Texas college speech restrictions face First Amendment test in 5th Circuit
The U.S. Court of Appeals for the 5th Circuit will review whether Texas' Campus Protection Act, which limits protests on public campuses at night and during finals, violates the First Amendment.
In response to 2024 pro-Palestinian demonstrations, Texas passed Senate Bill 2972, known as the Campus Protection Act, which requires public universities to prohibit nighttime protests and amplified noise during the final two weeks of a semester. The law took effect on Sept. 1, 2025, and was promptly sued by student groups at the University of Texas at Austin and UT-Dallas, who claim the restrictions could silence ordinary speech such as late-night journalism or religious worship.
U.S. District Judge David Alan Ezra issued a temporary injunction on Oct. 14, 2025, finding the plaintiffs likely to succeed on First Amendment grounds. The Texas Solicitor General William Peterson and Assistant Solicitor General Daniel Ortner appealed, arguing the statute does not ban speech outright and that colleges retain discretion in enforcement. The students, represented by the Foundation for Individual Rights and Expression, argue the law leaves little room for discretion and discriminates by exempting commercial speech. The 5th Circuit will decide whether the statute is unconstitutional.
Why it matters
The case could reshape how states regulate student expression on public campuses across the U.S.
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