The 5th U.S. Circuit Court of Appeals will consider Texas Senate Bill 2972 on Tuesday, testing whether the state’s Campus Protection Act violates the First Amendment. The law, passed in 2025 after a wave of pro‑Palestinian demonstrations on college campuses, requires public universities to adopt policies that bar expressive activity from 10 p.m. to 8 a.m. and prohibit invited speakers, amplified sound and drums during the final two weeks of a semester.
Background and Legislative Intent
Lawmakers crafted SB 2972 in response to protests that began in April 2024, when students at Columbia University set up an encampment and later occupied a building. The unrest quickly spread to Texas campuses, prompting hundreds of students at the University of Texas at Austin to demand divestment from weapons manufacturers supplying Israel. UT‑Austin President Jay Hartzell called in state troopers, warning the university could become “the next Columbia.” State Senator Brandon Creighton, the bill’s author, emphasized that “the First Amendment does not protect violence or harassment,” and cited incidents at Columbia and Harvard as harassment against Jewish students.
Legal Challenge
Students at UT‑Austin and UT‑Dallas, represented by the Foundation for Individual Rights and Expression (FIRE), sued the University of Texas System, arguing the overnight and finals‑week restrictions are overly broad. They contend the law could silence a student journalist working late, prevent a Christian group from worshiping with an invited minister, or stop a percussion ensemble from performing in a music space.
U.S. District Judge David Alan Ezra, based in Austin, temporarily blocked enforcement of the contested provisions on Oct. 14, 2025, finding the plaintiffs were likely to succeed on their First Amendment claim. The University of Texas System appealed the decision to the 5th Circuit.
State’s Defense
Texas Solicitor General William Peterson and Assistant Solicitor General Daniel Ortner argue that the law does not outright ban speech after 10 p.m. or during finals. Instead, it directs colleges to create policies that balance free expression with the need to protect students’ sleep, studying time, and exam integrity. They point to the law’s explicit language that “nothing in this section may be construed to limit or infringe on a person’s right to freedom of speech or expression protected by the First Amendment,” and to UT‑Austin’s policy, which applies restrictions only to loud, amplified sound in common outdoor areas and indoor spaces where it can be heard.
The state also argues that the plaintiffs lack standing because the statute regulates colleges, not individual students, and therefore the students cannot demonstrate direct harm.
Students’ Counterarguments
Student attorneys maintain that SB 2972 leaves colleges little discretion, mandating that schools “shall adopt” the restrictions and imposing disciplinary sanctions. They note the law’s near‑word‑for‑word adoption by UT‑Dallas and argue that promises of responsible enforcement do not cure an unconstitutional statute, quoting a 2010 Supreme Court decision: “We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly.”
Additionally, the students argue the law discriminates by exempting commercial speech—such as selling merchandise—while restricting other forms of expression, a point the state disputes.
What’s at Stake
The case pits the state’s interest in maintaining campus order and protecting students’ well‑being against the fundamental right to free expression. A ruling in favor of the university could solidify the state’s ability to set uniform speech policies across public colleges, while a decision upholding the injunction would preserve broader latitude for student groups and individual speakers.
The outcome will likely influence how other states craft campus‑speech regulations and could set a precedent for future challenges to similar statutes nationwide.
Original reporting: Texas Tribune (HLL/CB) — read the source article.
