The ACLU of Texas has sent a letter to University of Texas President Jay Hartzell expressing its fear that the university “may be squelching the First Amendment rights of its students” and chilling protected expression by investigating the conduct of some students who were arrested at pro-Palestinian protests April 24 and 29 on campus.

UT first initiated disciplinary proceedings June 7 for alleged rule violations by some student protesters, the American-Statesman previously reported. The letters included copies of arrest affidavits, pictures from the protests and Instagram posts about the demonstrations.

As part of the university’s letter, students were asked to prepare a written statement in response to 12 questions about their conduct that the American Civil Liberties Union said “presupposes that students receiving these notices violated University policy and ignores that the First Amendment protects peaceful protest.”

The ACLU also pointed to its concern about UT citing the probable cause affidavits as evidence, alleging that it violates students’ due process, as charges against all the protesters who were arrested April 24 were dismissed, and individuals “cannot be held responsible for the actions of a group simply because they participated in free speech activity.” It alleges that students are being punished indiscriminately for their involvement in the protests instead of any individual violations.

UT spokesperson Mike Rosen said in a June 14 email in regard to a second round of disciplinary notices the university issued that students were not being disciplined for protesting, but for violating university rules.

“UT Austin supports the rights of all members of our community to demonstrate and express their views while on our campus as long as they comply with our Institutional Rules,” he wrote.

Savannah Kumar, staff attorney at the ACLU of Texas, said the organization sent UT the letter out of fear that the university’s investigations would violate the protesters’ rights and chill free speech.

“When participating in protest is placed under such scrutiny and when students are put through these investigations, it suffocates the breathing room for our constitutional rights and can also erode the core tenets of the university too,” Kumar said. “That’s why we were concerned about what we’re seeing.”

Students reject accusations of rule violations

Police arrested a total of 136 people at the two protests, including 60 students. Many have criticized the police response as excessive and escalatory, but Hartzell, Gov. Greg Abbott and UT System Board of Regents Chairman Kevin Eltife praised the significant police action as necessary and effective in keeping the campus safe.

The UT protests were held in solidarity with other demonstrations across the nation that called on universities to divest from weapons manufacturers contributing to Israel’s war against Hamas, which has reportedly resulted in more than 34,000 deaths in Gaza. Israel began bombarding Gaza after Hamas, the region’s militant governing body, attacked the Jewish state on Oct. 7, killing 1,200 people.

The ACLU’s letter follows a collective letter that UT students sent to the Office of Student Conduct and Academic Integrity in response to the disciplinary notices, which alleged that students failed to comply with university rules and engaged in disruptive conduct. The students in their nine-page letter deny the university’s accusations and express fear that the process will be biased against them.

“We object to the accusation that our engagement in protected free speech activity is ‘disruptive’ to the university’s function,” the students’ letter said. “Indeed, we resolutely affirm the opposite: by exercising our basic rights to speech and peaceable assembly, we were, in fact, directly carrying out a daily function of the University.”

The collective letter cites past statements from the university and Hartzell supporting free speech, and it asks for all students to receive a no findings letter instead of an administrative disposition.

“We ask that you consider this and treat us with the compassion and understanding we deserve as students, Longhorns, and members of a democratic society,” the students’ letter said.

Sam Law, a UT graduate student who was arrested April 29 and received a disciplinary letter, said 23 students are planning to submit the letter to the university. He said people are also submitting character references and letters of support.

“The university hasn’t told us what the possible disciplinary consequences are, but a lot of us are deeply afraid that it could be suspensions or expulsions,” Law said, adding that that’s why many people decided to respond despite legal concerns with addressing allegations. “That is a much more severe consequence than a legal consequence.”

The students also mention concern over the process bypassing a typically scheduled in-person meeting in favor of written statements, which they worry will further reduce their right to due process. Rosen said previously in his June 14 email that the process ensures all students have due process.

Two teaching assistants who were removed from their position last fall for sending a pro-Palestinian message to their class did not have the opportunity for an in-person hearing because of a last-minute policy change by Hartzell to make the process more efficient. Their grievances for their job reassignments were eventually denied.

‘We enforce our institutional rules’

Rosen said the university cannot comment on individual cases, but on June 14 an undisclosed number of disciplinary notices were sent out to student protesters for alleged rules violations.

“The University has made clear that we enforce our institutional rules, and the conduct notices sent to students who violated our rules during protests on April 24 and 29 reflect that commitment,” the university’s statement said.

Kumar, however, said the university’s rules still need to leave “breathing space for the Constitution.”

“The university can’t just be invoking these rules and saying that if students broke these rules that’s enough to punish them if that application of those rules is squelching the right to engage in free speech activities, which is not something that students leave behind just because they decide to enroll,” Kumar said.

Rosen did not respond to the Statesman’s specific questions about UT’s response to the ACLU’s and students’ letters.

Law said protesters believe they are not guilty of the university’s accusations and are grateful for the ACLU’s support.

“I hope that the university takes it seriously and lives up to the principles that it purports to defend,” Law said.