AAUP, Texas AAUP-AFT Seek Preliminary Injunction to Block Texas Tech’s Unconstitutional Classroom Censorship Policies

Read a full PDF of our statement here.

Today, plaintiffs in the lawsuit Texas AAUP-AFT, et al. v. Creighton, et al., which challenges Texas Tech University System's censorship directives, filed a motion for a preliminary injunction. The motion asks the court to immediately halt enforcement of university policies that restrict faculty teaching on certain topics related to race, gender identity, and sexual orientation. The plaintiffs, the American Association of University Professors (AAUP) and its Texas affiliate, Texas AAUP-AFT, are represented by the Legal Defense Fund, Lambda Legal, and Davis Wright Tremaine LLP.

AAUP and Texas AAUP-AFT filed the lawsuit last week on July 8. In it, they argue that the directives violate the First Amendment and the Fourteenth Amendment by imposing vague and discriminatory restrictions on classroom instruction that chill protected speech, fail to provide fair notice of what is-and is not-prohibited, and intentionally disadvantage Black faculty, LGBTQ+ faculty, and scholars whose work directly engages issues of race and inequality.

The preliminary injunction motion argues that immediate relief is necessary because the policies continue to cause irreparable harm to faculty members across the Texas Tech University System. In particular, the motion argues that the directives violate the First Amendment by restricting professors from teaching or assigning coursework that implicate certain perspectives on race, sexual orientation and gender identity that are disfavored by Texas Tech's Chancellor, Brandon Creighton, and the university's Board of Regents. The motion further argues the directives violate the due process clause of the Fourteenth Amendment by imposing confusing and vague policies that leave faculty uncertain about what they can teach, including whether they can provide medical training about transgender patients and give instruction about race, gender, and LGBTQ+ history.

"This injunction is vital for the restoration of academic freedom at Texas Tech," said AAUP President Todd Wolfson. "Without it, Chancellor Creighton's vague censorship mandates will continue to inflict immediate harm-particularly on Black and LGBTQ+ scholars who are being forced to navigate a minefield of restrictions just to teach basic history, medicine, and human rights. For academic inquiry and critical thought to thrive, these mandates cannot stand."

"This injunction matters because, when faculty are banned from teaching certain topics or perspectives, students are denied the opportunities to engage with complex ideas, hear competing viewpoints, and develop the critical thinking skills that higher education is meant to foster," said Texas AAUP-AFT President Teresa Klein. "We stand with our Texas Tech faculty colleagues who are fighting for the freedom to teach and students' right to learn."

"Every day these unlawful directives remain in place, faculty are forced to choose between teaching truthfully or risking their employment," said Antonio L. Ingram II, Senior Counsel at the Legal Defense Fund. "The Constitution does not permit public universities to impose political litmus tests on classroom instruction or silence discussions simply because some people may disfavor them. Yet faculty are being asked to leave decades of knowledge, scholarship, and expertise at the classroom door. These restrictions have large-scale consequences not only for faculty and students, but also for Texas residents as a whole. Texas Tech is educating the next generation of lawyers, doctors, and teachers. The restrictions on fact based knowledge and training the Creighton Memoranda mandate harm the communities these students will one day serve. We urge the court to move swiftly to halt these discriminatory policies while this case proceeds."

"The world doesn't stop being what it is just because someone in power finds it inconvenient," said Nicholas Hite, Senior Attorney and McDonald/Wright Distinguished Counsel at Lambda Legal. "Classrooms exist to prepare students for the real world and the real people in it, and that means talking honestly about race, gender, and LGBTQ+ people, not pretending they don't exist. Every week this policy stays in place is another week students leave Texas Tech less ready for the world waiting for them. That's why we're asking the court for a preliminary injunction now, so that harm doesn't keep piling up while the rest of this case plays out."

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The mission of the American Association of University Professors (AAUP)is to advance academic freedom and shared governance; to define fundamental professional values and standards for higher education; to promote the economic security of faculty, academic professionals, graduate students, postdoctoral fellows, and all those engaged in teaching and research in higher education; to help the higher education community organize to make our goals a reality; and to ensure higher education's contribution to the common good. Founded in 1915, the AAUP has helped to shape American higher education by developing the standards and procedures that maintain quality in education and academic freedom in this country's colleges and universities.

The Texas Conference of the American Association of University Professors (AAUP), affiliated with the Texas American Federation of Teachers (AFT), has thousands of members on 100 campuses across the state. We are a faculty-led union defending the right to teach, research, and speak freely. More info.

Founded in 1940, the Legal Defense Fund (LDF)is the nation's first civil rights legal organization. LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957, though it was founded under the leadership of Thurgood Marshall while he was at the NAACP. LDF's Thurgood Marshall Institute (TMI) is a division of LDF that undertakes innovative research and houses LDF's archive. In all media attributions, please refer to us as the Legal Defense Fund or LDF (do not include NAACP) and refer to the Institute as LDF's Thurgood Marshall Institute or TMI.

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and policy work. www.lambdalegal.org.

The First Amendment litigation team at Davis Wright Tremaine LLP is widely recognized as one of the nation's most accomplished. The firm has successfully defended the speech rights of journalists, activists, social media platforms, streaming companies, short-sellers, reproductive health advocates, university professors, and countless others from across the political spectrum in courtrooms all around the country.