United States Constitution:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Source: First Amendment Annotated, United States Constitution

Texas State University is committed to upholding the First Amendment of the United States Constitution and respects individuals’ rights to express their views through all forms of legally protected speech, press, religion, petition, and assembly.


Frequently Asked Questions

  • Freedom of Speech
    The legal definition of freedom of speech is the right to express information, ideas and opinions free of government restrictions based on content and subject only to reasonable limitations. 

    An individual or a community may articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction.

    Freedom of Religion
    The government may not establish a state religion or prohibit the free exercise of religion. All Americans have the right to practice their religion freely, without interference or persecution by the government.

    Freedom of Press
    The right to report news or circulate opinion without censorship from the government. The press serves the governed, not the governors. A free media functions as a watchdog that can investigate and report on government wrongdoing.

    Freedom of Assembly
    The government may not abridge the right of the people to peaceably assemble.

    Freedom of Petition
    People have the right to ask the government at any level to right a wrong or correct a problem.

    Source: Freedom Forum Institute

  • Types of expression that are given less or no protection by the First Amendment (and can then potentially be restricted) include fraud, obscenity, child pornography, speech that incites illegal conduct, true threats, and commercial speech (advertising).

    Individuals or groups may not engage in the following:

    • Unreasonably infringing on others' rights to free expression
    • Threaten or cause injury to others
    • Violate the law or University policy
    • Enter a restricted area without authorization
  • Engaging in expressive activities on campus between the hours of 10 p.m. and 8 a.m. is prohibited.

    Engaging in expressive activities on campus during the last two weeks of a semester or term is prohibited.

    The use of amplified sound is restricted to certain times and designated areas. The use of amplified sound outside of approved hours must be approved by the appropriate department. 
    Amplified sound may not be used to intimidate others, interfere with campus operations, or interfere with a university employee’s or a peace officer’s lawful performance of a duty.

    Camping and erecting tents or other living accommodation on campus for the purpose of expressive activity is prohibited.

    Wearing a disguise or other means of concealing a person’s identity while engaging in expressive activities on campus with the intent to: obstruct the enforcement of the university’s rules or the law by avoiding identification; intimidate others; or interfere with a university’s employee or a peace officer’s lawful performance of a duty is prohibited.

    Lowering the university’s United States flag or Texas flag with the intent to raise the flags of another nation or a flag representing an organization or group of people is prohibited.


Limited Public Forum | Locations

Students enrolled at and employees of Texas State University

Only students enrolled at, and employees of, Texas State have the right to peacefully assemble in the common outdoor areas of Texas State campuses for expressive activities, including listening or observing the expressive activities of others if the expressive activity is not unlawful and does not materially and substantially disrupt the functioning of the institution.

Common Outdoor Areas

All common outdoor areas of Texas State University are limited public forums. Access to these locations by external individuals or groups for expressive activity purposes is not permitted without formal university sponsorship and approval

Bobcat Trail
LBJSC Mall
The Quad

Traditional Public Forum | Locations

A certain designated area on campus where all persons (including individuals not affiliated or invited by Texas State) may engage in expressive activity with respect to reasonable time, place, and manner restrictions.

Individuals not affiliated with Texas State University

Individuals not affiliated with Texas State may only assemble peacefully in areas designated as traditional public forums by Texas State unless invited, sponsored, and approved by the university. 

San Marcos Campus

  • The Traditional Public Forum on the San Marcos Campus is located on Upper Bobcat Trail. The Upper Bobcat Trail is located within the green space on the west side of San Marcos campus and between Joann Cole Mitte Building, Roy F. Mitte Building, Richard A. Castro Hall and Family and Consumer Science Building.

    The Traditional Public Forum is accessible from Academy Street on the west or the paved sidewalk in front of Roy F. Mitte Building on east. The Traditional Public Forum is in the northern center of the grassy and paved sidewalk space near the “National Pastime II” Bronze Statute.

    The Traditional Public Forum is clearly marked with an A-Frame Sandwich/Sidewalk Board. The use of tables and chairs can be placed along the edge of paved sidewalk. Pop-up tents or exhibits are required to be set up in the grassy area on the northern side of the paved sidewalk. 

Round Rock Campus

  • The Traditional Public Forum on the Round Rock campus is located on the Northwest Quadrant in The Quad. 

    The Northwest Quadrant is on the upper-left quadrant of the Quad with the Avery Building to the north, Nursing Building to the East, and Esperanza Hall Construction to the West.