Texas House lawmakers have given initial approval to a bill, SB 2972, that would place restrictions on protests at public universities. Republicans backing the legislation argue it is necessary to prevent disruptions and unsafe behavior similar to last year’s pro-Palestinian demonstrations.

Conversely, critics contend that the bill undermines previous conservative commitments to free speech on Texas campuses and raises constitutional concerns.

The measure, which passed a preliminary House vote of 111-27, would authorize university system governing boards to designate permissible protest locations on campus. The bill specifies that during class hours, students and staff cannot use amplified sound devices if the intent is to intimidate or interfere with campus operations, university employees, or law enforcement. Furthermore, overnight protests within 300 feet of campus residences would be prohibited.

The proposed legislation also bars students from establishing encampments, replacing the U.S. flag with another nation’s or organization’s banner, and wearing disguises to conceal their identity or intimidate others during protests. Additionally, anyone participating in a campus protest would be required to present valid identification upon request by a university official.

Prior to a key legislative deadline, the House amended the bill, making it less restrictive than the version initially passed by the Senate. The Senate’s version had broadly prohibited overnight protesting and the wearing of masks or facial coverings, the latter being a concern for immunocompromised individuals. The amended bill now returns to the Senate, which must either concur with the House’s changes or request a conference committee to resolve the differences.

Tyler Coward, an attorney with the Foundation for Individual Rights and Expression, previously stated that a ban on overnight protests is likely unconstitutional and that the bill’s definitions of expressive activity were overly broad.

He suggested the original bill could be interpreted to require students to remove items like MAGA hats or Bernie Sanders shirts late at night due to their political nature. However, an amendment by Representative Chris Turner, a Democrat, in collaboration with Republican House Sponsor Jeff Leach, addressed these definitions.

A 2019 law currently requires Texas colleges and universities to ensure all outdoor common areas are available for protests, provided demonstrators do not violate the law or disrupt school activities. This earlier legislation followed incidents in 2017 where Texas A&M University canceled a white nationalist rally and Texas Southern University scrapped a speech by Representative Briscoe Cain, citing safety concerns and an unregistered student group organizer, respectively.

Senator Joan Huffman, who authored the 2019 law, voted in favor of the new protest restrictions, asserting that it complements the existing law by maintaining safe academic environments conducive to both open dialogue and learning.

During a public hearing in April, University of Texas at Austin students voiced opposition to the new bill. UT-Austin was the site of significant pro-Palestinian protests last year, resulting in over 100 arrests. Governor Greg Abbott and others praised the law enforcement response, citing concerns about rising antisemitism. Critics argued that the arrests infringed upon protesters’ free speech rights and that state leaders have improperly equated criticism of Israel with antisemitism.

A UT-Austin law student, Gwynn Marotta, expressed concern that the bill would further empower the university to restrict student speech, referencing the previous arrests.

The Senate passed the initial version of the legislation on May 14 by a vote of 21-10, without debate. Students were not given the opportunity to testify against the measure when the House Higher Education Committee held a last-minute meeting on May 19 and voted to send it to the full House. Caro Achar of the ACLU of Texas described this move as alarming and ironic, underscoring the importance of protecting the right to protest.

Concerns were also raised about the practicalities of enforcing the mask ban and the potential for police to make assumptions about protesters’ intentions. Legal precedents protecting anonymous speech, such as the Federalist Papers, were cited in this context.

Arizona has enacted a law banning overnight encampments on college campuses in response to last year’s pro-Palestinian demonstrations, and several universities, including Columbia, have implemented their own protest restrictions. Columbia’s mask ban followed demands from the Trump administration.