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Amicus brief filed in support of Speech First, argues that UT-Austin's politics have chilling effect on the free exchange of ideas

SOUTHEAST TEXAS RECORD

Monday, November 25, 2024

Amicus brief filed in support of Speech First, argues that UT-Austin's politics have chilling effect on the free exchange of ideas

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WASHINGTON -- Independent Women’s Forum has joined American Council of Trustees and Alumni in filing a brief in the United States Court of Appeals for the 5th Circuit in support of Speech First.  

Speech First is suing the University of Texas-Austin on behalf of its  members, conservative and libertarian UT students, on the grounds that  the university’s speech policies suppress expression of conservative and  libertarian viewpoints. 

The lawsuit, Speech First v. Fenves, challenges four separate  policies that together create an elaborate investigatory and  disciplinary apparatus to suppress, punish, and deter speech that  students may deem “offensive,” “biased,” “uncivil,” or “rude.” 

The university’s Residence Hall Manual, for example, prohibits “uncivil  language and behaviors that interfere with the. . . individuality” of  other students. The policy warns residents that those accused of  “suppress[ing] another individual” may be subject to a “floor or hall  meeting to discuss the incident” in which the “community” will decide  “appropriate steps that need to be taken to address the incident.” 

The Foundation for Individual Rights in Education (FIRE), a leading  authority on campus civil liberties, has assigned UT-Austin a “red” rating, indicating its policies “clearly and substantially” restrict  students’ freedom of speech. 

IWF and ACTA believe that the university’s policies are unnecessarily  vague and specifically designed to deter speech based on the viewpoint a  student means to express. In their brief, IWF and ACTA argue that  UT-Austin’s policies have a chilling effect on the free exchange of  ideas. 

Jennifer Braceras, the Director of IWF’s Center for Law & Liberty, issued the following statement: “College campuses should expand access to the marketplace of ideas, not stifle free speech. A desire to encourage civility, however laudable, can never justify  the enactment of overbroad policies and Orwellian punitive systems that  can be used to deter the expression of unpopular political opinions."

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