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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

Texas law age-restricting app stores blocked by federal judge

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Texas law age-restricting app stores blocked by federal judge


08 January 2019, Hessen, Rüsselsheim: ILLUSTRATION – The App Store (M) logo can be seen on the screen of an iPhone. Photo: Silas Stein/dpa (Photo by Silas Stein/picture alliance via Getty Images)

A federal judge has blocked a Texas law aimed at keeping minors from using app stores without an adult’s consent. 

The decision is a win for major developers of app stores represented in the federal lawsuit, including Apple, Google and Amazon. 

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Texas app store law blocked

What we know:

Senate Bill 2420 would have gone into effect on Jan. 1, requiring anyone under the age of 18 in Texas to get parental consent to download an app or make an in-app purchase. 

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U.S. District Judge Robert Pitman in Austin issued a preliminary injunction against the law, saying it likely violates the First Amendment.

The case against the law, known as the App Store Accountability Act, was brought by Computer & Communications Industry Association (CCIA) on behalf of operators of app stores (like Google, Apple, and Amazon) and developers of mobile apps (like YouTube, Audible, Apple TV, IMDB, and Goodreads).

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What’s next:

The law can not go into effect as litigation proceeds. 

Texas AG Ken Paxton is the sole defendant in the case, and is enjoined from enforcing or allowing enforcement of the law during that time. 

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Texas lawsuit over SB 2420

The backstory:

Attorneys for the CCIA argued the law violates First Amendment free speech rights. Before the Austin court hearing last week, CCIA Senior VP Stephanie Joyce issued the following statement:

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“We shall show the judge that this law is unconstitutional and should not take effect. This law is grossly overbroad, involves forced-speech mandates, and is not remotely tailored to its stated purpose. It is a deeply flawed statute that the Court should block under the First Amendment.”

Other cell phone restrictions

Dig deeper:

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Australia recently passed a total social media ban for people under age 16. Texas attempted a similar law with House Bill 18, which was enjoined prior to SB 2420. 

A recent report about a school in Kentucky with a cellphone ban quoted administrators about an unexpected benefit. They claim a 61 percent increase in books being checked out from its library since the ban started.

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In that Kentucky report, 38 percent of their disciplinary issues involved violating the cellphone ban. The administrators said they hope that number will drop after students come back from the holiday break. It’s too early to tell if that kind of data will be collected as part of the TEA review.

The Source: Information in this article came from a federal court filing and previous FOX Local coverage. 

TexasTexas PoliticsTechnology
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Austin, TX

Texas camps add flood sirens after Camp Mystic tragedy

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Texas camps add flood sirens after Camp Mystic tragedy


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Austin, TX

3,000 Waymos recalled after several close calls with Austin ISD students

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3,000 Waymos recalled after several close calls with Austin ISD students


TEXAS — The self-driving taxi known as Waymo is taking a break in Austin.

Since the beginning of the 2025-2026 school year, Austin Independent School District (AISD) has recorded at least 20 stop-arm violations committed by the autonomous vehicles.

Cameras installed on school buses through the district’s Stop-Arm Camera Program show Waymo vehicles passing buses when they brake and have their stop arm extended. In some instances, the self-driving vehicles come close to hitting students getting off the bus.

“There’s not a similar pattern,” said Travis Pickford, assistant chief of the Austin ISD Police Department. “There’s not consistency there, other than the Waymo’s are consistently passing our buses.”

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Pickford said despite Waymo operating in Austin for years, the district only found out about the stop-arm violations this year when they switched to a new vendor for the Stop-Arm Camera Program.

AISD and Waymo have gone back and forth on this issue, with AISD notifying the company of the violations and the district’s demands for a software update. Waymo replied in November, saying its vehicles have been updated. 

Nonetheless, there were more violations cited by AISD, totaling at least 20 violations as of Nov. 20. And the issue, according to Pickford, is not exclusive to AISD.

“Eanes, Pflugerville, Leander, Round Rock, Del Valle, just to name those five,” he said. “I can only assume that if we’re seeing violations on our buses, it’s entirely possible that violations are occurring in those districts as well.”

“It’s our position and our belief that they need to stop operating while our school buses are out on the roadway,” Pickford said.

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Because of the violations, Waymo voluntarily recalled more than 3,000 vehicles in its fleet.

Mauricio Peña, Waymo’s chief safety officer, said:

“While we are incredibly proud of our strong safety record showing Waymo experiences twelve times fewer injury crashes involving pedestrians than human drivers, holding the highest safety standards means recognizing when our behavior should be better.

“As a result, we have made the decision to file a voluntary software recall with NHTSA related to appropriately slowing and stopping in these scenarios. We will continue analyzing our vehicles’ performance and making necessary fixes as part of our commitment to continuous improvement.”

The recall report from the National Highway Traffic Safety Administration (NHTSA) also cites the stop arm violations are cause for the recall, stating:

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“Prior to the affected Waymo ADS [automated driving system] receiving the remedy described in this report, in certain circumstances, Waymo vehicles that were stopped or stopping for a school bus with its red lights flashing and/or the stop arm extended would proceed again before the school bus had deactivated its flashing lights and/or retracted its stop arm.”

As Waymo plans to expand operations into San Antonio and Dallas, Pickford urged the company to ensure all vehicles are following the law before putting more students in the state in harm’s way.

“[People need to] be a voice and be a part of whatever safety working group is coming together to discuss Waymo or any autonomous vehicle operation in their area,” Pickford said.



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