Four students from the University of Texas at Austin are suing their school, along with Gov. Greg Abbott, over claims that their free speech rights were violated in 2024 when the university shut down their Gaza camp.
The students, represented by the Muslim Legal Fund of America and the American-Arab Anti-Discrimination Committee, claim that they were "targeted for expressing pro-Palestinian speech," Texas Scorecard reports. The students further claim that they suffered both injuries and trauma from the "violent police tactics" used when police took down the unlawful encampment.
The creation of tent encampments was made illegal by the Texas state legislature in 2021. It was originally intended to prevent the rise of homeless camps but was not restricted to enforcement for that purpose alone.
At the time the encampments were created on the UT-Austin campus, students issued statements as to their intent. They chanted "Free, free Palestine," called for Israel to stop fighting Hamas terrorists, and said that they had organized "in the footsteps of [their] comrades at Columbia SJP [Students for Justice Palestine], Rutgers-New Brunswick, Yale, and countless others across the nation."
They stated in a post that "class is canceled" and they were taking to the campus to "reclaim our space." The protesters encouraged students to "walk out of class," "march to occupy the lawn," and to "bring blankets, food, face masks, and energy."
At the time, university administrators told protesters that the event "has declared intent to violate our policies and rules, and disrupt our campus operations" and that the school would not "allow this campus to be 'taken.'" They said the protest, if it were to mirror those at other schools at the time, would not be permitted.
The school was clear that those protesters who were in violation of the policy would be subject to discipline, including suspension, and that arrest could even be a possibility. Sixty arrests were made as a result of the campus occupation.
Texas Scorecard notes that during the occupation attempt, "Participants cursed out police officers, called them Nazis, spat on them, and threw water bottles. Despite the difficult circumstances, officers were universally calm and professional."
In April 2024, the school said that "UT Austin actively supports free speech and peaceful protests, which happen regularly on campus surrounding various issues. Since October 2023, community members have hosted more than a dozen pro-Palestinian free speech events and protests that have been largely without incident. Protests, however, must comply with Institutional Rules and policies about time, place and manner, one of which is that no one may create or attempt to create an encampment. When a protest violates Institutional Rules, protesters are told to disperse."
As for those protests on April 24 and 29, the ones at issue in the suit, the school said "On April 24, those planning the event expressly stated their event was intended to disrupt our operations and to 'follow in the footsteps' of protesters at other universities where those protesters successfully accomplished that same goal. Their promotion of their intended event included planned activities and conduct in violation of our policies and rules."
"Also, on both April 24 and April 29, as they indicated they intended to do, protestors violated numerous Institutional Rules and policies — most notably, setting up encampments on the South Lawn. In addition, protesters deliberately provoked officers, stated their intent to not comply, and physically and verbally harassed our staff. Officers were headbutted, spit on, and verbally assaulted by protesters. Some protesters attempted to startle a DPS horse, and others threw horse excrement at officers. Police car tires were slashed."
