University of Texas Beats Campus Speech Lawsuit

An organization that promotes free speech on college campuses can’t sue the University of Texas at Austin, a federal district court ruled June 4.

The lawsuit contends that three anonymous students wish to express unpopular views on issues as illegal immigration, affirmative action, the nuclear family, and the #MeToo Movement, but fear that their actions will lead to investigation or discipline.

Speech First, a nonprofit organization that has filed similar cases against other schools, alleged that the university “created a series of speech codes with numerous vague and overbroad prohibitions on student speech,” which violated the First and 14th Amendments.

But Speech First presented no evidence that students had been disciplined, investigated or sanctioned for their speech, the U.S. District Court for the Western District of Texas held in a decision by Judge Lee Yeakel.

The court denied Speech First’s request for a preliminary injunction against the policies, and dismissed its claims for lack of standing.

The lawsuit alleged that students had censored themselves because of the school’s policies.

But self-censorship isn’t enough to sue “without any evidence of a credible threat of enforcement of the challenged policies,” the court held.

Speech First President and Founder Nicole Neily responded to the ruling.

“Speech First continues to believe that the University’s policies chill protected expression in violation of the First Amendment. We look forward to the next phase of the case before the U.S. Court of Appeals for the Fifth Circuit,” she said.

School spokesperson J.B. Bird said that free speech “is essential for The University of Texas at Austin to carry out its mission as an institution of higher education, and the university is proud of its work protecting the free speech rights of all members of its community,” in an email.

“While we agree with the judge’s decision, we acknowledge a shared dedication with the plaintiffs to the importance of free speech on university campuses,” Bird said. “UT will continue to do all it can to support freedom of expression.”

The case is Speech First, Inc. v. Fenves, W.D. Tex., No. 1:18-cv-01078-LY, 6/4/19.