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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

Final Public Input Meetings on the Community Wildfire Protection Plan Update Next Week

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Final Public Input Meetings on the Community Wildfire Protection Plan Update Next Week


The Austin-Travis County Wildfire Coalition is hosting a last round of public input meetings on the Community Wildfire Protection Plan, which is updated every 10 years.

The City of Austin released a press release about the final two meetings on Thursday. According to the release, the meetings are intended to provide an overview of the project, hear from subject matter experts, and capture public comments for incorporation into the plan.

Meeting Schedule

April 8, 6-8 p.m.; Del Valle Early College High School Cafeteria, 4715 Ross Rd.

April 9, 6-8 p.m.; St. Luke’s on the Lake Episcopal Church; 5600 RR 620 N.

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The coalition asks that residents RSVP to the meetings online and take this public survey to provide information to the coalition as it updates the plan. Anyone may take the survey, but the coalition asks individuals who plan to attend one of the sessions to fill it out beforehand.

The Community Wildfire Protection Plan identifies areas of wildfire risk, prioritizes investments for mitigation funding, and provides recommendations for hazardous fuels reduction and homeowner risk reduction practices.

Additionally, the plan offers policymakers guidance on wildfire response capabilities and evacuation planning frameworks. The Austin-Travis County Wildfire Coalition updates the plan every decade to ensure it reflects current risk conditions, data, and community priorities.

Members of the coalition include the City of Austin, Austin 3-1-1, Austin Water, Austin Fire Department’s Wildfire Division, the Lower Colorado River Authority, Austin Energy, the city’s Homeland Security and Emergency Management division, and more.

Learn more about the coalition at its website here. And stay updated on the CWPP process as it unfolds here.

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Tommy’s Travel Forecast: A wet Easter weekend

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Tommy’s Travel Forecast: A wet Easter weekend


AUSTIN (KXAN) — You know the saying: ‘April showers bring May flowers’. A wetter-than-normal pattern is likely in Texas through early April, hopefully making a dent in our extreme drought, and lowering pollen totals!

It’s not just the Lone Star State; several storm systems will bring mountain snow, heavy rain, and the potential for severe weather across the country into the upcoming weekend, Saturday, April 4 through 5.

Severe Weather

The Storm Prediction Center has highlighted parts of the Southern Plains, Great Plains, and Midwest for potential severe weather on Friday. There is a level 3/5 (Enhanced) risk for cities such as St. Joseph, Ottumwa, Kirksville, Moberly, and Indianola.

Severe Risk: Friday (Level 3/5 Enhanced)

There is a growing concern for large hail, damaging winds, and an isolated tornado in the highlighted area.

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There is a level 2/5 (Slight) risk for cities such as Oklahoma City, Kansas City, Tulsa, Des Moines, and Overland Park on Friday.

Texas Travel

Traveling in Texas this weekend for Easter Sunday? Bring an umbrella and a rain jacket! Scattered thunderstorms, including a few strong-to-severe storms, are possible.

A strong cold front arrives on Saturday afternoon, bringing widespread rain chances. There is a level 1/5 (Marginal) risk for cities such as Houston, Shreveport, Jackson, Cleveland, and Buffalo.

High temperatures on Sunday will be cooler than normal. In Austin, we’ll likely remain in the 60s.

Wet Pattern

The Climate Prediction Center has high confidence in a wetter-than-normal pattern continuing through mid-April.

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Climate Prediction Center: Wetter-than-normal
Climate Prediction Center: Wetter-than-normal

A few cold shots of late winter air will cool down parts of the Midwest and Northeast in the next week, with some late-season snow possible. Most of the country is trending warmer-than-normal.



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Element hotel opens in Austin, Texas' growing tech corridor

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Element hotel opens in Austin, Texas' growing tech corridor


Element North Austin (Texas) Tech Ridge has opened in one of the city’s emerging technology and business hubs. The 124-room hotel is managed by Raleigh, N.C.-based Concord Hospitality.  | The 124-room hotel is managed by Concord Hospitality.



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