Education

Texas GOP Launches Campus ‘Free Speech’ Probe Over Charlie Kirk Criticism

By Nick Mordowanec

Copyright newsweek

Texas GOP Launches Campus 'Free Speech' Probe Over Charlie Kirk Criticism

The assassination of conservative Charlie Kirk last week has spawned Republican-led legislative efforts in Texas to study and issue reports on bias, discourse, and freedom of speech across the state’s college campuses.Why It MattersKirk, 31, was fatally shot in the neck during a speech at Utah Valley University on September 10 during his “American Comeback Tour.” Tyler Robinson was arrested in connection with the murder, and according to Utah officials, is expected to be formally charged today.The murder of Kirk and the manner in which it occurred has increased tensions of a polarized nation and resulted in broader questions about political violence, hate speech, freedom of speech, and lawmakers’ roles in simmering the flames of division.What To KnowOn September 12, Texas House Speaker Dustin Burrows and Lieutenant Governor Dan Patrick—both Republicans—announced the formation of the Senate and House Select Committees on Civil Discourse & Freedom of Speech in Higher Education due to what the pair described as a statewide “responsibility to ensure its publicly funded institutions foster open dialogue and do not discriminate against students, faculty, or staff based on their beliefs.””The First Amendment guarantees the freedom of religion, of speech, of the press, of assembly, and of petition,” Patrick said in a statement. “It is the First Amendment because it is the foundation of all our rights. In that list, the free exercise of religion is paramount. Take away a person’s right to free exercise of religion and every other right falls quickly.”Charlie Kirk was my friend. He was assassinated for simply expressing his First Amendment rights. The attack on Charlie was an attack on the First Amendment. Those who cheered his murder are also cheering for the death of America. We cannot tolerate either at our institutions of higher learning.”The following members have been appointed to the Senate Select Committee on Civil Discourse & Freedom of Speech in Higher Education:
Senator Paul Bettencourt, R-Houston, chair
Senator Bryan Hughes, R-Tyler, Vice chair
Senator Cesar Blanco, D-El Paso
Senator Donna Campbell, R-New Braunfels
Senator Bob Hall, R-Edgewood
Senator Juan “Chuy” Hinojosa, D-McAllen
Senator Lois Kolkhorst, R-Brenham
Burrows said that some in higher education who have “celebrated” the murder shows a problem that “is appalling and reveals a deeper, systemic problem worth examining.”Reports vary on how many individuals have been terminated from their places of employment due to publicly posting about Kirk’s murder online.A Reuters report on Saturday claimed that at least 15 people had been fired or suspended from their jobs because of posting about Kirk online. An NPR report said the number was as high as 33.In the area of education, a teacher in Oregon wrote that Kirk’s assassination “really brightened up my day,” according to a local news report.An assistant dean at a Tennessee college was also fired. A Wisconsin high school teacher had been placed on administrative leave after calling Kirk “a racist, xenophobic, transphobic, Islamophobic, sexist, white nationalist mouthpiece who made millions of dollars inciting hatred in this country,” according to reports.U.S. Attorney General Pam Bondi on Tuesday said that threats of violence are federal crimes under the U.S. Constitution, as part of a governmental crackdown on so-called hate speech.Her statements were criticized, including those posting Kirk’s own words on the issue.He wrote in a 2024 social media post: “Hate speech does not exist legally in America. There’s ugly speech. There’s gross speech. There’s evil speech. And ALL of it is protected by the First Amendment. Keep America free.”Abbott Calls For Student’s ExpulsionOn Tuesday, Texas Governor Greg Abbott called for a purported student of Texas State University to be expelled after a video was posted online showing the individual mocking Kirk’s death, mimicking the reaction to the fatal gunshot.”Hey Texas State. This conduct is not accepted at our schools. Expel this student immediately. Mocking assassination must have consequences,” Abbott posted on X.Andrew Mahaleris, press secretary for Abbott, provided the following statement to Newsweek: “The Governor and First Lady continue to mourn the horrific assassination of Charlie Kirk and pray for his wife, two young children, and loved ones during this tragic time. We thank every Texan and American who stands together to honor Charlie’s life and legacy.”Any student who violates their school’s code of conduct by condoning or inciting political violence must face swift disciplinary action. Advocating for the assassination of political opponents is deplorable and fundamentally contrary to Texan values.”Texas State University President Kelly Damphousse said in a statement shared with Newsweek that she’s aware of the video circulating online, filmed at an event on the San Marcos campus on Monday. She has directed university officials to take immediate steps to identify the individual in the video.”Behavior that trivializes or promotes violence is reprehensible and violates the values of Texas State,” Damphousse said. “It will not be tolerated. If this individual is found to be affiliated with TXST, appropriate action will be taken.”Let me be clear: expressions that glorify violence or murder have no place on our campuses.”What People Are SayingTrial attorney Nicole Brenecki told Newsweek: “From a constitutional standpoint, the First Amendment does not give private-sector employers a legal duty to retain employees who make offensive or politically charged remarks, particularly in cases where those remarks violate company policy or harm its reputation.”However, for public employees, the analysis is more complex. If the speech in question is made by a citizen on a matter of public concern, and not as part of their official duties, then discipline or termination may violate the First Amendment. Encouraging private employers to fire people for expressing certain viewpoints risks encouraging viewpoint discrimination, chilling free speech, and may improperly challenge state laws that protect speech and off-duty conduct.What Happens NextDuring the 89th regular legislative session, the Texas Legislature passed Senate Bill 37 and Senate Bill 2972 to reform and oversee Texas higher education institutions.Patrick and Burrows said that as those reforms are implemented, the committee will examine the implementation of SB 37 and SB 2972, “especially as it relates to the climate of discourse and freedom of speech on campus.””The committee’s work will help ensure Texas remains a national leader in protecting First Amendment rights,” their press release reads.