Speech First v. Fenves et al.

December 13, 2018 in Free Speech at University of Texas

Case Details

Case Status

Won and Settled

Location

Austin, Texas

Date Filed

December 13th, 2018

On May 8, 2018, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, sued the University of Michigan in the U.S. District Court for the Eastern District of Michigan. The suit argued that two parts of the university’s speech rules violated the First Amendment, which protects free speech:

  • Bans on “harassment” and “bullying.” The university defined harassment as “unwanted negative attention perceived as intimidating, demeaning, or bothersome.” Punishments could go as far as expulsion.
  • The Bias Response Team. Its members included campus police. The university told students that “the most important indication of bias is your own feelings.” Students reported for bias could face “restorative justice,” “individual education,” or “unconscious bias training.”

“By failing to define highly subjective terms such as ‘offensive,’ ‘biased,’ ‘uncivil,’ and ‘rude,’ the University of Texas has given itself broad discretion to determine which speech – and whose speech – violates their policies. Unfortunately, this fails to pass Constitutional muster.”

Nicole Neily

Read the full complaint below:

05-08-2018-Complaint-1 (1)Download

Latest Lawsuit Updates

Speech First v. Fenves et al.; Settlement Summary

In December 2020, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, settled its lawsuit against the University of Texas at Austin (UT) following its win in the Fifth Circuit. Under the settlement, UT removed or revised its challenged internet, residence hall, and verbal harassment rules and […]

December 22, 2020, Lawsuit: Speech First v. Fenves et al.

Speech First v. UT; University of Texas at Austin Decision

On October 28, 2020, the U.S. Court of Appeals for the Fifth Circuit ruled in Speech First v. Fenves. Speech First, a national membership group of students, alumni, and others that defends free speech on campus, sued the University of Texas at Austin in December 2018, challenging several university policies that regulate student speech. The […]

October 28, 2020, Lawsuit: Speech First v. Fenves et al.

Speech First V. University of Texas; Reply Brief of Appellant Speech First, INC.

On November 20, 2019, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, filed a reply brief in the U.S. Court of Appeals for the Fifth Circuit in Speech First v. Fenves, its challenge to the University of Texas at Austin’s speech policies. The university blames everyone […]

November 20, 2019, Lawsuit: Speech First v. Fenves et al.

SPEECH FIRST V. UNIVERSITY OF TEXAS; BRIEF OF AMICI CURIAE OF THE GOLDWATER INSTITUTE, CATO INSTITUTE, AND TEXAS PUBLIC POLICY FOUNDATION IN SUPPORT OF PLAINTIFF-APPELLANT

On August 16, 2019, the Goldwater Institute, the Cato Institute, and the Texas Public Policy Foundation filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Fifth Circuit supporting Speech First in its challenge to the University of Texas at Austin’s speech policies. The brief gathered examples from campuses […]

August 16, 2019, Lawsuit: Speech First v. Fenves et al.

SPEECH FIRST V. UNIVERSITY OF TEXAS; BRIEF FOR AMICUS CURIAE ALLIANCE DEFENDING FREEDOM IN SUPPORT OF PLAINTIFF-APPELLANT

On August 16, 2019, Alliance Defending Freedom filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Fifth Circuit supporting Speech First, a national membership group of students, alumni, and others that defends free speech on campus, in its challenge to the University of Texas at Austin’s speech policies. […]

August 16, 2019, Lawsuit: Speech First v. Fenves et al.

Speech First v. Fenves et al.; Amicus Brief of Pacific Legal Foundation

On August 16, 2019, Pacific Legal Foundation filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Fifth Circuit supporting Speech First’s appeal in its challenge to the University of Texas at Austin (UT)’s speech policies. The foundation argued that the First Amendment’s protections are especially important at public […]

August 16, 2019, Lawsuit: Speech First v. Fenves et al.

Speech First v. Fenves et al.; Amicus Brief of Southeastern Legal Foundation

On August 16, 2019, the Southeastern Legal Foundation (SLF) filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Fifth Circuit supporting Speech First’s appeal in its challenge to the University of Texas at Austin (UT)’s speech policies. SLF argued that UT uses speech codes to make discussions of […]

August 16, 2019, Lawsuit: Speech First v. Fenves et al.

Speech First v. Fenves et al.; Amicus Brief of the American Council of Trustees and Alumni and the Independent Women’s Forum

On August 16, 2019, the American Council of Trustees and Alumni (ACTA) and the Independent Women’s Forum (IWF) filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Fifth Circuit supporting Speech First’s appeal in its challenge to the University of Texas at Austin (UT)’s speech policies. The groups […]

August 16, 2019, Lawsuit: Speech First v. Fenves et al.

Speech First v. Fenves et al.; Amicus Brief of the Foundation for Individual Rights in Education

On August 16, 2019, the Foundation for Individual Rights in Education (FIRE) filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Fifth Circuit supporting Speech First’s appeal in its challenge to the University of Texas at Austin (UT)’s speech policies. FIRE argued that the district court wrongly dismissed […]

August 16, 2019, Lawsuit: Speech First v. Fenves et al.

Speech First V. University of Texas; Brief of Appellant Speech First

On August 9, 2019, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, filed its opening brief in the U.S. Court of Appeals for the Fifth Circuit in Speech First v. Fenves. The trial court had denied Speech First’s request for a preliminary injunction and dismissed the […]

August 9, 2019, Lawsuit: Speech First v. Fenves et al.

Speech First V. University of Texas; Memorandum Opinion and Order of Motion for Preliminary Injunction

On June 4, 2019, the U.S. District Court for the Western District of Texas denied the request for a preliminary injunction by Speech First, a national membership group of students, alumni, and others that defends free speech on campus, in Speech First v. Fenves. The court ruled that Speech First lacked “standing,” or the legal […]

June 4, 2019, Lawsuit: Speech First v. Fenves et al.

Speech First V. University of Texas; Plaintiff's Reply to Defendants' Response to Motion for Preliminary Injunction

In February 2019, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, filed a reply brief in Speech First v. Fenves in the U.S. District Court for the Western District of Texas. Speech First asked the court for a preliminary injunction, a court order that would block […]

February 5, 2019, Lawsuit: Speech First v. Fenves et al.

Speech First V. University of Texas; Declaration of Cameron T. Norris

On December 21, 2018, Cameron T. Norris, a lawyer representing Speech First, a national membership group of students, alumni, and others that defends free speech on campus, filed a sworn declaration in Speech First v. Fenves in the U.S. District Court for the Western District of Texas. The declaration attaches true copies of pages from […]

December 21, 2018, Lawsuit: Speech First v. Fenves et al.

Speech First V. University of Texas; Declaration of Nicole Neily

On December 21, 2018, Nicole Neily, then president of Speech First, filed a sworn declaration in Speech First v. Fenves in the U.S. District Court for the Western District of Texas. She explained that Speech First is a nationwide membership group of students, alumni, and others dedicated to protecting free speech and other civil rights, […]

December 21, 2018, Lawsuit: Speech First v. Fenves et al.

Speech First V. University of Texas; Plaintiff Motion for Preliminary Injunction

On December 21, 2018, Speech First, a national membership group that defends free speech on campus made up of students, alumni, and others, asked the U.S. District Court for the Western District of Texas for a preliminary injunction in Speech First v. Fenves. A preliminary injunction is a court order that blocks policies while a […]

December 21, 2018, Lawsuit: Speech First v. Fenves et al.

Speech First V. University of Texas; The University of Texas-Austin Complaint

In December 2018, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, sued University of Texas at Austin President Gregory Fenves and other university officials in the U.S. District Court for the Western District of Texas. The lawsuit claims the university’s speech rules violate the First and […]

December 13, 2018, Lawsuit: Speech First v. Fenves et al.

Speech First Files Federal Lawsuit Challenging Four University of Texas Policies that Chill Student Speech

“By failing to define highly subjective terms such as ‘offensive,’ ‘biased,’ ‘uncivil,’ and ‘rude,’ the University of Texas has given itself broad discretion to determine which speech – and whose speech – violates their policies. Unfortunately, this fails to pass Constitutional muster.”  – Nicole Neily, President and Founder of Speech First Austin, Tex. — Speech First, a […]

December 13, 2018, Lawsuit: Speech First v. Fenves et al.

Defend Education at Home

Get breaking investigative reports, legal updates, and practical toolkits to protect parental rights delivered straight to your inbox.

This field is for validation purposes and should be left unchanged.
Name(Required)

Follow Defending Ed

Follow Defending Ed on social media for real-time news, breaking investigative updates, and daily insights from the ground.