As the last agenda item at the Austin Community College's board meeting last month, board members approved updates to the college's free speech policies in accordance with Gov. Greg Abbott ’s executive order calling for more protections against antisemitism.
Abbott's March 27 order mandates all public universities and colleges to better protect against rising antisemitism on campuses by adopting Texas’s definition of the term and “review and update free speech policies” to protect against anti-Jewish acts. He added that colleges must ensure “that groups such as the Palestine Solidarity Committee and Students for Justice in Palestine are disciplined for violating these policies.”
Islamophobia ― which has also been rising since Oct. 7 when a deadly attack by Hamas, the militant group that governs the Gaza Strip, against Israel ignited the ongoing war in Gaza ― was notably left out of Abbott's order calling for better free speech protections on college campuses.
In case you missed it: Analysis: UT increases limits on free speech after pro-Palestinian protests, Abbott order
The governor's order preceded the pro-Palestinian protests and encampments on college campuses across the nation and in Texas that resulted in widespread arrests, including at the University of Texas, the University of Houston and the University of Texas at Dallas. Abbott's 90-day deadline for free speech policy changes came in June.
As the American-Statesman previously reported , UT-Austin changed its policies to seemingly give more weight to its institutional rules and explicitly state that non-UT police can in some cases help enforce the school's rules.
A Statesman review of free speech policies at ACC and six Texas universities found some institutions have added additional speech limitations as they updated their policies.
Austin Community College
At ACC, board members’ policy updates complied with Abbott's order but also added definitions and explicit protections against speech that is Islamophobic, racist or homophobic, defining each term to protect those targeted by such speech.
The board deliberated about the policies in executive session, but meeting minutes show members asked “to expand the scope of the defined protected classifications.” ACC was the only higher education institution that the Statesman analyzed that added those additional protections.
“The college firmly supports the rights of every individual and campus group to voice their opinions,” the college said in a statement to the Statesman. “Student organizations representing diverse viewpoints are empowered and encouraged to pursue efforts to learn through active engagement.”
Board members also added a new Freedom from Discrimination, Harassment and Retaliation policy , cited in the rules relating to free speech of employees, students and community members.
The updated individual policies state that speech that violates the rights of these groups to be free of discrimination is prohibited, as is conduct that “violates the standards and conditions set forth in this policy and College administrative rules.”
In its statement to the Statesman, ACC said disruptions that interfere with “other individuals’ educational pursuits” or the college’s mission won’t be allowed.
Notably, ACC also added a rule specifying: “No tents, canopies, shade covers, or other structures may be erected on College District property (including but not limited to outdoor common areas) without prior approval of the Chancellor or designee.” Tents were a common element of national pro-Palestinian protests in April that resulted in mass arrests, including at UT.
The college said in its statement that ACC has “never allowed unauthorized tents,” and the July action “memorialized this practice into policy.”
ACC also expanded rules that apply to distribution of materials for ACC employees and students to also include expressive activity.
“Because the College’s free speech policies had not been formally reviewed since April of 2021, the governor’s Executive Order presented an opportunity to do a thorough review and updating of the policies involved,” the action item in the board's agenda stated. “As a result, there are number of revisions to the three main policies.”
Texas State University
Texas State University, the San Marcos-based flagship institution of the Texas State University System, in complying with the governor’s order, combined four of its previous policies into a new one .
"The process of consolidating the four previous policies into one policy started prior to the Governor’s Executive Order and was done to make the information more user-friendly and easier to find," said Mike Wintemute, vice chancellor for marketing and communications. "It’s my understanding that no substantive changes were made relative to the EO."
Like ACC, in addition to adding the definition of antisemitism, the policy defined camping and said it is prohibited without prior approval. Wintemute said that Texas State's approach to free speech has not changed and that it is committed to safeguard all legally protected speech.
“All Texas State community members and affiliates share responsibility to maintain an atmosphere conducive to scholarly, creative, and educational pursuits; to preserve the dignity and seriousness of university ceremonies; and to respect the rights of all individual,” the school's new policy states. “Persons who choose to engage in expressive activities and participants who observe activities must follow this policy.”
Texas A&M University
Texas A&M, the College Station-based flagship university of the Texas A&M University System, revised its policy June 25.
The university, with its enrollment of 75,000, added the definition for antisemitism as well as for “illegal harassment,” “inciting or producing imminent lawless action” and “true threats.” Kelly Brown, Texas A&M associate vice president of the Division of Marketing and Communications, said these definitions were drawn from court opinions.
The university also added more notes under a rule that the school “may not take action against a student organization” based on its content, stating that the university may take action when the expression is not protected by the First Amendment or when it violates university rules, such as disruption or safety.
It also added that the A&M System’s Civil Rights Compliance policy guides how the university will review discrimination and harassment on protected characteristics, including religion.
Brown said the changes were made only in accordance with the governor’s executive order, and that the university “encourages the free exchange of ideas.”
“The university will protect the rights of freedom of speech, expression, petition and peaceful assembly as set forth in the U.S. Constitution and Texas state law,” Brown wrote. “Meanwhile, Texas A&M will maintain its right to regulate reasonable time, place and manner restrictions concerning acts of expression and dissent.”
University of Houston
The University of Houston revised its policy May 30. Similar to Texas A&M, Kevin Quinn, UH executive director of media relations, said in a statement that the university did not make any other changes to its policy except to add the governor’s definition of antisemitism.
“The University recognizes and supports the constitutional rights of free speech and peaceful assembly,” he wrote. “We encourage all who engage in expressive activity to do so safely and in a manner that respects the rights of others with differing opinions."
The UH System’s Anti-Discrimination Policy, cited in the school's free speech policy, protects religion and national origin as well, he added.
“We have met with the Students for Justice in Palestine as well as representatives of our Jewish students and reiterated our commitment to freedom of expression,” Quinn added. “Our policies are uniformly applied across all situations and individuals without regard to the viewpoints of any specific group.”
The only other change is under outdoor spaces that can be used for expressive activity — the student center's southeast entrance is now not listed and instead the north lawn by the center has been put forth in its place. Butler Plaza, where students formed an encampment and two students were arrested, is still listed as a space for expressive activity.
UT-San Antonio
UT-San Antonio updated its policy June 6. Earlier this spring, the university faced scrutiny after a staff member was caught on video telling student protesters that chanting “from the river to the sea” — a phrase some interpret as a call for the removal of Jews from Israel and thus antisemitic, but others deem a call for freedom for all — would result in police removing them from campus after being warned to stop.
The phrase is not specifically listed in its free speech policies as being antisemitic. UT-San Antonio did not respond to Statesman requests for comment.
In addition to adopting the governor’s definition of antisemitism, the school's policy now states, “UTSA prohibits unlawful discrimination regardless of where it occurs if it impacts the educational or employment environment for any member of the university community.”
The policy also adds that “incitement of imminent violation of law,” harassment, disruption or violating policy because of antisemitism or “the offender’s bias or prejudice” against a protected group can be disciplined up to expulsion or termination and student groups who participate in such actions can lose their status.
UTSA, similar to UT, said that authorized employees can “prevent imminently threatened violations” through a variety of means, including “arrest of violators.” UTSA did not specify this had to be university police.
UTSA also gives discretion to the school's chief of policy, or others as decided by the president, to determine necessary law enforcement but said “such discretion shall be exercised without regard to the viewpoint of any speaker.” This rule was present before and after the protests and executive order.
Texas Tech University
Texas Tech University said those who violate institutional rules or “other applicable laws, rules and regulations” can be subject to discipline, including expulsion or termination — similar to UT-San Antonio’s wording.
The university did not make many other changes, besides including the definition of antisemitism as defined by the governor.
“Texas Tech University has made only the modifications required by the executive order,” Allison Hirth, assistant vice president of marketing and communications, said in an email in response to the Statesman.
This article originally appeared on Austin American-Statesman: After Abbot's order, protests, here’s what college free speech policies in Texas look like
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