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First Amendment questions raised after UT Austin protest arrests

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First Amendment questions raised after UT Austin protest arrests


It was another day of protests on Thursday at the University of Texas at Austin with pushing and shoving between police and protesters.

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Nearly 60 people were arrested Wednesday, including a FOX 7 news photographer.

The arrests, especially of a journalist, raise questions about the right to assemble and freedom of the press.

Voices were raised in chants on the second day of protests at UT Austin.

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There were a number of different groups, including some university staff. 

AUSTIN, TEXAS – APRIL 24: Students rally together during a pro-Palestine protest at the The University of Texas at Austin on April 24, 2024 in Austin, Texas. (Photo by Brandon Bell/Getty Images)

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Stewing at how the university and law enforcement responded to protests over the Israel-Hamas war Wednesday, some faculty members are now seeking a recall vote of UT President Jay Hartzell.

The FOX 7 photographer was released from jail Thursday morning as were many others who were arrested for criminal trespass on Wednesday.

Thomas Leatherbury is director of the First Amendment Clinic at SMU. He says journalists should not be jailed for covering public demonstrations.

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“I feel particularly pained by the arrest of photographers,” he said. “They’re not protesting; they’re covering the protest. And I wouldn’t be surprised if they caught footage of a disproportionate police response, and that’s why they were arrested.”

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Gov. Greg Abbott tweeted Wednesday in defense of his decision to send DPS officers to the campus, saying, “Students joining in hate-filled, antisemitic protests at any public college or university in Texas should be expelled”

The UT president is also defending the use of law enforcement against protest groups he said “tried to deliver on their stated intent to occupy campus.”

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But Thursday, the Travis County district attorney dropped all charges against the FOX 7 photographer and others, writing, “We individually reviewed each case that was presented… There were deficiencies in the probable cause affidavits. The court affirmed and ordered the release of those individuals.”

“I’m not surprised. That’s what District Attorney Creuzot did to the vast majority, if not all, of the criminal charges that were filed in Dallas after the murder of George Floyd, and I think that’s the right thing to do,” Leatherbury said. “Unless you have specific evidence that an individual was engaging in violent conduct, then I think err on the side of protecting protests and certainly err on the side of protecting peaceful protests.”

Colleges and universities do have the right to set reasonable time, place, manner and restrictions on peaceful public protests, and state officials can enforce criminal laws if the laws are applicable.

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“It’s going to be a real fact-intensive exercise to see, was the police response disproportionate to what was going on? Was there unprotected speech that was happening?” Leatherbury wondered. “For example, was it peaceful or was there true threats to Jewish students or true threats to Pro-Palestinian students?”

Leatherbury pointed out that even if the protests crossed the line into hate speech, that is still legally protected under the First Amendment of the U.S. Constitution.

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The news photographer now has outside private counsel and was advised to not talk about his arrest or night in jail.



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Austin, TX

City of Austin activates cold shelters heading into the weekend

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City of Austin activates cold shelters heading into the weekend


AUSTIN, Texas —The City of Austin posted on X that cold weather shelters are going to be open this week and heading into the weekend.

According to the weather forecast, temperatures could be below freezing on Friday and Saturday, with a low of 25 degrees on Saturday. Although no precipitation is forecasted, temperatures are likely to be below freezing for multiple days.

According to the post, residents are encouraged to “go to One Texas Center (OTC), 505 Barton Springs Road from 6-8pm to register for overnight shelter.”

The City of Austin’s website says that CapMetro transports will be taking registered individuals to the shelters, along with shelters that have accessibility for the unhoused, those who are not and families with children.

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“Families with children, as well as unaccompanied minors, seeking refuge during Cold Weather Shelter activation periods will be provided with coordination for an overnight stay,” the website stated.

More information about the guidelines and the shelters can be found here.





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Austin, TX

Texas Republicans are using anti-Muslim rhetoric in their campaigns

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Texas Republicans are using anti-Muslim rhetoric in their campaigns


TEXAS — Targeting Islam and stopping what many conservatives call the “Islamification” of Texas is an increasingly popular campaign promise. Islam is a faith practiced by over 300,000 Muslims in Texas. 

“There are a variety of Islamist movements operating across Texas,” said Samuel Westrop, the director of the Islamist Watch project at the Middle East Forum.

The national conservative think tank Middle East Forum is dedicated to defeating what it calls radical Islam, a claim that people within the faith want to impose their own religious law on secular society. Westrop wants to see politicians distinguishing between people whose interpretation of Islam threatens others and those who peacefully practice the religion.

There is still a dangerous impact on the Muslim community, according to Sameeha Rizvi, a policy and advocacy coordinator for the Texas chapter of the Council on American-Islamic Relations, or CAIR. In November, Gov. Greg Abbott designated CAIR as a foreign terrorist organization.

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“At this point, Islam, extremists, etc., have been conflated with one another. And then also on top of that, they’re attacking civil rights groups like CAIR and using terrorist imagery to depict us when we’ve only denounced terrorism,” said Rizvi.

In his bid for reelection, U.S. Sen. John Cornyn, R-Texas, ran an ad outlining his opposition to CAIR.

“I’m fighting to revoke the tax-exempt status of the Council on American-Islamic Relations,” said Cornyn.

And when an ad from a PAC on behalf of Cornyn called Texas Attorney General Ken Paxton, his top opponent, “weird,” Paxton called out Cornyn for his support of “radical Islamic Afghans.”

Candidates in the race to replace Paxton as Texas attorney general are using similar rhetoric. U.S. Rep. Chip Roy, R-Austin, said he would use the office to defend Texas from “Islamist extremist networks.”

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“This is a coordinated political effort to Islamify Texas and you gotta say it,” said Roy.

Westrop describes the scrutiny of the religion as protecting taxpayers from funding something that could cause them harm.

“Really working to limit the influence and effect of Islamist groups and certainly making sure that public monies doesn’t subsidize their extremism,” he said.

According to the Pew Research Center, 42% of Muslim U.S. voters identify with the Republican Party. Rizvi says the anti-Muslim rhetoric could isolate Muslims from the right.

“When you end up as a party, smearing your neighbors because of their religion, it betrays not only your values as a party but also the values of what it means to be a Texan,” said Rizvi.

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The impact that faith-targeted ads will have on Republican voters could be clear after the primary elections on March 3.



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Austin, TX

FULL LIST: Wednesday, Jan. 28 closures, delays for Central Texas schools

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FULL LIST: Wednesday, Jan. 28 closures, delays for Central Texas schools


The winter storm has made its way to Central Texas, causing impacts across the region, including to schools.

Some Central Texas school districts have adjusted their operations for Wednesday, Jan. 28, due to road conditions.

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You can view the full list below:

School district delays

What we know:

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Florence ISD

Florence ISD will be closed on Wednesday, Jan. 28.

Jarrell ISD

All Jarrell ISD campuses will be closed on Wednesday, Jan. 28.

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Leander ISD

Leander ISD will operate on a 2-hour delay on Wednesday, Jan. 28, due to lingering freezing temperatures and the potential for icy conditions early in the morning.

St. Mary’s Catholic School

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St. Mary’s Catholic School in Taylor will operate on a two-hour delay for Wednesday, Jan. 28. 

  • 9:30AM: Carline Start 
  • 10:00AM: Classes Start

The Source: Information from school districts

Winter WeatherEducationWilliamson CountyAustin
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