Pro-Palestinian student organizations can proceed with their lawsuit alleging free speech violations by several Texas public colleges, according to a recent federal court ruling. The student groups at the University of Texas at Austin, the University of Texas at Dallas, and the University of Houston are challenging an order by Governor Greg Abbott that mandates Texas colleges to punish antisemitic conduct up to expulsion. The order also requires the use of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, which is controversial because it classifies criticism of Israel as antisemitic.

If you are facing disciplinary action by your university for exercising your freedom of speech rights, you should have an experienced student defense lawyer from the Lento Law Firm Student Defense Team by your side. A lack of due process can make disciplinary proceedings unfair to students, and we can help you understand your rights and present the strongest defense possible. Call us at 888-535-3686 or fill out our confidential online form to discuss your situation.

The Texas Colleges Case

The student groups sued the Texas colleges, alleging that university restrictions infringe on their First Amendment freedom of speech rights and also that enforcement of the order—which included one group's suspension—“chilled” their free speech.

U.S. District Judge Robert Pitman sided with the student groups, ruling that they are “likely to succeed” in proving that the executive order violates free speech protections. He dismissed some of the defendants, including Governor Abbott, but he did not issue a temporary injunction that would have stopped enforcement of the executive order while the case is pending.

Students' Right to Free Speech

Your right to protest and exercise free speech on campus is guaranteed by the First Amendment, so long as you don't interfere with the school's ability to function. Colleges can punish conduct that disrupts the learning environment, but what a school deems “disruptive” isn't always clear, and they may also bring disciplinary charges for other vague violations of campus policies as well. What is absolutely clear, though, is that you cannot be punished for simply taking a position on an issue that the administration doesn't like.

For instance, if your expression of free speech disrupts class, your university may choose to bring disciplinary action against you with potential penalties, including suspension or expulsion. A school cannot, however, discipline students on one side of an issue for expressing their position but not take any action against those on the other side.

Defending Student Free Speech

While you always have the right to exercise free speech, there are some limits that could lead to disciplinary action at your college. Because university policies can be complicated to understand—and are not always applied according to the law—you may find yourself facing disciplinary charges that should have never been brought against you.

The Lento Law Firm Student Defense Team can help if you feel like you have been unjustly disciplined for exercising your free speech on campus. We have extensive experience helping students like you defend their fundamental rights. Give us a call at 888-535-3686 or fill out our confidential online form, and we'll be in touch.