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 entire case because the university promised it never applies its policies in ways that violate the First Amendment.
Speech First argued that courts cannot uphold unconstitutional rules just because the government promises to use them responsibly. It argued that it has standing to challenge the university’s speech codes, which arguably cover students’ protected speech, and its “bias incidents” policy, because the university’s Campus Climate Response Team chills students’ speech.
Read the full brief below:
