On-Campus Free Speech

The 89th Texas Legislature passed Senate Bill 2972, which guarantees that members of the University community are free to engage in expressive speech on public university campuses but allows the University to establish restrictions on unaffiliated individuals ability to engage in these same activities. It also contains various requirements and prohibitions related to expressive activities on campuses. The main effect of the new law is to allow each institution to adopt a policy establishes any restrictions on unaffiliated members of the public and their access to campus to engage in  that regulates the time, place and manner of free speech activities—so long as these rules are content-neutral and applied regardless of a speaker’s viewpoint. At TWU we have adopted a “limited public forum” restricting free speech and expressive activities to individuals with a formal affiliation to our campus. 

As a result of the new state law TWU has adopted a policy that converts the university’s outdoor common area to limited public forums and allows only University Members (students, faculty and staff) to exercise free speech there, as long as their activities are within the limits established by the policy.  Not all outdoor spaces on campus are part of the outdoor common area and University members with reservations will have priority of space utilization. The University has defined all restrictions in its URP. 

TWU’s institutionally controlled streets, sidewalks, green space, and similar outdoor areas that are freely accessible to the TWU community and the public. These areas are not used for dedicated TWU business or an event, an educational function, or a research function on a permanent basis. They do not include the outside surfaces of a TWU building, surfaces associated with or connected to a TWU building, a TWU structure, spaces dedicated to temporary outdoor banners, spaces dedicated to temporary outdoor exhibits, or any other space within TWU’s campus. Outdoor common areas are designated by institutional policy as “limited public forums” and available for free speech and expressive activities of our University members. Outdoor common areas are defined below:

A University member (student, faculty or staff) does not need a reservation for the exercise of expressive activities in the outdoor common area, and spontaneous expressive activity may occur in areas that are not in use. However, once a University Member does reserve a certain space in the outdoor common area for expressive activities, it is not available for another person or group’s use or reservation at that time. In addition, when outdoor space is being used, even on a temporary basis, for university business or events, an educational or research function, it is not part of the outdoor common area available for use for others’ expressive activities. Outdoor common areas are defined below:

Section 51.9315 of the Texas Education Code (“Section 51.9315”) prohibits students, registered student organizations and faculty from unduly interfering with the expressive activities of other University Members on campus. Freedom of speech means that all views have a place for expression—even those that others may find offensive, hurtful or wrong. TWU community members who hear words they don’t like are free to offer their own words in response, but they must always respect the rights of all speakers to share their views. The university has identified some restrictions intended to protect the health and safety of all persons on TWU campus, to maintain the free flow of pedestrian traffic in and out of TWU buildings and to further the educational mission of TWU. See the policy for more details.