Austin, TX
First Amendment questions raised after UT Austin protest arrests
DALLAS – It was another day of protests on Thursday at the University of Texas at Austin with pushing and shoving between police and protesters.
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.
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)
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.
“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.”
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.”
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.
“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.
The news photographer now has outside private counsel and was advised to not talk about his arrest or night in jail.
Austin, TX
Texas elections 2024: Austin residents vote on 'dis-annexation' of neighborhoods
AUSTIN, Texas – “Vote Here” signs are spread across the city of Austin at dozens of polling centers.
Inside, multiple candidates and propositions are on the ballot for voters to choose from.
There are six “dis-annexation” propositions, allowing residents of several outlying areas to vote on whether to remove themselves from Austin city limits.
The major selling point for these propositions is that they will lower property taxes.
“Oh, I’m for sure voting against,” said Malone resident Dave Kemper.
“We voted yes for the dis-annexation, mainly because we want to see the property taxes go down,” said Lost Creek resident Joe Wempe.
The city would phase out property taxes once a neighborhood’s debt is paid.
Residents would still pay school property taxes.
The ballot measures were prompted by legislation passed in the Texas legislature in 2023.
Each of the neighborhoods was brought into the city boundary about 10 years ago.
“We are our own little community, and I think that’s how we should be treated,” said Lost Creek resident, Rachel Cole.
Austin Police and Fire Departments would no longer serve “dis-annexed” neighborhoods.
Instead, Travis County would handle law enforcement and fire response. Some services would discontinue,like trash from Austin resource recovery.
“I mean, not to disparage the county, but it’s not broken. So why would we fix it? Like, the city has done a great job with our trash,” Kemper said.
2024 TEXAS RUNOFF ELECTIONS COVERAGE
The possibility of dis-annexation comes with concerns surrounding emergency services for some residents.
“As a mom of three kids, I want the best emergency response that I can get. So, if I call 911, I want a quick response,” said Cole.
Others welcome the thought of a possible change.
“Maybe we have better police control here, because we have seen more crime in the area,” said Lost Creek resident Donna Wempe.
The residents were able to take their decision to the polls, with the final votes cast on Saturday.
Austin, TX
Democratic Texas state lawmaker says UT Austin and Dallas haven’t been transparent enough in handlin
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Austin, TX
Texas prepares for more severe weather, possible flooding
AUSTIN, Texas (KEYE) — Parts of Texas are gearing up for more severe weather this weekend. The state has already experienced torrential downpours and flooding in the southeast part of Texas, along with tornadoes out west.
National Weather Service meteorologist Bob Fogarty advises residents to be cautious and smart.
It’s somewhat more nuisance flooding than anything else but some places could -the low water crossings get flooded, that could be a problem and people should be very aware of that and stay away,” he said.
He said there most likely won’t be anything similar in Austin to what’s been happening over the last few days in the Houston area, where people have been trapped and needed rescuing due to the torrential downpours.
Waters from the nearby San Jacinto River have continued to rise, from about 1 foot (0.30 meters) Friday to about 4 feet (1.22 meters) Saturday.
A flood watch remained in effect through Sunday afternoon as forecasters predicted additional rainfall Saturday night, bringing another 1 to 3 inches (2.5 to 7.6 centimeters) of water to the soaked region and the likelihood of major flooding.
Wes Rapaport with the Texas Department of Emergency Management emphasized that residents should still be ready for anything.
It’s so important to acknowledge Texans need to keep their guard on weekends like this where there’s an ongoing severe weather and flash flooding threat and it’s really important to stay weather aware,” he said.
Rapaport recommends having a safety kit in your home filled with different items in the event you lose power or become stranded.
“The storm prediction center has a scale where they talk about the chance of severe thunderstorms and for the weekend right now, the way it looks right now in the Austin area, it’s a level 1 out of 5,” Fogarty said. But that weather will also likely affect travel.
Glynda Chu with the Texas Department of Transportation is warning residents to not venture out if you don’t need to and stay home if you can.
She said to pull off of the highway and find shelter in the event of a hailstorm, but do not, under any circumstances, pull over underneath an overpass.
“Other drivers are seeking shelter, the visibility is limited which could increase the possibility of having a crash,” she said. “But also, overpasses are not safe when there’s high winds or tornadoes.”
___
Editor’s note: The Associated Press contributed to this report.
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