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 Fourteenth Amendments.
The lawsuit challenges two kinds of university policies:
• Vague and overly broad speech codes. The university’s ban on “verbal harassment” covered “offensive” speech, including “insults, epithets, ridicule, [and] personal attacks” based on a person’s “ideology, political views, or political affiliation.” Its computer and email policy banned communications that are “uncivil,” “rude,” or “harassing.” Its Residence Hall Manual defined “harassment” to include “racism, sexism, heterosexism, cissexism, ageism, ableism, and any other force that seeks to suppress another.” Students faced investigation and discipline under these rules without clear guidance on how to follow them.
• The Campus Climate Response Team. This team of senior administrators investigated “bias incidents,” which the university defined broadly enough to cover speech someone sees as “offensive,” “insulting,” “insensitive,” or “derogatory.” Students accused of bias incidents risked sanctions ranging from “diversity training and education” to formal discipline.
Speech First asks the court to declare these policies unconstitutional and to block the university from enforcing them or using the Campus Climate Response Team to investigate or punish students for protected speech.
Read the full complaint below:
