I remember when Greg Abbott said he was for free speech, but then issued an executive order
Texas Tribune to limit protests at public universities unless, apparently, those protests agreed with Greg Abbott. I am against anti-semitism, BUT I also am strongly against what the government of Israel under Netanyahu is going to the Palestines, it is genocide. If there are people in the United States that ALSO see this as genocide, as long as they aren’t, as per this article, threatening people, inciting violence or doing some unlawful conduct, THEY SHOULD BE ABLE TO DO PROTEST.
When is protesting considered free speech?
The right to protest is protected by the U.S. and Texas constitutions, according to the American Civil Liberties Union of Texas. Freedom of speech and assembly means people can engage in symbolic actions and can arrange peaceful marches and protests on certain public lands.
But these rights are not without limitations. Government entities and colleges can enact “reasonable time, place, and manner” restrictions or regulations as long as they are applied neutrally and don’t discriminate against particular groups or viewpoints. Some colleges have tried to limit protests to smaller, designated “free speech zones,” but the law has often backed up students peacefully protesting outdoors in open, public areas of campus, according to the Foundation for Individual Rights and Expression.
Protections for free speech are broad and can include offensive viewpoints, but they do not extend to the following:
- True threats to harm another person
- Inciting of imminent violence or destruction of public property
- Unlawful conduct, including civil disobedience like sit-ins or traffic blockades
These are narrow categories of unprotected speech that require an analysis of the facts in each specific case, said Will Creeley, the legal director for FIRE. But he noted that “violence is never protected, no matter who is committing the violence or however righteous one might think the violence is. It’s always a bad idea. It undermines the effectiveness of protests and it is against the law.”
Colleges may also have an obligation to intervene when speech violates federal anti-discrimination law, which prohibits discrimination based on race, color, national origin, or perceived religious or ethnic identity, but it takes a great deal to meet that requirement, Creeley said.
