LAWSUIT: Texas bans the First Amendment at public universities after dark

AUSTIN, Texas, Sept. 3, 2025 — The Foundation for Individual Rights and Expression filed a lawsuit today to stop enforcement of a new, unconstitutional law that turns every public university in Texas into a speech-free zone starting at 10 p.m. every day. FIRE is suing the University of Texas System on behalf of student musicians, journalists, political organizers, and religious students who span the ideological spectrum, all of whom the new Texas law threatens to silence.

“The First Amendment doesn’t set when the sun goes down,” said FIRE senior supervising attorney JT Morris. “University students have expressive freedom whether it’s midnight or midday, and Texas can’t just legislate those constitutional protections out of existence.”

In 2019, Texas was a national leader in protecting student speech, passing a robust law enshrining free speech on public university campuses. But after a series of high-profile protests over the Israeli-Palestinian conflict in 2024, the Texas legislature reversed course and passed Senate Bill 2972, transforming the speech-protective 2019 law into one mandating that the state’s public universities and colleges impose a host of sweeping censorship measures.

FIRE’s lawsuit is challenging two major provisions of the law, which went into effect on Sept. 1. The first requires public universities in Texas to ban all “expressive activities” on campus between the hours of 10 p.m. and 8 a.m., which the law defines as “any speech or expressive conduct protected by the First Amendment.”

That is a shocking prohibition of protected speech at public universities. Under the new law, universities now have the power to discipline students at nighttime for wearing a hat with a political message, playing music, writing an op-ed, attending candlelight vigils — even just chatting with friends.

“This law gives campus administrators a blank check to punish speech, and that authority will inevitably be used to target unpopular speech,” said FIRE attorney Adam Steinbaugh. “Administrators have plenty of ways to prevent disruptive conduct that do not involve such a broad censorship mandate.”

FIRE is also challenging the law’s mandate that universities ban student groups from a host of protected expression during the last two weeks of any semester or term, including inviting guest speakers, using amplified sound, or playing a drum. The Fellowship of Christian University Students at UT-Dallas, for example, would be unable to invite an off-campus minister to lead a prayer during finals.

“Our organization gives students on campus a place to worship with one another and hear from Christian leaders,” said FOCUS committee chair Juke Matthews. “For many of them, this is their church away from home. This law would yank away part of their support system right at the most stressful time of the term.”

COURTESY PHOTOS OF STUDENT CLIENTS FOR MEDIA USE

If state officials and campus administrators want to regulate disruptive speech, the First Amendment demands that they narrowly tailor any such regulation. But Texas’ blanket ban makes no distinctions about the noise level or location of the expression. The Texas law would permit a tuba concert during finals weeks, but not one with drums. And the law exempts “commercial speech” from its sweeping bans on speech. So Texas students are free to advertise t-shirts featuring the First Amendment after hours… but could face discipline for wearing them.

FIRE is suing on behalf of a diverse group of students and student organizations whose speech the new Texas law will harm. Along with the UT-Dallas chapter of FOCUS, other plaintiffs include:

• Young Americans for Liberty is an Austin-based national grassroots organization for students who want to advance the cause of liberty. Many of their student members at Texas universities engage in protests, petitions, and “Free Speech Balls” that traditionally take place during evening hours. FIRE is also representing an individual YAL member who attends UT-Austin and would personally face punishment for inviting YAL speakers in the final weeks of term or for sharing his political opinions at the wrong hour.
• The Society of Unconventional Drummers is a registered student organization at UT-Austin that puts on performances throughout the term, including at the end of each semester. Texas’s arbitrary rule banning percussion the last two weeks of any semester would force the students to cancel one of their most popular shows.
• Strings Attached is a student music group that holds public performances on UT-Dallas’s campus, including in the final two weeks of term. Some of their concerts take place after hours or during the day with sound amplification, both of which could fall afoul of the Texas law’s sweeping bans.
• The Retrograde is a new, independent student newspaper that serves the UT-Dallas community. Whether it’s writing a story, emailing sources, editing a column, much of its staff’s newsgathering and reporting necessarily happens after Texas’ 10 p.m. free speech cutoff.

“Under these new rules, we’re at risk of being shut down simply for posting breaking news as it happens,” said Retrograde Editor-in-Chief Gregorio Olivares Gutierrez. “With that threat hanging over our heads, many student journalists across the UT system face the impossible decision between self-censorship and running a story that criticizes the powers on campus.”

FIRE’s clients will ask the U.S. District Court for the Western District of Texas to issue a preliminary injunction to prevent UT’s new speech bans from taking effect. The defendants in the lawsuit include the members of the UT System Board of Regents, UT System Chancellor John M. Zerwas, UT-Austin President Jim Davis, and UT-Dallas President Prabhas V. Moghe.

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought—the most essential qualities of liberty. FIRE recognizes that colleges and universities play a vital role in preserving free thought within a free society. To this end, we place a special emphasis on defending the individual rights of students and faculty members on our nation’s campuses, including freedom of speech, freedom of association, due process, legal equality, religious liberty, and sanctity of conscience.

CONTACT:

Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org