University of Texas Protected Speech Ban Blocked, Court Rules

University of Texas campuses in Austin and Dallas can’t ban students from participating in protected forms of expression at night or at the end of an academic term, a federal judge said.

Every provision of a state law the universities implemented to curb campus protests is likely unconstitutional, Western District of Texas Judge David Ezra wrote in the Tuesday opinion.

“The First Amendment does not have a bedtime of 10:00 p.m,” Ezra wrote. “The burden is on the government to prove that its actions are narrowly tailored to achieve a compelling governmental interest. It has not done so.”

The law, which went into effect Sept. 1, requires universities to adopt policies prohibiting expressive activities from 10 p.m. to 8 a.m. The GOP-controlled legislature passed it in response to disruptive campus protests favoring Palestine in the Israel conflict. The restrictions tighten in the final two weeks of an academic term, with bans on drums, invited speakers, and amplified sound.

Ezra signaled that he’d grant an injunction in court on Oct. 2, saying “this is a very vexing statute to say the least.”

In the opinion, Ezra raised skepticism that the state passed the statute to prevent disruption and ensure community safety. If that were true, he wrote, the law could’ve banned “gatherings that produce a certain decibel of noise” rather than all expressive activities.

Additionally, the ban wouldn’t be needed because disruptive conduct is already outlawed under city ordinances and campus policies, he said.

His decision sides with student groups at the two campuses who said the ban restricts their participation in discussions on faith and politics. The Retrograde, a student newspaper at the Dallas campus, says it no longer would be able to prepare or publish articles after 10 p.m.

The statute contradicts itself, Ezra indicated, by instructing universities to uphold the First Amendment but also requiring that they “adopt policies that violate those very constitutional protections.”

The students are represented by Foundation for Individuals Rights and Expression. Several university defendants are represented by the state attorney general’s office.

The case is Fellowship of Christian Univ. Students at the Univ. of Texas at Dallas v. Eltife, W.D. Tex., No. 1:25-cv-01411, 10/15/25.