texas will enter new legal territory, just as Republicans across the country test the limits of their authority to tighten control over the culture on college campuses.

While states set many policies that affect how public universities are run, they have not typically tried to regulate student conduct with an act of law.

But the Texas bill would greatly expand the state’s influence over “expressive activities” on campus — which are defined to include what students wear, how much noise they make and the hours of the day when expression is allowed.

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