Higher Education Update: Academic Freedom Whiplash Across Texas Campuses 

One sign at a rally in support of Dr. Tom Alter in San Marcos last week. Courtesy of the Texas AFL-CIO.  

Texas higher ed is lurching through a turbulent stretch: a court-ordered reinstatement of a fired professor at Texas State, new classroom speech limits across the Texas Tech System, and the University of Texas System’s abolition of faculty senates. Each development lands differently, but together they point to the same through-line: shrinking space for shared governance and academic freedom, with ripple effects for campus climate, instruction, and student well-being.  

Here’s what Texas AFT members need to know, and what we’re watching next. 

Texas State University: Judge orders Professor Tom Alter reinstated (with pay) while case proceeds 

On Friday, Sept. 26, a Hays County district judge granted a temporary injunction reinstating tenured history professor Tom Alter after his Sept. 10 termination sparked national attention and a swift lawsuit arguing violations of his First and Fourteenth Amendment rights.  

Texas State must return Alter to payroll, though he will not resume teaching while the university conducts its internal process and the court case continues. 

Texas AFT welcomed the order as a needed reset to respect Alter’s right to due process. Our statement Friday night underscored that a court has “cleared the way” for reinstatement and emphasized that faculty discipline must follow established policy and law.  

Supporters of Alter, including faculty, students, and local union members, have framed the dispute as a bellwether for whether political litmus tests can be imposed on faculty speech. Local coverage since the ruling has captured that concern, noting Alter’s contention that the firing was political and violated Texas State’s procedures. 

Why it matters: The injunction doesn’t resolve the case; instead, it preserves the status quo while the legal proceedings and campus processes play out. But it is a clear reminder that tenure and due process are not window dressing; they are guardrails intended to protect independent scholarship and teaching, including speech that may be controversial.  

Texas Tech System: New memo chills discussion of gender identity 

Meanwhile, the Texas Tech University System issued systemwide guidance restricting classroom discussion of transgender and nonbinary identities. The memo, sent late last week, interprets state and federal law to effectively confine instruction to a binary understanding of sex and has been accompanied at some campuses by directives to remove pronouns from email and other signatures and scrub course content that references trans people. Faculty report confusion about what is “allowed,” and advocacy groups warn the policy is both unconstitutional and harmful to students. 

Inside Higher Ed reports that civil liberties organizations view Tech’s move as a “voluntary effort” to curtail protected faculty speech, a step beyond what any statute requires, and they note that the memo leaves key questions unanswered about courses in psychology, sociology, health, and history where gender identity is an academic subject.  

The Texas Tribune has similarly documented the fear and uncertainty the directive has created among faculty and students. 

Why it matters: Ambiguous speech rules are a feature, not a bug, when the goal is self-censorship. For union members, the immediate concerns are practical:  

  • What changes, if any, are you being directed to make to syllabi and instructional materials?  
  • Were those directives issued in writing, by whom, and citing what policy or law? 
  • What grievance or appeal avenues exist if academic judgment is overridden?  

Members at colleges and universities should gather documentation now and stay in contact with Texas AAUP-AFT and its campus chapters when directives contradict established academic freedom protections. 

University of Texas System: Faculty senates abolished, “advisory” structures to follow  

On Aug. 21, the UT System Board of Regents voted to abolish faculty senates across its institutions to comply with Senate Bill 37, which took effect Sept. 1. The board also approved tighter rules on campus protests. The system has since indicated it will stand up new, limited “advisory” mechanisms in place of senates; UT-Austin signaled this week that a new campus-level advisory structure is forthcoming. 

Faculty governance scholars warn that replacing elected senates with appointed or constrained advisory bodies strips meaningful shared governance from budgeting, curriculum, hiring, and academic policy, the very areas where faculty expertise is indispensable. Inside Higher Ed reported similar concerns statewide as multiple governing boards have moved to curtail or replace traditional senates. 

Why it matters: When shared governance shrinks, decisions move upward and outward, away from classrooms and toward boards, system offices, and political actors. That rarely yields better instruction, stronger retention, or improved research capacity.   

The broader pattern: Reviews, removals, and a climate of caution 

These headlines don’t exist in isolation. Over the past 18 months, Texas universities have shed staff dedicated to fostering diversity, equity, and inclusion, and shuttered units to comply with SB 17; UT-Austin alone cut around 60 positions last spring.  

In the last 48 hours alone, reporting indicates multiple systems, including UT and the University of North Texas, are launching course “reviews” in response to viral controversies, despite offering few details on criteria or due process. That haziness amplifies risk for instructors already trying to teach through culture-war crossfire. 

The through-line: Policy overreach + vague directives + dismantled governance = a recipe for confusion and chilled speech.  

Whether it’s a judge having to remind a university that its faculty have a right to due process (Texas State), a system memo narrowing classroom topics (Texas Tech), or a board dismantling faculty voice (UT System), the message to faculty is the same: be careful, say less, avoid the hard topics. 

How Our Union Is Responding 

Due process & tenure protections: We will continue monitoring Alter’s case at Texas State. Members facing discipline or directed changes to course content should contact their local union immediately and preserve all written communications.  

Classroom speech directives: If you receive guidance altering what you can teach, request it in writing with a citation to policy or law. Ambiguity is a red flag; together, our union will evaluate whether a directive conflicts with academic freedom rights or your contract, as well as what grievance paths exist. 

Shared governance replacements: We’ll continue to press for faculty-elected representation, clear scopes of authority, and transparent timelines as “advisory” models roll out. Members should log where previous senate roles (curriculum, hiring, policy review) are now housed and whether faculty input is binding or optional. 

Student impact: Policies that erase or sideline LGTBQ+ students harm real people in our classrooms. We’ll partner with student groups and civil liberties organizations to defend inclusive learning environments consistent with constitutional protections and professional standards. 

Bottom line: Texas AFT will continue to defend members’ rights in the classroom and in governance, insist on clear and lawful policies, and organize for campuses where truth-seeking, not political pressure, sets the agenda. 

Join Our Fight: If you’re a Texas school employee (K-12 or higher ed!), we invite you to join our union & our fight to thrive. Join online today.