In a significant victory for civil liberties advocates, a federal judge has temporarily blocked key provisions of a Texas state law that placed sweeping restrictions on student protests and expressive activities at public universities. U.S. District Judge David A. Ezra issued a preliminary injunction against Senate Bill 2972, also known as the “Campus Protection Act,” finding that its limitations likely violate students’ First Amendment rights and could cause irreparable harm.
The ruling comes as trending news across Texas, halting enforcement of a law that, among other measures, banned “expressive activities” on public university campuses between 10 p.m. and 8 a.m.. This decision is being hailed as a critical defense of free speech on college campuses in the state.
The Law Under Fire: What SB 2972 Restricted
Senate Bill 2972, passed during the 2025 legislative session, introduced a series of restrictions on how students and others could express themselves on public university grounds. Authored by State Sen. Brandon Creighton, the bill defined “expressive activities” broadly to include “any speech or expressive conduct protected by the First Amendment”.
Key provisions that have now been temporarily blocked include:
* Overnight Ban: A prohibition on all “expressive activities” from 10 p.m. to 8 a.m..
* End-of-Semester Restrictions: Limitations on speakers, amplified sound, and drums during the last two weeks of each academic term.
* Other Prohibitions: The law also included bans on wearing disguises during protests, altering official flags, and erecting encampments or “living accommodations”.
Critics argued that the broad language of SB 2972 could stifle legitimate forms of expression, including religious gatherings, student journalism, music performances, and even casual late-night discussions among students. The law effectively rolled back aspects of a 2019 statute that had reinforced First Amendment protections by designating most outdoor campus areas as public forums.
Legal Challenge: Students and FIRE Fight for Free Speech
The lawsuit challenging SB 2972 was filed by the Foundation for Individual Rights and Expression (FIRE) on behalf of several University of Texas system student groups. These groups, including student newspapers, religious organizations, and political advocacy clubs, argued that the law violated their First and Fourteenth Amendment rights by imposing an unconstitutional ban on a “staggering amount” of protected speech.
FIRE attorneys contended that the law was overly broad and vague, giving university administrators excessive power to censor unpopular or disfavored speech. “The First Amendment doesn’t set when the sun goes down,” stated FIRE’s senior supervising attorney, JT Morris, in reference to the overnight ban. The legal team argued that students possess expressive freedom regardless of the hour and that Texas could not legislate these constitutional protections out of existence.
Judge Ezra’s Ruling: “The First Amendment Does Not Have a Bedtime”
In his preliminary injunction, U.S. District Judge David A. Ezra of the Western District of Texas echoed these concerns, stating, “The First Amendment does not have a bedtime of 10 p.m.”. Judge Ezra, a Reagan appointee, found that the plaintiffs were likely to succeed in their claim that SB 2972 infringes upon their First Amendment rights.
The judge pointed out that the law compelled universities to adopt policies that contradicted constitutional protections, and that the court “cannot trust the universities to enforce their policies in a constitutional way” while students faced “uncertainty, chilling their speech for fear that their expressive conduct may violate the law or university policies”. The ruling specifically blocked the overnight ban on expressive activities and restrictions on outside speakers, finding these provisions likely unconstitutional.
Context: From Protests to Legislation
Senate Bill 2972 emerged in the wake of widespread pro-Palestinian protests that occurred on college campuses across the nation, including in Texas, following the October 7, 2023, attacks on Israel and the subsequent Israeli military operations in Gaza. Supporters of the law, primarily Republicans, argued that it was necessary to prevent the disruptions and alleged unsafe behaviors witnessed during some of these demonstrations. Governor Greg Abbott had previously characterized some protests as “hate-filled” and “anti-Semitic”.
However, critics countered that the law represented a significant overreach and contradicted previous bipartisan efforts to protect free speech on Texas campuses. The ACLU of Texas also warned that the bill imposed broad restrictions that could undermine the First Amendment rights of students, faculty, staff, and the general public.
Implications and The Road Ahead
This preliminary injunction represents a significant, albeit temporary, victory for free speech advocates and students in Texas. It ensures that for the time being, students can continue to exercise their rights to protest and express themselves on campus outside of the restrictive hours and conditions initially imposed by SB 2972.
The ruling highlights the ongoing tension between campus safety, order, and the fundamental right to free expression. While the judge found the plaintiffs likely to succeed, the legal battle over SB 2972 is far from over. State Sen. Brandon Creighton, the bill’s author, has expressed confidence that the law will ultimately be upheld, suggesting an appeal is likely. The case underscores the continuing debate surrounding the boundaries of protected speech in higher education institutions.
As this legal challenge progresses, the top concern for many remains the preservation of open discourse and the unfettered exchange of ideas on Texas university campuses. The outcome of this case could have far-reaching implications for student activism and free speech rights nationwide.
