Here's what the law says about protesting on college Texas campuses

[LeftInTX]

https://thumbnails.texastribune.org/5A1E-LllpJVHZV5xTYSSM_P4R7M=/850x570/smart/filters:format(webp):quality(75)/

Here's what the law says about protesting on college Texas campuses

snips for emphasis:

Gov. Greg Abbott cheered the arrests and called for the students to be expelled. Some UT students, professors and free speech advocates criticized the university and law enforcement response, calling it "disproportionate" and an "attack on students".

Free speech experts and advocates say students can generally peacefully protest, regardless of their viewpoint. However, colleges and authorities may still enforce some restrictions and criminal laws to maintain peace and order.

Protections for free speech are broad and can include controversial viewpoints, but they do not extend to the following:

True threats to harm another person
Inciting of imminent violence or destruction of public property
Unlawful conduct, including civil disobedience like sit-ins or traffic blockades

But these rights are not without limitations. Government entities and colleges can enact “reasonable time, place, and manner” restrictions or regulations as long as they are applied neutrally and don’t discriminate against particular groups or viewpoints. Some colleges have tried to limit protests to smaller, designated “free speech zones,” but the law has often backed up students peacefully protesting outdoors in open, public areas of campus, according to the Foundation for Individual Rights and Expression.


https://www.texastribune.org/2024/04/24/protest-texas-college-campus-free-speech-rights/

[ripcord]

1. Many places have tbos sane rules and laws

The right to protest isn't absolute.

[LeftInTX]

2. I found the article informative. It pretty much applies to public universities in all 50 states.

The law enforcement response yesterday was extremely over the top.

The university could have required the event end by 5 pm.

The response was so over the top that it just looked like a gathering of students being attacked by LE.

Even conservatives are mad at Abbott about yesterday:

Texas Gov. Abbott faces backlash after mass arrest at UT Austin pro-Palestine protest

Similar criticism came from libertarian and right-wing groups that previously supported Abbott’s campaign against diversity, equity and inclusion (DEI) programs — which the state government had called anti-free speech.

“Sending in a phalanx of law enforcement threatens protected speech where it should be at its most free: a public university like UT Austin,” Foundation for Individual Rights and Expression (FIRE) legal director Will Creeley wrote after the arrests.

FIRE, a longtime critic of DEI, said Abbott’s use of police to break up the demonstration “makes his disregard for the First Amendment’s protection of political speech clear.”

The crackdown followed Abbott’s controversial March executive order that critics characterized as a reversal of sweeping free-speech protections he signed into law in 2019.

https://thehill.com/homenews/state-watch/4620838-texas-governor-abbott-backlash-mass-arrest-ut-austin-pro-palestine-protest/https://thehill.com/homenews/state-watch/4620838-texas-governor-abbott-backlash-mass-arrest-ut-austin-pro-palestine-protest/

[ripcord]

3. Universities are pretty good about allowing protests

What they don't allow, and shouldn't, are disruptions.

[LeftInTX]

8. UT wrote a letter saying they could not have their event because they declared it would be an "occupation"

The University could have told them to end the event at 5 pm.

[ripcord]

9. And they were specifically told no tents

[LeftInTX]

15. I see nothing about tents in their orders. Texas also allows outside groups on campuses.

Notice to protesters from the organizers. They say they're gonna occupy, but there is no definition of occupy.

Link to tweet

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Statement from UT. Reference to other protests. Won't allow event because of protests at other campuses in the US

(How I interpret this: "Let's not be like blue states. Give the protesters hell. Let's show a force and put them in their place before it starts" )

Link to tweet

/photo/1


“
@UTAustin
will not allow this campus to be ‘taken’ and protesters to derail our mission in ways that groups affiliated with your national organization have accomplished elsewhere.”

Link to tweet

/photo/1

Link to tweet

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Link to tweet

/photo/1

Today:
The American Association of University Professors announces a statement of no confidence in UT President Jay Hartzell.
“Faculty demand that criminal charges against students and others be dropped”
“End Hamas Now” in the background from a group of Jewish counterprotesters

Link to tweet

It's kinda hard to follow everything on twitter.

[walkingman]

10. Define disruptions?

Civil disobedience is both a political tactic and the basis of movements that advocate social change. It is a nonviolent action engaged in by an individual who refuses to obey a law for moral or philosophical reasons.

The problem I see is UT administration bowed to our asshole Governor who just loves to make criminal anyone or anything that goes against his ideology.

[ripcord]

12. Civil disobedience means they are willing to break the laws or the rules to get your point across

It doesn't mean there are no consequences for those actions.

[walkingman]

16. Hopefully the consequences will be we get rid of Gov. Greg Abbott

when he is up for election. The problem is that his actions seem to be popular for the majority of Texans.

He is Trump in a wheelchair.

[Nevilledog]

4. 6 months ago

Link to tweet

steven monacelli
@stevanzetti
·
Follow
UT Austin published this video for Free Speech Week 6 mos ago.

Q: Why can members of the public come to campus at any time and engage in demonstrations

A: State law in Texas allows members of the public...to come onto campus and use our common outdoor areas for speech activity


8:47 PM · Apr 24, 2024

[Nevilledog]

14. More context

Link to tweet

steven monacelli
@stevanzetti
·
Follow
NEW: UT Austin released "protest rules" that say "individuals may not come to campus without authorization," which is in direct contradiction to a video they published 6 months ago that says members of the public can "come to campus at any time and engage in demonstrations."
Image
Image
11:49 AM · Apr 25, 2024
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[walkingman]

5. So instead of allowing students to hold a peaceful protest - Gov Dickless turned

the campus into a militarized zone. And of course the "conservative" assholes around Texas say just fire the facualty that support this and expel the students.

Of course we can count on Texas to show leadership any time there is controversy - it is in their DNA.

[LeftInTX]

6. The University didn't allow it, but should have. The rest is all true.

[ripcord]

7. As soon as they started setting up tents they were in violation

They were expressly told they couldn't set up a tents or any form of encampment.

[LeftInTX]

11. I saw two camping tents and a few pop ups.

I know they said no encampment, but the response was extremely heavy handed. UT police could have dealt with it. If they couldn't then call in state troopers. They called in state troopers before the event even started.

[ripcord]

13. They were told no tents, it isn't like it is a difficult request to honor

Personally I would be fine with them protesting but would shut them down hard at the first incidence of anti-semitism.

[LeftInTX]

17. They didn't get a chance to be Anti-semitic.

I can't find a "no-tent" order. Just references to "other campuses"

[SARose]

18. Freedom of speech expression, and assembly UT Catalog 2023/2024

University Catalogs

The catalog of the University is the document of authority for all students
2023/2024

Snip

Subchapter 13–100. Governing Principles
Sec. 13–101. Freedom of Speech, Expression, and Assembly

The freedoms of speech, expression, and assembly are fundamental rights of all persons and are central to the mission of the University. In accordance with this Chapter, students, faculty members, staff members, and Members of the Public have the right to assemble, to speak, and to attempt to attract the attention of others, and corresponding rights to hear the speech of others when they choose to listen, and to ignore the speech of others when they choose not to listen.

Snip

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