Speech First, a nonprofit membership association that supports free speech on campus, has filed a lawsuit against the University of Texas over a policy that bans “rude” speech.
According to a release from Speech First, “more than 100 reports of alleged ‘expressions of bias’—through posters, fliers, social media, whiteboards, verbal comments, classroom behavior, etc.—have been investigated by the university’s bias response team since September 2017.”
Because of this Bias Response Team, members of Speech First have refrained from speaking on topics of immigration, identity politics, and abortion “because they fear their speech will be anonymously reported as derogatory, hostile, and/or offensive to university authorities through the Campus Climate Response Team,” explains Speech First.
The lawsuit also questions the suppression of speech that is classified as “offensive,” “biased,” or “uncivil” due to the university’s failure to narrowly define these subjective terms. Speech First references the university’s Acceptable Use Policy, the Residence Hall Manual, and the Campus Climate Response Team as problematic.
“Without a doubt, the University of Texas has failed to appropriately safeguard students’ First Amendment rights,” said Speech First President Nicole Neily. “Students deserve to be able to express themselves and voice their opinions without fear of investigation or punishment – which is why these policies must be reformed.”
A similar free speech case involving UT Austin and a pro-life group in 2004 rendered that the First Amendment does “not apply with less force” on campus than off. Speech First cites this 2004 ruling, later upheld by the 5th U.S. Circuit Court of Appeals, in their current suit.
