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

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.