Enacted Campus Free Speech Statutes – Texas

In 2019, Texas enacted SB 18, now Tex. Educ. Code § 51.9315. In 2025, Texas seriously weakened much of this law by enacting SB 2972, which amended Tex. Educ. Code § 51.9315 and § 61.003.

SB 18 Summary

SB 18 prohibits public institutions of higher education from quarantining expressive activities in the open outdoor areas of campus to misleadingly labeled “free speech zones,”; prohibits institutions from assessing fees on events, unless those fees are set using only content-neutral and viewpoint-neutral criteria; and protects student organizations from content or viewpoint based discrimination.

Key Provisions

• Prohibits the use of “free speech zones”;
• Requires institutions to use content neutral criteria for assessing fees on events; and
• Prohibits institutions from taking any adverse action against belief-based student organizations, including denial of recognition or benefits on the basis of a political, religious, philosophical, ideological, or academic viewpoint expressed by the organization.

FIRE Commentary

Texas becomes 17th state to enact campus free speech legislation

SB 2972 Summary

SB 2972 imposes harsh restrictions on expressive activities at public institutions of higher education, unfortunately rolling back much of the progress made in SB 18. FIRE is currently challenging SB 2972 as violative of the First Amendment.

Key Provisions

• Imposes a blanket ban on expressive activities between 10:00 p.m. and 8:00 a.m. — a restriction defined so broadly that it would prohibit everything from a silent memorial to wearing a political t-shirt.
• Completely bars inviting speakers to campus and using sound amplification devices during the last two weeks of the semester.
• Removes the requirement that institutions designate open outdoor areas as traditional public forums, despite longstanding judicial precedent affirming their public forum status.

FIRE Commentary

LAWSUIT: Texas bans the First Amendment at public universities after dark