Plano, TX- The Federal District Court declared Texas Tech University’s speech code unconstitutional, saying that it was a violation of free speech under the law.
Liberty Legal Institute and Alliance Defense Fund filed a lawsuit (Jason W. Roberts v. Donald R. Haragan et al.) on behalf of student Jason Roberts against Texas Tech in June 2003 when the university failed to make the necessary changes to the speech code.
The current Texas Tech speech code policy only permits free speech within several pre-selected locations on campus. In order to speak in these “free speech zones,” a student must obtain permission two days ahead of time and not say anything that could be interpreted as intimidating or insulting. Students must also obtain permission before handing out literature on campus.
Previously, the old policy stated that unregulated, free speech was only permitted in the “free speech gazebo” on campus that could only accommodate 40 of the 28,000 students at one time. Although Texas Tech officials changed the policy after Roberts was denied freedom of speech, the alterations did not meet the requirements under the law.
The Federal District Court struck down the speech code and ordered a “cease and desist” order, prohibiting school officials from enforcing the unconstitutional speech code policy.
“This is a strong victory. Of all the places where you should have free speech, it should be on a university campus. The fact that Texas Tech is still fighting this is disgraceful. Fortunately, the Federal District Court has put an end to this. Citizens don’t have to get government permission before they can speak,” said Kelly Shackelford, chief counsel of Liberty Legal Institute.