Expressive Activity at Texas A&M
The College, acting here as the instrumentality of the State, may not restrict speech or association simply because it finds the views expressed by any group to be abhorrent…
As a public institution, Texas A&M University and its employees are bound by the U.S. Constitution. First Amendment protections—including freedom of speech, press, assembly and petition—apply fully on our campus, safeguarding the rights of students, faculty, staff and visitors.
While public perception sometimes assumes university administrators can restrict or censor speech, the Supreme Court has repeatedly affirmed that constitutional rights do not stop at the campus gate. Public universities cannot restrict speech based on content, opinion or viewpoint.
However, free expression is not absolute. Texas A&M enforces reasonable, content-neutral time, place and manner regulations to protect campus safety, prevent disruption of classes and ensure equal access for all members of the university community.
Legal, Regulatory and Policy Framework
Texas A&M University is committed to protecting free expression while maintaining a safe, accessible environment for education, research, and campus events. University Rule 08.02.99.M1 governs expressive activity across all campus properties and is structured to comply with the United States Constitution, the Texas Constitution and state statutes.
Constitutional Protections
First Amendment, U.S. Constitution: Safeguards the fundamental rights of freedom of speech, assembly, and petition.
Article I, Section 8, Texas Constitution: Guarantees state-level protections for speech and press freedom.
State Statutory Authority
Texas Education Code § 51.9315 (Protected Expression on Campus): The foundational state statute governing speech at public universities. It designates common outdoor spaces as traditional public forums for the university community and allows content-neutral time, place, and manner restrictions.
Texas Senate Bill 2972 (Campus Protection Act): Amends Texas Education Code § 51.9315 to establish specific state mandates, including:
- Encampment Bans: Prohibits pitching tents, erecting temporary shelters, or creating living accommodations on university grounds for expressive purposes.
- Masks & Disguises: Prohibits face coverings or disguises intended to conceal identity to evade identification, intimidate others, or obstruct university officials or peace officers.
- Academic Preservation: Imposes stricter amplification and guest speaker regulations during active class hours and semester final examination periods.
- Affiliation Rules: Clarifies institutional authority to distinguish access rules for university-affiliated individuals (students, faculty, staff) versus unaffiliated outside visitors.
Campus Conduct and Safety Statutes
Texas Education Code § 51.935 (Disruptive Activities): Prohibits intentional force, violence, or physical obstruction that disrupts classes, university operations, or authorized events.
Texas Education Code § 51.209 (Requirement to Identify): Authorizes university officials and peace officers to request valid identification from anyone on campus property.
Texas Penal Code Regulations Chapter 42: Disorderly Conduct and Related Offenses
- § 42.01 (Disorderly Conduct): Establishes thresholds for unreasonable noise and disruptive behavior.
- § 42.03 (Obstructing Passageways): Prohibits blocking pedestrian walkways, building entryways, emergency routes, or traffic.
Texas Penal Code Regulations Chapter 30: Burglary and Criminal Trespass
- § 30.05 (Criminal Trespass): Enforces compliance with designated restricted areas, operational closures, or lawful orders to leave campus property.
Texas A&M University Expressive Activity on Campus Policy
The Texas A&M University System Policy 08.02, Expressive Activity on Campus, requires adoption of a member (university) rule.
Texas A&M University’s rule (08.02.99.M1) identifies common outdoor areas that are not considered public forums, designates other public forums on campus, including reservable designated public forums, provides reservation requirements and procedures, and provides a grievance process for addressing complaints for violations of an individual’s expressive activity rights.
How to File a Grievance
In accordance with Texas Education Code § 51.9315(f)(3), members of the university community and campus visitors may file a formal grievance if they believe their rights to free expression under state law or university policy have been violated or unduly restricted. Complaints regarding expressive activity compliance or administrative interference may be submitted through a Tell Somebody Report.
File a grievance