Tag: Texas

  • Jailed for basic journalism, Texas reporter takes free speech fight to Supreme Court

    Jailed for basic journalism, Texas reporter takes free speech fight to Supreme Court

    For years, Priscilla Villarreal has fought to hold officials accountable when they violate Americans’ First Amendment rights, including the Laredo officials who threw her in jail just for asking police to verify facts as part of her everyday news reporting. 

    Priscilla sued, and last fall, the Supreme Court gave her a shot at justice, granting her petition and ordering the U.S. Court of Appeals for the Fifth Circuit to reconsider Priscilla’s case against the officials who tried to turn routine journalism into a felony.

    But in April, a divided Fifth Circuit doubled down, holding the Laredo officials had qualified immunity, a doctrine that often shields government officials from lawsuits even when they violate the Constitution. In his dissent, one judge lamented that the court had simply reinstated what it “mistakenly said before, just in different packaging.”

    So Priscilla and FIRE are doubling down, too. We’re heading back to the Supreme Court, asking it to make crystal clear that Americans have every ability to hold officials accountable for violating core First Amendment rights — like the right to ask government officials questions, and publish what they share.

    That’s exactly what Priscilla has been doing for years, reporting on local crime, traffic, and other news for her 200,000 Facebook followers. She’s made a name for herself too. The New York Times describes her as “arguably the most influential journalist in Laredo.”  But despite her experience, her journey from Laredo, a city on the Mexican border, to the Supreme Court has been a long one.

    In 2017, she reported on a high-profile suicide and a fatal car accident. For both stories, Priscilla received tips from private citizens and verified those facts by asking a Laredo police officer. The First Amendment squarely protects this routine journalistic practice. After all, at the heart of the First Amendment is the freedom to ask government officials and institutions questions, even tough ones.

    Angered by Priscilla’s reporting on these incidents, Laredo officials tried to bully her into silence by arresting her. But with no legitimate basis on which to charge her with a crime, police and prosecutors turned to a decades-old statute that no local official had ever enforced. 

    That law makes it a felony to ask for or receive non-public information from a government official with the intent to benefit from that information. Laredo police and prosecutors pursued two warrants for Priscilla’s arrest under the statute. In short, Priscilla went to jail for basic journalism. 

    So in 2019, she sued the officials for violating her First and Fourth Amendment rights. As Judge James Ho later remarked in his dissent at the Fifth Circuit, it “should’ve been an easy case for denying qualified immunity.”

    But it hasn’t been. A Texas federal district court dismissed her claims on the basis of qualified immunity. A three-judge panel of the Fifth Circuit reversed that decision, denying qualified immunity. But when the whole Fifth Circuit reheard the case at the government’s request, it reversed the panel ruling in a splintered 9-7 decision.

    In 2024, Priscilla and FIRE took her fight to the Supreme Court for the first time. The Court granted Priscilla’s petition to review the Fifth Circuit’s decision and ordered it to reconsider her case in light of the Supreme Court’s 2024 decision, Gonzalez v. Trevino. That decision affirmed the ability to sue government officials when they retaliate against protected speech by selectively enforcing statutes.

    But last April, a splintered Fifth Circuit decided against Priscilla again, granting qualified immunity to the officials who defied longstanding Supreme Court precedent and core principles of American liberty by orchestrating her arrest.

    The Fifth Circuit’s ruling not only denies Priscilla justice, but gives police and prosecutors a free pass to turn core First Amendment rights into a crime. That result cannot stand. And that’s why Priscilla and FIRE are going back to the Supreme Court.

    Priscilla’s fearless reporting has made her a local “folk hero.” Now, she’s channeling the same grit into defending not just her own rights, but the First Amendment rights of all Americans.

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  • Austin Community College Joins Fight Against DOJ and Texas

    Austin Community College Joins Fight Against DOJ and Texas

    Civil rights groups have been piling on to intervene in the recent Texas court case that ended in-state tuition for noncitizens living in the state. Now Austin Community College and a Texas undocumented student are joining the effort to defend the now-defunct law.

    College officials worry they’ll lose students and revenue if undocumented students’ tuition prices suddenly skyrocket. Austin Community College is the first Texas college to try to join the lawsuit.

    The Texas Dream Act, which allowed noncitizens who grew up in the state to benefit from in-state tuition, was overturned last month after the Department of Justice sued Texas over the law. The state didn’t fight back and instead sided with the DOJ mere hours after the legal challenge. A week later, the Mexican American Legal Defense and Educational Fund, a Latino civil rights organization, filed a motion on behalf of a group of Texas undocumented students to intervene in the lawsuit. The group argued the swift resolution of the DOJ’s legal challenge denied those affected any chance to weigh in, so the students should become intervenors, or a party to the case, and have their day in court.

    Other groups quickly followed MALDEF’s lead. Since last week, the American Civil Liberties Union of Texas, the Texas Civil Rights Project, Democracy Forward and the National Immigration Law Center have joined the fight, representing the activist group La Unión del Pueblo Entero, the Austin Community College District’s Board of Trustees and Oscar Silva, a student at University of North Texas. The groups filed emergency motions on their behalf to intervene in the lawsuit and get relief from the judgment that killed the law. If these legal efforts are successful, a case so quickly open and shut by Texas and the DOJ could be reopened.

    Austin Community College board chair Sean Hassan said in a news release from the Texas ACLU chapter that college officials deserved to have their say on the policy shift.

    “Employers and taxpayers are looking to community colleges to produce a sufficient number of highly skilled graduates to meet workforce needs,” Hassan said. “If legislation or court decisions will impact our ability to meet these expectations, we should have a seat at the table to help shape responsible solutions. The action by our board asks the court to ensure our voice is heard.”

    Calculating the Costs

    In court filings, Austin Community College leaders argue that the institution will lose revenue because of the abrupt end of the Texas Dream Act. They estimated that about 440 students will see their tuition rates quadruple, and as a result, hundreds of students will stop out and prospective students will avoid enrolling in the first place. College leaders also argued in the motion to intervene that the need for scholarships will rise, putting extra financial pressure on the community college.

    They cited other potential costs as well, including setting up new processes to identify and notify noncitizen students of tuition rate changes and ramping up public relations efforts so the college can continue to “market itself as an accessible, inclusive, and affordable institution for all Texas high school graduates,” despite the policy change.

    “The loss of these students will have a cascading effect on campus life, academic programs, and student support services,” Austin Community College chancellor Russell Lowery-Hart said, according to court filings.

    The motion also detailed how Silva, the student, would likely have to withdraw from his joint bachelor’s and master’s program at the University of North Texas if he lost his in-state tuition benefits. He was expected to graduate next spring. Silva has lived in Texas since the age of 1 and attended Texas K–12 schools.

    “The Texas Dream Act means everything to me,” Silva said in the ACLU of Texas news release. “This law has made my education possible. Without it, college would’ve been out of reach for me as a first-generation college student.”

    The motion comes after Wynn Rosser, commissioner of higher education for the Texas Higher Education Coordinating Board, sent out a June 18 memo directing colleges and universities to determine which of their students are undocumented and need to be charged higher tuition starting this fall.

    Trouble Over Timelines

    Texas, the DOJ and civil rights groups have since been haggling over how fast the U.S. District Court should move in response to the new motions.

    The civil rights groups want a decision soon. But, in a joint submission to the court on June 30, the Trump administration and Texas argued emergency motions were uncalled-for and the legal proceedings shouldn’t be expedited, though they acknowledged the intervenors raised issues “which merit response.”

    “Expediting responses to intervenors’ motions would only serve [to] put the United States and Texas at a disadvantage, having to brief and respond to intervenors’ myriad of arguments in a drastically shorter timeframe than would otherwise be necessary, and would do nothing to help intervenors expedite any potential relief,” the response read.

    But the civil rights groups representing Austin Community College and other intervenors weren’t having it. On July 1, they asked that the court deny the request.

    The attorneys argued that the state and the federal government moved quickly to resolve the DOJ’s lawsuit and end the Texas Dream Act, but “when asked to respond on an expedited basis to the consequences of their actions and the imminent harm raised” by the motions, “the parties balk, insisting that the court should postpone its consideration of these motions until well past the point when the looming harms become irreversible.”

    That same day, Judge Reed O’Connor gave the Trump administration and Texas until July 14 to respond to the motion to intervene, which aligns with their requested timeline. He also delayed briefings on the motions to stay the judgement and for relief until he rules on the motion to intervene.

    As this fight plays out in Texas, the DOJ is targeting other states that offer in-state tuition benefits to undocumented students. Last month the Trump administration filed similar lawsuits in Kentucky and Minnesota, which have yet to be resolved.

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  • Texas Students Make Gains in Reading but Struggle with Math, STAAR Scores Show – The 74

    Texas Students Make Gains in Reading but Struggle with Math, STAAR Scores Show – The 74


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    Texas’ students saw some wins in reading but continued to struggle to bounce back from pandemic-related learning losses in math, state testing results released Tuesday showed.

    Elementary students who took the State of Texas Assessments of Academic Readiness exam this year made the biggest gains in reading across grade levels. Third graders saw a three percentage point increase in reading, a milestone because early literacy is a strong indicator of future academic success. Progress among middle students in the subject, meanwhile, slowed.

    “These results are encouraging and reflect the impact of the strategic supports we’ve implemented in recent years,” said Texas Education Agency Commissioner Mike Morath. “We are seeing meaningful signs of academic recovery and progress.”

    This year’s third grade test takers have benefited from state investments in early literacy in recent years. Teachers in their classrooms have completed state-led training in early literacy instruction, known as reading academies. The state also expanded pre-K access and enrollment in 2019.

    Morath did acknowledge students needed more help to make similar gains in math. Five years after pandemic-related school closures, students are still struggling to catch up in that subject, the results showed. About 43% of students met grade-level standards for math, a 2 percentage point increase from the previous year, but still shy of the 50% reached in 2019.

    Low performance in math can effectively shut students out of high-paying, in-demand STEM careers. Economic leaders have been sounding the alarm about the implications that weak math skills can have on the state’s future workforce pipeline.

    The STAAR exam tests all Texas public school students in third through eighth grade in math and reading. A science test is also administered for fifth and eighth graders, as well as a social studies test for eighth graders. Science performance improved among fifth and eighth grades by 3 and 4 percentage points respectively, but students in those grades are still below where they were before the pandemic.

    Students in special education also made small gains. English learners, meanwhile, saw drops in all subjects but one — a 4% decrease in reading, a 2% decrease in math, and a 2% decrease in social studies.

    The test scores give families a snapshot of how Texas students are learning. School accountability ratings — which the Texas Education Agency gives out to each district and campus on an A through F scale as a score for their performance — are also largely based on how students do on the standardized tests.

    The test often casts a shadow over classrooms at the end of the year, with teachers across the state saying they lose weeks of valuable instructional time preparing children to take the test. Some parents also don’t like the test because of its high-stakes nature. They have said their kids don’t want to go school because of the enormous pressure the hours-long, end-of-year test puts on them.

    A bill that would have scrapped the STAAR test died in the last days of the 2025 legislative session. Both Republican and Democratic legislators expressed a desire to overhaul STAAR, but in the end, the House and Senate could not align on what they wanted out of an alternative test.

    Legislators this session did approve a sweeping school finance package that included academic intervention for students who are struggling before they first take their STAAR test in third grade. The package also requires teachers get training in math instruction, mirroring existing literacy training mandates.

    Parents can look up their students’ test results here.

    Graphics by Edison Wu

    This article originally appeared in The Texas Tribune, a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.


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  • After Texas, DOJ Targets Kentucky’s In-State Tuition Policy

    After Texas, DOJ Targets Kentucky’s In-State Tuition Policy

    Undocumented students and immigrant advocacy organizations are still reeling after Texas, earlier this month, swiftly sided with a U.S. Department of Justice lawsuit against its policy of permitting in-state tuition for undocumented students. The two-decade-old law, which Republican state lawmakers had recently tried and failed to quash, was dismantled within a matter of hours in a move some critics called collusive.

    Now the DOJ is employing the same strategy all over again—this time in Kentucky. The department filed a complaint in U.S. District Court for the Eastern District of Kentucky on Tuesday challenging the in-state tuition policy for undocumented students. The lawsuit, which names Democratic governor Andy Beshear, Commissioner of Education Robbie Fletcher and the Kentucky Council on Postsecondary Education, takes issue with a policy that allows graduates of Kentucky high schools who live in the state, regardless of citizenship, to access in-state tuition benefits.

    “No state can be allowed to treat Americans like second-class citizens in their own country by offering financial benefits to illegal aliens,” U.S. attorney general Pamela Bondi said in a statement. “The Department of Justice just won on this exact issue in Texas, and we look forward to fighting in Kentucky to protect the rights of American citizens.”

    Beshear is trying to distance himself from the legal battle. Crystal Staley, communications director for the governor’s office, said in a statement that the office hasn’t been served with a lawsuit, nor did it receive advance notice or hold prior conversations with the department about the regulation. She emphasized that the in-state tuition policy was established by the Kentucky Council on Postsecondary Education more than a decade ago.

    “Under Kentucky law, CPE is independent, has sole authority to determine student residency requirements for the purposes of in-state tuition, and controls its own regulations,” Staley wrote. “The Governor has no authority to alter CPE’s regulations and should not be a party to the lawsuit.”

    The Kentucky Council on Postsecondary Education also only became aware of the lawsuit Wednesday morning and reported that afternoon that it had not yet been served legal documents.

    “Our staff General Counsel is reviewing pertinent federal laws and state regulations at this time to determine next steps,” Melissa Young, the council’s communications senior fellow, wrote in an email to Inside Higher Ed.

    As of Wednesday evening, no new developments in the case had taken place, but Kentucky attorney general Russell Coleman, a Republican, indicated in a statement to Inside Higher Ed that his office planned to support the lawsuit.

    “Preserving in-state tuition for our citizens at the commonwealth’s premier public universities is important to fostering Kentuckians’ potential and encouraging a vibrant state economy,” Coleman said in the statement. “Our Office will support the Trump Administration’s efforts to uphold federal law in Kentucky.”

    As in Texas, a group of Republican lawmakers proposed legislation earlier this year to prevent noncitizens in Kentucky from qualifying as residents and accessing in-state tuition benefits. But the bill didn’t proceed further.

    The new lawsuit heightens fears among undocumented students’ advocates that the Trump administration could target in-state tuition policies across the country, which help undocumented students in 23 states and D.C. pay for college when they can’t access federal financial aid. Advocates also worry the Trump administration could continue to sue red states to secure policy wins desired by both Republican state lawmakers and the federal government. (In Kentucky, Republicans control the attorney general’s office and the State Legislature.)

    Monica Andrade, director of state policy and legal strategy at the Presidents’ Alliance on Higher Education, predicted after the Texas lawsuit, “This might only be the beginning, and there might be future actions that extend beyond Texas.”

    Now she worries she’s been proven right.

    Pushback in Texas

    The move in Kentucky comes as undocumented students and civil rights organizations are fighting back in Texas.

    The Mexican American Legal Defense and Educational Fund, a Latino civil rights organization, filed a motion on behalf of undocumented students in Texas to intervene in the DOJ lawsuit. The motion argues that the speed at which Texas and the DOJ came to an agreement and the judge closed the case provided no opportunity for a hearing or for the public to weigh in.

    “Our federal courts are public agencies,” said Thomas A. Saenz, president and general counsel at MALDEF. “They’re supposed to undertake their work in the public eye. The two parties and the court did all of this behind closed doors in one afternoon, without setting a public hearing … That is a complete abuse of the judicial system.”

    “To come up with a consent judgment like that, they had to have been planning this for weeks,” he said. “Every Texan should be offended if something their legislators passed and then never repealed was so easily killed by the attorney general acting in collusion with the Department of Justice.”

    MALDEF is representing unnamed affected students, including three DACA recipients: a third-year biomedical science student at the University of Texas Rio Grande Valley who is planning to pursue medical school, a student earning a master’s in higher education at University of Houston who was planning to apply to Ph.D. programs and a master’s student in clinical mental health counseling at the University of North Texas.

    “She cannot afford to pay out-of-state tuition and will likely be forced to drop out of her program,” the motion says of one student.

    The goal is for the student group to become a party in the lawsuit so that it can appeal the decision. Texas and the federal government have until early July to oppose MALDEF’s motion to intervene, but if the judge denies an intervention, MALDEF could appeal that decision as well.

    Andrade said that what MALDEF is doing could possibly be replicated in other states if the DOJ challenges more in-state tuition laws, though some states might face different challenges that require different approaches. For example, Republican lawmakers in Arizona included a provision in their House budget, approved June 12 by the House Appropriations Committee, that colleges can’t use public money to reduce tuition for noncitizens, The Arizona Capitol Times reported. Some cited the Texas lawsuit.

    The Presidents’ Alliance is in “close coordination with legal, with advocacy and institutional partners to explore—whether it’s immediate or longer-term—actions that we can take” to prepare for different kinds of attacks, Andrade said. “Folks in the states where we’re having conversations, their laws comport with federal law. But given everything that’s been going on, that doesn’t mean that folks should not be preparing for any type of challenge.”

    The organization is also trying to advise Texas undocumented students who are “scrambling,” in the absence of any state guidance to higher ed institutions as to when the tuition rate change goes into effect and to whom the shift applies. It’s unclear, for example, whether students with DACA or Temporary Protected Status are included.

    “We’re telling students to continue to take their classes and do not make any drastic changes based on this,” Andrade said.

    TheDream.US, a scholarship provider for undocumented students, is also gearing up to help Texas students find more affordable programs if they can’t pay their colleges’ out-of-state tuition prices. MALDEF predicted some students’ costs would increase up to 800 percent—in some cases, from $50 to $450 per credit hour.

    Gaby Pacheco, president and CEO of TheDream.US, said the organization is prioritizing helping students connect with online programs, because many live in Texas border towns, where commuting to a more distant college could require having to cross immigration control checkpoints.

    In the meantime, Texas institutions and students are embroiled in “confusion and uncertainty and chaos” as they await more information, she said.

    Daniel I. Morales, an associate professor of law and Dwight Olds Chair at University of Houston Law Center, said what happened in Texas is the latest example of a national trend: the “absolute erasure” of state and local issues in favor of the administration’s priorities.

    Morales said two decades ago, Texas’s in-state tuition policy was born out of Republican governor Rick Perry’s recognition of “the reality locally in Texas, that we have an enormous undocumented population that is enormously productive if given the opportunity to go to college,” which benefits the state economy. But now, state lawmakers fear risking their career trajectories if they don’t prioritize partisan national interests, he said.

    He doesn’t know what’s going to happen in Kentucky. But if it goes the way of Texas and the attorney general files a joint motion with the DOJ, civil rights organizations such as MALDEF would have to be the ones to fight it, with students as the plaintiffs, he said.

    “Students, if they don’t have the resources to pay out-of-state tuition, they don’t have the resources to litigate, either,” at least not on their own, he said. “There’s very little recourse.”

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  • Counslr Launches in Texas to Increase Access to Mental Health Support for Staff and Students

    Counslr Launches in Texas to Increase Access to Mental Health Support for Staff and Students

    New York, NY –  Counslr, a leading B2B mental health and wellness platform, announced today that it has expanded its footprint into the State of Texas starting with a partnership with Colorado Independent School District (ISD) in Colorado City, TX. This partnership will empower students and staff to prioritize their mental health by enabling them to access unlimited live texting sessions with Counslr’s licensed and vetted mental health support professionals, who are available on-demand, 24/7/365 and also utilize the app’s robust and curated wellness resources. By increasing accessibility to Counslr’s round-the-clock support, Colorado ISD aims to empower those silent sufferers who previously did not or could not access care, whether due to cost, inconvenience, or stigma.

    Texas is facing a critical mental health care crisis, with over 95% of its counties officially designated as Mental Health Professional Shortage Areas. This alarming statistic underscores the severe lack of access to mental health services across the state, particularly in rural, border, and frontier communities. This resource scarcity underscores the urgent need for additional resources and innovative solutions to bridge this critical care gap for school communities.

    “We’re excited to partner with Counslr to bring innovative, accessible mental health resources to our school community,” said Alison Alvarez, Family and Community Engagement Coordinator, of Colorado ISD. “This partnership empowers our 6-12 grade students and staff with the support they need to thrive—both in and out of the classroom.”

    As factors such as academic pressures, social media influence, burnout and world events contribute to an increase in mental health challenges for young people, schools throughout the country are recognizing the growing need to offer more accessible, prevention-focused resources. A recent study found that digital mental health apps like Counslr can play an important role in expanding access to mental health support, especially for school communities. Most users turned to Counslr through on-demand sessions, showing just how valuable it is to have someone available in the moment when support is needed most. Interestingly, more than 80% of sessions happened between 7 PM and 5 AM, a time when traditional counseling services are usually unavailable. This suggests that Counslr helps fill a critical gap, offering students and school community members a reliable way to talk to licensed counselors around the clock. The app was also used for a wide range of concerns, highlighting its potential to meet diverse mental health needs through both immediate and scheduled support.

    “As we expand across the country, we’re proud to partner with new school communities to ensure that every student, regardless of location or background, has access to the mental health support they deserve,” said Josh Liss, Counslr CEO. Adding that, “With most of Counslr’s users being first-time care seekers, we’re excited to help reach those traditionally unreachable, who need help but do not or cannot access it, no matter where they are located.”

    ABOUT COUNSLR

    Counslr is a text-based mental health support application that provides unlimited access to robust wellness resources and live texting sessions with licensed professionals, 24/7/365. Users can access support on-demand within two minutes of opening the app, or by scheduled appointment. Through real-time texting, users enjoy one-on-one, private communication with a licensed counselor that can be conducted anytime, anywhere. Counslr was designed to help individuals deal with life’s day-to-day issues, empowering individuals to address concerns while they are “small” to help ensure that they stay “small”. Counslr partners with organizations of all shapes and sizes (companies, unions, nonprofits, universities/colleges, high schools, etc) so that these entities can provide Counslr’s services to their employees/members/students at no direct cost. For more information, please visit www.counslr.com.

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  • No more in-state tuition for undocumented students in Texas

    No more in-state tuition for undocumented students in Texas

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    Dive Brief:

    • A federal judge on Wednesday signed off on a joint motion from the U.S. Department of Justice and Texas to strike down the state’s 24-year-old law offering in-state tuition rates to undocumented students.
    • Texas Attorney General Ken Paxton called the law a “discriminatory and un-American provision” in a statement and claimed victory for the court order holding it to be unconstitutional.
    • The change, effective immediately, will likely affect tens of thousands of Texas students. One report estimated that 59,000 undocumented students in the U.S. attended Texas colleges in 2021. 

    Dive Insight:

    More than two decades ago, the Texas Legislature passed a bipartisan bill removing immigration status as an eligibility factor for in-state tuition. If an undocumented student attended a Texas high school, graduated or received a GED and met “the minimum residency, academic, and registration criteria,” they could enroll at a public state college at the in-state rate.

    Then-Gov. Rick Perry signed the bill into law, making Texas the first state with such a policy.

    Since then, 24 states and Washington, D.C., have enacted policies that allow undocumented students to attend at least some public colleges at in-state rates. Florida’s law is set to be revoked effective July 1.

    DOJ sued Texas over its policy on Wednesday, with U.S. Attorney General Pam Bondi arguing that it illegally offered undocumented students benefits not provided to all U.S. citizens.

    “The Justice Department will relentlessly fight to vindicate federal law and ensure that U.S. citizens are not treated like second-class citizens anywhere in the country,” she said in a statement.

    Texas voiced support for DOJ’s lawsuit soon after it was filed. But in the short time prior to U.S. District Judge Reed O’Connor’s sign-off, student advocates questioned the legal standing of DOJ’s allegations.

    “To suggest that undocumented students are receiving benefits denied to citizens is false and misleading,” Monica Andrade, director of state policy and legal strategy at The Presidents’ Alliance on Higher Education and Immigration, said in a Wednesday statement.

    “In fact, any U.S. citizen who meets the same criteria — such as attending and graduating from a Texas high school — qualifies for in-state tuition. These requirements apply regardless of immigration status,” she said.

    Gaby Pacheco, president and CEO of the undocumented youth advocacy group TheDream.US, called the lawsuit “harmful and self-defeating for the future of Texas.” 

    Average in-state costs for Texas public colleges are below the national average, $8,195 versus $9,750 in 2022-23, respectively, according to the Education Data Initiative

    But for out-of-state students, tuition is significantly higher. At the University of Texas-Austin, for example, out-of-state students paid $48,712 in 2024-2025, compared to $13,576 for state residents.

    Prior to Bondi’s lawsuit, the Texas Legislature this session had considered a bill to repeal in-state tuition eligibility for undocumented students. The proposal, which did not advance, would have also required such students who had already received in-state tuition to pay the difference within 30 days of being notified or risk having their diplomas withheld. 

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  • Texas lawmakers shelve SLAPP bills that would have allowed the rich and powerful to sue critics into silence

    Texas lawmakers shelve SLAPP bills that would have allowed the rich and powerful to sue critics into silence

    Good news for Texans who like their speech free. Three bills that would have gutted speech protections under the Texas Citizens Participation Act are officially dead in the water.

    At the start of the 2025 legislative session, FIRE teamed up with the Protect Free Speech Coalition — a broad coalition of civil liberties groups, news outlets, and other organizations that support free speech in Texas — to fight these bills. 

    The TCPA protects free speech by deterring frivolous lawsuits, or SLAPPs (strategic lawsuits against public participation), intended to silence citizens with the threat of court costs. 

    SLAPPs are censorship disguised as lawsuits. And laws like the TCPA are a vital defense against them.

    The first bill, HB 2988, would have eroded the TCPA by cutting its provision of mandatory attorney fees for speakers who successfully get a SLAPP dismissed. 

    That provision ensures two very important things.

    First, it makes potential SLAPP filers think twice before suing. The prospect of having to pay attorney’s fees for suing over protected speech causes would-be SLAPP filers to back off.

    Second, when a SLAPP is filed, mandatory fees ensure the victim can afford to defend their First Amendment rights. They no longer face the impossible choice between self-censorship and blowing their life savings on legal fees. Instead, they can fight back, knowing that they can recover their legal fees when they successfully defend their constitutionally protected expression against a baseless lawsuit.

    Even though the Constitution — and not one’s finances — guarantees the freedom to speak out about issues affecting their community and government, making TCPA fee-shifting discretionary would have undermined that freedom for all but the most deep-pocketed Texans. 

    FIRE’s own JT Morris testified in opposition to HB 2988 when it received a hearing in the Judiciary & Civil Jurisprudence committee.

    The other two bills — SB 336 and HB 2459 — would have made it easier for SLAPP filers to run up their victim’s legal bills before the case gets dismissed, thereby putting pressure on victims to settle and give up their rights. 

    Since last fall, FIRE has been working with the Protect Free Speech Coalition to oppose these bills. We’ve met with lawmakers, testified in committee, published commentary, and driven grassroots opposition.

    All three bills are now officially dead for the 2025 legislative session, which ends today. That means one of the strongest anti-SLAPP laws in the country remains intact and Texans can continue speaking freely without fear of ruinous litigation.

    Make no mistake: SLAPPs are censorship disguised as lawsuits. And laws like the TCPA are a vital defense against them. That defense still stands. And the First Amendment still protects you and your speech on important public issues — no matter how much money’s in your wallet.

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  • Don’t let Texas criminalize free political speech in the name of AI regulation

    Don’t let Texas criminalize free political speech in the name of AI regulation

    This essay was originally published by the Austin American-Statesman on May 2, 2025.


    Texans aren’t exactly shy about speaking their minds — whether it’s at city hall, in the town square, or all over social media. But a slate of bills now moving through the Texas Legislature threatens to make that proud tradition a criminal offense.

    In the name of regulating artificial intelligence, lawmakers are proposing bills that could turn political memes, commentary and satire into crimes.

    Senate Bills 893 and 228, and House Bills 366 and 556, might be attempting to protect election integrity, but these bills actually impose sweeping restrictions that could silence ordinary Texans just trying to express their opinions.

    Take SB 893 and its companion HB 2795. These would make it a crime to create and share AI-generated images, audio recordings, or videos if done with the intent to “deceive” and “influence the result of an election.” The bill offers a limited safeguard: If you want to share any images covered by the bill, you must edit them to add a government-mandated warning label.

    But the bills never define what counts as “deceptive,” handing prosecutors a blank check to decide what speech crosses the line. That’s a recipe for selective enforcement and criminalizing unpopular opinions. And SB 893 has already passed the Senate.

    Vague laws and open-ended definitions shouldn’t dictate what Texans can say, how they can say it, or which tools they’re allowed to use.

    HB 366, which just passed the House, goes even further. It would require a disclaimer on any political ad that contains “altered media,” even when the content isn’t misleading. With the provisions applying to anyone spending at least $100 on political advertising, which is easily the amount a person could spend to boost a social media post or to print some flyers, a private citizen could be subject to the law.

    Once this threshold is met, an AI-generated meme, a five-second clip on social media, or a goofy Photoshop that gives the opponent a giant cartoon head would all suddenly need a legal warning label. No exceptions for satire, parody or commentary are included. If it didn’t happen in real life, you’re legally obligated to slap a disclaimer on it.

    HB 556 and SB 228 take a similarly broad approach, treating all generative AI as suspect and criminalizing creative political expression.

    These proposals aren’t just overkill, they’re unconstitutional. Courts have long held that parody, satire and even sharp political attacks are protected speech. Requiring Texans to add disclaimers to their opinions simply because they used modern tools to express them is not transparency. It’s compelled speech.

    Besides, Texas already has laws on the books to address defamation, fraud and election interference. What these bills do is expand government control over how Texans express themselves while turning political expression into a legal minefield.

    Fighting deception at the ballot box shouldn’t mean criminalizing creativity or chilling free speech online. Texans shouldn’t need a lawyer to know whether they can post a meme they made on social media or make a joke about a candidate.

    Political life in Texas has been known to be colorful, rowdy and fiercely independent — and that’s how it should stay. Vague laws and open-ended definitions shouldn’t dictate what Texans can say, how they can say it, or which tools they’re allowed to use.

    The Texas Legislature should scrap these overbroad AI bills and defend the Lone Star state’s real legacy: fearless, unapologetic free speech.

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  • How it Could Impact Schools Nationwide – The 74

    How it Could Impact Schools Nationwide – The 74


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    This story was originally reported by Nadra Nittle of The 19th.

    “A direct assault on the Texas public education system.”

    That’s how social justice groups like the Texas Freedom Network are describing the passage of a bill that would create a $1 billion school voucher program in the state. The Texas House passed Senate Bill 2 early Thursday, with support from Gov. Greg Abbott, who has championed school vouchers. These taxpayer-funded subsidies divert money away from public schools, allowing families to use them to cover their children’s tuition at private or religious schools.

    “This is part of a coordinated strategy to dismantle public education statewide and nationally, since Donald Trump literally called Republicans and told them that they had to vote yes on this voucher scheme,” said Emily Witt, spokesperson for the Texas Freedom Network, a grassroots organization of religious and community leaders. “Republicans have done a very coordinated job of framing this as something that it’s not. It’s certainly not ‘choice.’ It’s going to really devastate a lot of public schools and rural communities here in Texas.”

    The voucher bill’s passage has been characterized as a win for both Abbott and Trump. Abbott tried unsuccessfully to get voucher legislation passed in 2023. Trump, in January, issued an executive order directing the education secretary to explore ways to route federal funding to states and families interested in school choice initiatives, which give students the option to attend their preferred public, private, charter or religious school. Critics of vouchers, a controversial way to facilitate school choice, worry that they take away valuable resources from public schools. They also argue that private schools may exclude students with disabilities or who are LGBTQ+ or have LGBTQ+ parents. Students from low-income or rural areas may also struggle to access private school, as may those from certain ethnic groups or religious backgrounds. The voucher program does not guarantee students admission to private schools.

    The approval of a voucher program in the nation’s second most populous state could create a ripple effect across the United States, where the voucher movement has gained momentum in recent years in places like Arizona, Arkansas, Florida and Wisconsin — often with the help of billionaire backers. The Texas bill next goes to the state Senate, where lawmakers in each chamber are expected to work out the disparities in their voucher plans such as how much money participants should get and which participants should be prioritized.

    “It is absurd for Gov. Abbott and his pro-voucher allies to claim that a diversion of $1 billion in tax funds to private schools over the next budget cycle will not hurt our underfunded public schools, where the vast majority of our students will remain,” Ovidia Molina, president of education labor organization the Texas State Teachers Association, said in a statement. “That voucher drain will increase to $3 billion by 2028 and more than $4 billion by 2030 if this voucher bill becomes law, the Legislative Budget Board projects.”

    Texas Gov. Greg Abbott sits before President Donald Trump arrives to speak at an education event and executive order signing in the East Room of the White House in Washington, Thursday, March 20, 2025. (Ben Curtis/AP Photo)

    In Texas, most students attend public schools, with an estimated 6 percent enrolled in private schools. Rural communities overwhelmingly attend public schools because of the dearth of private schools in such areas. Accordingly, voters in the country have typically opposed school vouchers, perceived as vehicles to help families in cities send their kids to private school. Even with the school voucher program, experts do not expect private schools to be inundated with new students from public schools.

    “Most kids are still going to have to be served by public schools,” Witt said. “We do know that in other states where vouchers have passed, that most of the kids using those vouchers already were in private schools.”

    While vouchers have been promoted as a way to help low-income families choose a quality education for their children, the subsidies often aren’t large enough to cover the tuition and fees associated with a private school education. The school voucher program the Texas House just approved is generous, as it will give families who qualify up to about $10,000 per child. The average K-12 private school tuition in Texas is over $11,000, with tuition for schools that specialize in special education topping $19,000 and elite institutions reaching as high as $40,000. Parents would need to make up the difference for tuition costs that vouchers don’t cover, a move critics of the subsidies say is out of reach for disadvantaged families.

    “So it’s still going to benefit mostly wealthy families,” Witt said. “Let’s say that it does cover the cost of tuition. It’s not going to cover extracurriculars. It’s not going to cover transportation. Private schools are not required to offer free transportation to and from school like public schools are, and they also don’t have to accept every child.”

    Religious institutions, she said, could turn away students who don’t belong to the faith affiliated with the school. A private school could accept a student with a disability only to discharge them later if the school doesn’t have the resources to educate that child or is no longer interested in doing so.

    “They could essentially reject a child that they feel just doesn’t meet the culture of their school,” Witt continued. “That could be because a child comes from a low-income family. It could be because they’re not White. It could be because they’re LGBTQ or their parents are LGBTQ or not married.”

    Private schools also don’t have to use standardized tests, like the State of Texas Assessments of Academic Readiness (STAAR), used in public schools to track student progress. The GOP-run Texas House, she said, rejected an amendment that would have required private schools to use standardized testing to measure student outcomes just as public schools do.

    “I don’t know how we’ll see if this program works and how it benefits kids, especially kids with disabilities,” she said.

    House Republicans tabled 44 amendments to the legislation, including one that would have led to a referendum on school vouchers in November, effectively blocking voters from deciding the issue.

    The bill is an additional blow as public schools slash programs and raise class sizes under a budget crunch, Molina said in her statement.

    “Texas already spends more than $5,000 less per student than the national average, ranking Texas 46th among the states and the District of Columbia,” she said. “The school finance bill also approved by the House will not come close to ending the state’s financial neglect of public education. The House’s $395 increase in the basic allotment, which hasn’t been increased in six years, will provide only a third of what is needed to cover districts’ losses from inflation alone.”

    Supporters of the voucher program may not be happy with it a year from now, Witt predicts. In 2022, Arizona passed its universal school voucher program. It covers expenses related to private school tuition, homeschooling and related academic needs, but now the program faces a backlash as the costs associated with it have led to questions about oversight and funding for public schools.

    “Republicans have sold people a lie,” Witt said. “They’ve said repeatedly that it won’t harm public schools, and there’s just no way that it won’t. And I do think that’s their goal. I genuinely think that their goal is to eliminate public education, and this is the first step there. A year from now, people are going to see that the neighborhood schools in their communities are shuttering or having to cut resources for students, and they’re going to be really upset. And I think that there’s going to be hell to pay at the ballot box.”


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