A federal appeals court heard arguments Tuesday over a Texas law requiring public colleges and universities to restrict protests and other expressive activity overnight and during the closing weeks of academic terms.
The U.S. Court of Appeals for the 5th Circuit is reviewing a preliminary injunction that blocks University of Texas System officials from enforcing key parts of Senate Bill 2972. The case could shape how public colleges across Texas regulate student speech, religious gatherings, journalism, political activity and campus demonstrations.
According to The Texas Tribune, a lawyer defending the state’s law acknowledged during Tuesday’s hearing that a campus policy banning all expressive activity overnight would be difficult to defend under the First Amendment. The state nevertheless argued that the students challenging the restrictions sued the wrong officials and should contest individual campus policies instead of the statute itself.
What the law requires
SB 2972, known by supporters as the Campus Protection Act, took effect Sept. 1, 2025. The enrolled bill text directs Texas public higher-education institutions to prohibit expressive activities on campus from 10 p.m. to 8 a.m.
It also requires campus policies to bar invited speakers, amplified sound and drums or other percussion during the final two weeks of a semester or term. Other provisions address tents, identity-concealing disguises and the removal of U.S. or Texas flags from campus flagpoles.
The statute also says that nothing in it should be interpreted to infringe on rights protected by the First Amendment or the Texas Constitution. State attorneys contend that universities can apply the requirements in ways that protect speech while preventing disruptions to classes, studying and sleep.
Students argue the restrictions are too broad
Students and organizations at UT-Austin and UT-Dallas sued in September 2025. Their coalition includes a student newspaper, a Christian ministry, political groups and student musicians, according to the Foundation for Individual Rights and Expression, which represents them.
The challengers argue that the law reaches far beyond disruptive protests. They say its language could cover a student journalist publishing from a dorm room after 10 p.m., a quiet late-night religious gathering or a music group performing during the final weeks of a term.
A federal district judge in Austin temporarily blocked the challenged provisions in October 2025, finding that the students were likely to succeed on their First Amendment claims. UT System officials appealed that order.
During Tuesday’s hearing, Assistant Solicitor General Daniel Ortner argued that SB 2972 directs colleges to adopt policies but does not itself discipline students. Adam Steinbaugh, an attorney for the students, responded that the distinction has little practical effect because the law says institutions “shall” adopt the restrictions.
The appeals court did not issue a ruling Tuesday. Its decision will determine whether the injunction remains in place while the broader constitutional challenge continues.
