Fifth Circuit: University Of Texas SB 2972 Injunction Appeal Heard

• University of Texas system officials are appealing a preliminary injunction blocking parts of Texas Senate Bill 2972, also known as the Campus Protection Act.
• The law mandates universities ban expressive activities between 10 p.m. and 8 a.m., and restrict certain activities during the last two weeks of each term.
• Student groups from UT Austin and UT Dallas successfully argued in a lower court that these provisions likely violate the First Amendment.
• The appeal centers on whether the lower court had jurisdiction, with the state arguing the law regulates universities, not students directly, while plaintiffs contend it directly chills student speech.
• Examples cited include impacts on student journalists covering breaking news and religious student groups holding morning prayers or inviting speakers.

This Fifth Circuit appeal will clarify the jurisdictional basis for challenging state laws that direct university speech policies, and the directness of their impact on student First Amendment rights.

Officials representing the University of Texas system recently appeared before a Fifth Circuit panel, seeking to overturn a lower court's preliminary injunction. The injunction currently prevents the enforcement of specific provisions within a state law, Senate Bill 2972, also known as the Campus Protection Act. This legislation, enacted following a period of significant pro-Palestinian demonstrations on university campuses, mandates that public universities implement policies restricting expressive activities.

At the heart of the legal challenge are two key requirements imposed by SB 2972. First, the law compels universities to prohibit all expressive activities between the hours of 10 p.m. and 8 a.m. Second, it restricts certain expressive activities during the final two weeks of each academic term, specifically those involving invited speakers, amplified sound, or percussive instruments. Student organizations from the University of Texas at Austin and the University of Texas at Dallas initiated the original lawsuit, arguing these provisions infringe upon their First Amendment rights. A Texas federal judge sided with the students last year, issuing the preliminary injunction after determining the challenged sections likely violated constitutional free speech protections.

During the appellate hearing, Texas Assistant Solicitor General Daniel Ortner contended that the federal district court lacked the proper jurisdiction to issue the injunction. Ortner argued that Senate Bill 2972 primarily regulates universities themselves, directing them to establish student speech policies, rather than directly imposing restrictions on students. He asserted that the law is not, in itself, a student speech policy, and therefore, the plaintiffs' injunction request against the statute directly, rather than against specific campus policies derived from it, was procedurally flawed. U.S. Circuit Judge Andrew Oldham appeared receptive to this argument, noting that while students might feel injured, their grievances seemed to stem from the implementation of the law through university policies, rather than from the statute's direct application.

Conversely, Adam Steinbaugh, representing the student plaintiffs, countered that the statute's language unequivocally commands universities to implement these policies, using the word "shall." He argued that such directives have clear and predictable "downstream impacts" that directly chill student speech. Steinbaugh emphasized that while the law targets universities, its ultimate object and direct effect are the restrictions placed on students' expressive activities. This Fifth Circuit appeal will clarify the jurisdictional basis for challenging state laws that direct university speech policies, and the directness of their impact on student First Amendment rights.

Steinbaugh provided concrete examples of how the Campus Protection Act's provisions would directly curtail student expression. He highlighted that a reporter for The Retrograde, a student newspaper at the University of Texas at Dallas and one of the plaintiffs, would be prohibited from covering breaking news events occurring after 10 p.m. due to the nighttime ban on expressive activities. This restriction could severely impede timely reporting and journalistic endeavors on campus.

Furthermore, the attorney pointed out the impact on the Fellowship of Christian University Students at the University of Texas at Dallas, another plaintiff organization. Under the law, this group would be prevented from inviting ministers to campus for their weekly meetings during the last two weeks of the semester, or from holding morning prayer meetings before 8 a.m. Steinbaugh underscored the broad scope of the legislation, stating that its plain text applies to a "breathtaking amount of speech." The appellate panel hearing these arguments included U.S. Circuit Judge Edith Brown Clement and U.S. Circuit Judge Dana Douglas, alongside Judge Oldham.

The ongoing University of Texas SB 2972 injunction appeal holds significant implications for the landscape of campus speech restrictions across Texas universities. The Fifth Circuit's decision will provide crucial guidance on the extent to which state laws can direct institutional policies that, in turn, limit student First Amendment rights. The outcome will help define the boundaries of state legislative authority over campus expression and the avenues available for students to challenge such directives.

Lawyers advising Texas universities or student organizations should closely monitor the outcome of this appeal. The ruling will offer clarity on compliance with campus speech regulations and could influence potential litigation strategies regarding free speech restrictions. The case represents a critical juncture for understanding how the judiciary balances state interests in campus order with fundamental constitutional protections for student speech, particularly in the context of the Campus Protection Act Texas appeal and its potential to shape future student speech policies at Texas universities.

This Fifth Circuit appeal will clarify the jurisdictional basis for challenging state laws that direct university speech policies, and the directness of their impact on student First Amendment rights. Lawyers advising Texas universities or student organizations should monitor the outcome for implications on compliance with campus speech regulations and potential litigation strategies regarding free speech restrictions.

Source: Original reporting via Courthouse News