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 case goes on. Speech First argued that the university built a system to suppress, punish, and discourage speech other students consider “offensive,” “biased,” “intimidating,” “uncivil,” or “rude.” The motion challenged:
- Vague speech bans. The university’s ban on “verbal harassment” covered “offensive” speech, including “insults, epithets, ridicule, [and] personal attacks” based on someone’s “ideology, political views, or political affiliation.” Its computer use policy banned “uncivil” or “rude” messages, and its residence hall rules banned “harassment” defined to include “racism, sexism, heterosexism, cissexism, ageism, ableism, and any other force that seeks to suppress another individual or group of individuals.”
- The Campus Climate Response Team. This team of senior administrators investigates “bias incidents,” which the university said could include speech someone sees as “offensive,” “insulting,” or “insensitive.” Accused students could face anything from “diversity training and education” to formal discipline.
Speech First argued that these rules prohibit large amounts of protected speech, give students no clear guidance, and chill open discussion on campus.
Read the full motion below:
