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Texas State University is sued over speech restrictions

Publicly funded universities are bound by The First Amendment.

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Free speech nonprofit Speech First has sued Texas State University over its “harassment” and computer policies, alleging they violate students’ First and Fourteenth Amendment rights.

We obtained a copy of the complaint for you here.

The university’s harassment policy bans “unwelcome verbal, written, graphic, or physical conduct” deemed “sufficiently severe or pervasive” targeted at people based on factors like sex, gender, and race.

The lawsuit argues that the policy chills the speech of students by discouraging them from “expressing views that are outside the mainstream about the political and social issues of the day.”

The computer policy bans students from using “informational resources” provided by the university to “affect the result of a local, state, or national election.”

The lawsuit argues that the policy bans students from using university email accounts to send political emails, and describes it as a “vague, content-based, and overbroad restriction of protected speech.”

The lawsuit claims that three students are suffering “concrete injuries” as a result of the harassment policy and they fear that the expression of their deeply held views is prohibited.

The students also cannot send political emails for fear of punishment, the lawsuit alleges.

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