El Paso Community College

Expressive Activities

El Paso Community College supports the free exchange of ideas, including freedom of speech and expression. The College upholds and abides by the First Amendment to the Constitution of the United States:

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

Texas Senate Bill 2972 (SB 2972), also known as the Campus Protection Act, amended Section 51.9315 of the Texas Education Code, which is Texas's campus free speech law. The legislation is intended to balance open expression with institutional order and safety, while ensuring transparency in campus policies that govern campus speech and assembly. In compliance with SB 2972, which became effective on September 1, 2025 (applicable beginning with the 2025-26 academic year), EPCC has implemented the following guidance:1

  1. Definitions

    1. "Expressive Activities" means any speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution, and includes assemblies, protests, speeches, the distribution of written material, the carrying of signs, and the circulation of petitions. The term does not include:

      1. commercial speech;
      2. defamation;
      3. unlawful harassment;
      4. incitement to imminent unlawful activity;
      5. obscenity; or
      6. threats to engage in unlawful activity.
    2. "Student Organization" includes any organization that is composed mostly of students enrolled at an institution of higher education and that receives a benefit from the institution.
    3. "Class Hours" means any time in which instruction is scheduled in accordance with the published academic schedule for the given academic year.

  2. Key Updates

    1. Designated Public Forum

      1. SB 2972 protects expressive rights for students and employees of EPCC and recognizes freedom of speech and assembly as central to the mission of higher education institutions. Institutions must allow expressive activities in common outdoor areas, as long as it is lawful and does not materially or substantially disrupt operations.
      2. In accordance with Tex. Educ. Code § 51.9315(d-1), only areas formally designated by EPCC are considered "Public Forums". Accordingly, EPCC has designated its common outdoor areas, such as lawns, courtyards, and walkways, as "Public Forums," consistent with the First Amendment to the United States' Constitution, the Texas Constitution, the laws of this State, and Board Policy FLA — Student Rights and Responsibilities: Student Expression and Use of College Facilities and Board Policy DGC—Employee Rights and Privileges: Employee Expression and Use of College Facilities.
      3. EPCC may adopt reasonable time, place and manner restrictions on speech and expression if those are: (a) narrowly tailored to serve a significant institutional interest; (b) content- and viewpoint neutral; (c) clearly published; and (d) provide ample alternative means of expression; and (e) allow members of EPCC community to assemble or distribute written material without a permit or other permission from the institution.

    2. Eligibility to Engage in Expressive Activity

      1. Enrolled students and employees of EPCC are permitted to engage in expressive activities, in the common outdoor areas of EPCC freely, subject to reasonable restrictions. Specifically, the expressive activity: (i) must not be "unlawful"; and (ii) must not "materially and substantially disrupt the functioning of the institution." See, Tex. Educ. Code § 51.9315(c).
      2. Faculty and student organizations are allowed to invite speakers as discussed in more detail below.

  3. Permitted Activities
    In accordance with Tex. Educ Code § 51.9315:

    1. EPCC students and employees are allowed to engage in Expressive Activities on campus, including responding to the Expressive Activities of others. See, Tex. Educ Code § 51.9315(f)(1).

    2. EPCC students and employees are permitted to invite speakers to speak on campus. See, Tex. Educ Code § 51.9315(f)(1).

      1. In determining whether to approve a speaker to speak on campus or in determining the amount of a fee to be charged for use of the EPCC's facilities for purposes of engaging in expressive activities, EPCC may consider:

        1. only content-neutral and viewpoint-neutral criteria related to the needs of the event, such as the proposed venue and the expected size of the audience;
        2. any anticipated need for campus security;
        3. any necessary accommodations; and
        4. any relevant history of compliance or noncompliance by the requesting student organization or faculty member with the institution's policy adopted under Subsection (f) and any other relevant policies; and
      2. EPCC may not consider any anticipated controversy related to the event. See, Tex. Educ. Code § 51.9315(h)

  4. Prohibited Activities
    In accordance with Tex. Educ. Code § 51.9315(f)(2) the following is prohibited:

    1. Using a sound amplifying device while engaging in Expressive Activities on campus during Class Hours that:

      1. Intimidate others;
      2. Interfere with campus operations; or
      3. Interfere with an EPCC employee's or peace officer's lawful performance of a duty.

    2. Engaging in expressive activities in the common outdoor areas of the institution's campus in a manner that materially and substantially disrupts the functioning of the institution;

    3. Camping or setting up tents or other living accommodations on campus;

    4. Wearing a disguise or other means of concealing a person's identity while engaging in Expressive Activities on campus with the intent to:

      1. obstruct the enforcement of the institution's rules or the law by avoiding identification;
      2. intimidate others; or
      3. interfere with an institution employee's or a peace officer's lawful performance of a duty;
    5. Lowering the U.S. or Texas flags to raise other flags;
    6. In addition, EPCC will not take action against a Student Organization or deny the organization any benefit generally available to other Student Organizations at the institution on the basis of a political, religious, philosophical, ideological, or academic viewpoint expressed by the organization or of any expressive activities of the organization. See, Tex. Educ Code § 51.9315(g).

  5. Identification Requirement
    Students and employees participating in Expressive Activities on EPCC's campuses are required to present valid EPCC College identification upon request by an institution official who is engaging in official duties. Tex. Educ. Code § 51.9315(f)(5)

  6. Sanctions

    1. Students who unduly interfere with the Expressive Activities of others on campus or violate a related institution policy or state law are subject to disciplinary action, up to and including explosion from EPCC.
    2. Student Organizations who unduly interfere with the Expressive Activities of others on campus or violate a related institution policy or state law are subject to disciplinary action, up to and including revocation of organizational status.
    3. Employees who unduly interfere with the Expressive Activities of others on campus or violate a related institution policy or state law are subject to disciplinary action, up to and including termination of employment.

EPCC remains committed to supporting a safe and respectful environment for dialogue and expression, while complying with applicable law. These updated guidelines ensure that expressive activities can continue in a way that supports EPCC's mission and maintains a safe, orderly campus for all. Nothing in this policy may be construed to limit or infringe on a person's right to freedom of speech or expression protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution. Tex. Educ. Code § 51.9315(l).

The (Executive Director of Student Life) or designee will monitor free speech events or demonstrations that take place in designated Public Forums in coordination with the El Paso Community College Police Department (EPCC PD).

If you feel physically threatened by someone else's expressive activity, call 911 or contact the EPCC PD at:

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1 Tex. Educ. Code §51.9315 includes the following provisions, which are not included herein because on October 14, 2025, Senior United States District Judge, David Alan Ezra, determined that these provisions are likely unconstitutional, in violation of the First Amendment of the U.S. Constitution, as to "expressive activities," defined by Tex. Educ. Code 51.91315(a)(2): (1) Texas Educ. Code §§51.9315(f)(2)(B)(ii) ("End of Term Invited Speaker Ban"); (2)§51.9315(f)(2)(B)(iii) ("End of Term Amplified Sound Ban"); (3) §51.9315(f)(2)(B)(iv) ("End of Term Drum Ban"); §51.9315(f)(2)(F)("Overnight Expression Ban"). The law explicitly states that "nothing in this section may be construed to limit or infringe on a person's right to freedom of speech or expression protected by the First Amendment to the United States Constitution, or by Section 8, Article I, Texas Constitution". EPCC has, therefore, determined that, in the abundance of caution, until there is a final court decision on the constitutionality of these provisions, they will not be enforced at EPCC, as the courts have found that "enforcement of an unconstitutional law is always contrary to the public interest." However, EPCC will closely monitor the court decision(s) on this issue and will update as necessary, to comply with applicable law.