Speech First v. Khator et al.

Case Details

Case Status

Won and Settled

Location

Houston, Texas

Date Filed

February 23rd, 2022

On February 23, 2022, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, sued the University of Houston (UH) and its officials in federal court. The lawsuit argued that UH’s “harassment” policy was far too broad and punished speech based on its content and viewpoint. The policy’s definition of “harassment” covered a wide range of protected speech, including “denigrating jokes” and “negative stereotyping,” and UH claimed the right to punish student speech on campus, off campus, or on social media.

Supreme Court precedent says colleges can restrict speech only when it is so “severe, pervasive, and objectively offensive” that it crosses the line into harassing conduct. The federal court in Houston granted Speech First’s request to block UH from enforcing its sweeping speech restrictions.

In June 2022, UH settled. It got rid of its “harassment” policy, agreed to adopt a new one that follows the Supreme Court’s standard, and agreed to pay Speech First $30,000 in fees.

“Universities must once again establish themselves as open forums where students can engage in debate and dialogue without fear of retribution. The University of Houston has a harassment policy that is so overbroad, students could be reported or disciplined for simply expressing their opinions.“

Cherise Trump, Executive Director, Speech First

Read the initial complaint below:



Latest Lawsuit Updates

Speech First v. Khator et al.; Settlement Agreement

On June 10, 2022, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, and the University of Houston (UH) agreed to settle and dismiss the lawsuit. Under the agreement, UH will not bring back the harassment policy Speech First challenged, will adopt an amended policy, and will […]

Speech First v. Khator et al.; Press Release on Settlement

On June 10, 2022, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, announced its settlement with the University of Houston (UH). The press release explains that UH eliminated its “harassment” policy, agreed to adopt a new policy that follows the standard the Supreme Court set for […]

Speech First v. Khator et al.; Press Release on Preliminary Injunction

On May 23, 2022, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, announced that it had won a preliminary injunction barring the University of Houston (UH) from enforcing its overbroad “harassment” policy. The press release explains that the policy reached protected speech such as “denigrating jokes” […]

Speech First v. Khator et al.; Decision on Preliminary Injunction

On May 19, 2022, the U.S. District Court for the Southern District of Texas granted Speech First’s motion for a preliminary injunction against the University of Houston (UH). The order blocks the university from enforcing its harassment policy while the case goes on. Read the full decision below:

Speech First v. Khator et al.; Reply in Support of Motion for Preliminary Injunction

On April 15, 2022, 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. District Court for the Southern District of Texas supporting its request to block the University of Houston (UH)’s harassment policy while the case goes on. Speech First […]

Speech First v. Khator et al.; Motion for Preliminary Injunction

On February 28, 2022, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, asked the U.S. District Court for the Southern District of Texas to block the University of Houston (UH) from enforcing its harassment policy while the case goes on. Speech First argued that the policy […]

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