Academic Freedom in Texas Higher Education is also a Latino Struggle
by
Angela Valenzuela, Ph.D.
July 9, 2026
I am grateful to see attention given to this important lawsuit challenging censorship in the Texas Tech University System. I also want to thank Lily Kepner for her tireless coverage of Texas education politics. My concern here is not with the messenger—far from it. We need more journalists willing to cover these consequential struggles with care and persistence. May her kind multiply.
My concern is that the issues named here—academic freedom, faculty governance, classroom censorship, LGBTQ+ rights, and the teaching of race, gender, and inequality—are urgent and consequential not only for Texas Tech, but for all of higher education in Texas.
That said, I want to gently but critically note an omission that matters. Latino communities, scholars, students, and organizations have been deeply and tirelessly involved in these very struggles across Texas—shoulder-to-shoulder with Black communities, LGBTQ+ communities, faculty organizations, civil rights groups, students, and other allies. These fights are not new to us. They are the same fights over curriculum, representation, Ethnic Studies, DEI, academic freedom, and the right of students to receive a truthful and complete education.
Indeed, many of us have researched, documented, testified, organized, and published on these issues for years, including the harms produced by SB 17, attacks on DEI, the chilling of race- and gender-conscious scholarship, and the broader dismantling of democratic governance in Texas higher education. Latina/o students and faculty are not peripheral to this story.
We are central to it.
That is why it is disappointing to see the article frame the issue almost exclusively through Black communities and Black professors, without also naming the Latino communities and scholars who are likewise targeted by these policies and who have been in the struggle from the beginning. In Texas, this omission is especially consequential.
Latina/o students make up a major share of the state’s public higher education population. Many of the programs, courses, histories, and pedagogies now under threat—Mexican American Studies, Latina/o Studies, Ethnic Studies, bilingual education, immigration studies, borderlands history, and critical policy research—speak directly to our communities’ lives and futures.
This is not a call to diminish the anti-Blackness at work in these attacks. Quite the opposite. Anti-Black racism must be named clearly and confronted directly. But in Texas, anti-Blackness, anti-Latino racism, anti-immigrant politics, anti-LGBTQ+ attacks, and hostility toward gender justice are intertwined in the same authoritarian project. The struggle for academic freedom is strongest when we name all of the communities whose knowledge, histories, and presence are being targeted.
So yes, this lawsuit matters. It deserves support. The chilling of faculty speech and the restriction of what students can learn should alarm everyone who cares about democracy.
But the public narrative should also reflect the full coalition of communities that has been fighting this fight. Latino communities are not bystanders. As reflected in this very blog, we are part of the intellectual, legal, pedagogical, and political resistance to censorship in Texas higher education—and have been for a very long time.
I guess if we had not worked so hard, this omission would not matter. It would simply be an incomplete news story. But that is far from the truth. To leave us unnamed is to miss a major part of the story of resistance itself.
And this is not about recognition for recognition’s sake. It is about accuracy, accountability, and coalition. When the state targets race, gender, sexuality, immigration, Ethnic Studies, and DEI, it is not targeting one community at a time. It is targeting the very conditions that allow multiracial democracy to exist in public higher education.
Professors' union sues Texas Tech System over LGBTQ, race teaching restrictions
A national professors' union and its Texas chapter are suing the Texas Tech University System’s chancellor and regents for restricting professors' ability to teach about LGBTQ identity, gender and race, according to a lawsuit filed Wednesday in federal court.
In April, he canceled all academic programs “centered on” sexual orientation and said professors “generally” cannot teach courses that include LGBTQ themes.
Wednesday’s lawsuit, filed by the American Association of University Professors and its Texas chapter, alleges that the decisions violate the First and 14th amendments and censor course discussion.
“This case presents an extraordinary system of censorship in higher education, in which professors in the Texas Tech University System are prohibited from teaching the most basic scholarship, while at the same time not fully comprehending the contours of prohibitions that place them under threat of losing their employment and livelihood,” lawyers for the professors' union wrote in the filing. “To make matters worse, professors cannot reasonably make sense of what is and is not prohibited, further chilling their classroom speech.”
Creighton said in a statement that the university system is confident its policies are “lawful and compliant.”
“Our commitment to academic integrity and the First Amendment rights of our students and faculty will not be distracted by lawsuits as we continue our mission to deliver rigorous academic programs, relevant coursework, and groundbreaking research,” Creighton said.
What do the policies restrict?
Creighton, who championed legislation restricting faculty input and diversity, equity and inclusion practices at universities during his time in the Texas Legislature, has said the restrictions ensure the Texas Tech University System provides “rigorous” and valuable degrees.
There is no law restricting what can be taught in Texas higher education. In 2023, Creighton authored Senate Bill 16, which would have restricted teaching that compels students to adopt beliefs that one race or sex is superior. The bill did not pass.
A higher education reform bill he authored, Senate Bill 37, succeeded in giving regents more power over curriculum and defanging faculty governance in 2025, but it did not include specific restrictions on race and gender. Initial drafts included those limitations.
Regardless, university systems have increasingly adopted policies to restrict what professors can teach after a Texas A&M University professor was fired at Gov. Greg Abbott’s urging for teaching about gender identity.
The viral fallout ultimately resulted in the president of Texas A&M stepping down, and the A&M System restricting courses that “advocate” for gender identity or race. Before Creighton was appointed, the Texas Tech University System banned teaching that there were more than two genders, and the University of Texas System also announced an audit of courses concerning gender identity.
The professors' union lawsuit specifically targets two decisions from Creighton that go further. In one of his first acts as chancellor, Creighton banned advocacy or promotion of race or sex-based “prejudice.”
In April, when he announced the cancellation of programs that teach sexual orientation, or gender identity, Creighton instituted a “strict prohibition on (sexual orientation or gender identity) content in all core and lower-level undergraduate courses,” and on “instruction that advocates for concepts of inherent racial or sexual superiority, inherent bias, or collective guilt.” That order did not apply to teaching about historical events tied to LGBTQ and civil rights.
The legal filing states Creighton’s orders are too vague, “chilling” any speech that has to do with LGBTQ identity, gender or race. The Texas Tech System provided guidance on its restrictions, but the suit maintains that the orders suppressed professors' academic freedom.
TJ Geiger, the vice president of the Texas Tech University AAUP chapter, said that the policies have led to confusion across campus, leading to self-censorship and “inconsistent” directives to professors on what they can teach. The limits ultimately hurt students, who “are not getting a full, accurate, and complete education” if professors are censoring their teaching, he said.
“It’s just been a really tumultuous time leading to what I’ve characterized as intellectual and professional triage,” Geiger said. “Our otherwise good work and effort that would have gone into teaching and research has been directed toward trying to figure out where the lines are in terms of what we’re supposed to say or not say.”
What is the lawsuit seeking?
The 84-page court filing asks a judge in the U.S. District Court for the Western District of Texas to prevent Creighton’s directives from being enforced.
Antonio Ingram, senior counsel at the Legal Defense Fund, a legal organization focused on racial justice that is representing the professors' union, said the restrictions have prevented professors at Texas Tech University’s medical school from teaching about health disparities based on race, and left law professors unsure about how to teach about legal victories for racial equality.
A spokesperson for Creighton did not immediately respond to the claims.
“These are targeting Black communities, Black professors,” Ingram said. “We want the federal court in El Paso to declare the memorandums unconstitutional based on First Amendment violations, based on vagueness, and based on its racial discrimination.”
This is a breaking story that will be updated.
July 8, 2026|Updated July 8, 2026 1:05 p.m.
HIGHER EDUCATION REPORTER
Lily Kepner started at the American-Statesman in October 2023. She has appeared on BBC, NPR and Texas Standard to talk about her coverage, which has spanned the impact of state laws and politics on the University of Texas, pro-Palestinian protests, free speech, the anti-DEI ban, LGBTQ student belonging and more. Kepner graduated with honors from Boston University's College of Communication in 2023, where she received the college's highest awards for writing and journalism leadership and led the award-winning student newspaper as Editor-in-Chief. In her time with the American-Statesman, she contributed to reporting that won an Edward R Murrow Award for breaking news, won the School Bell Award for Outstanding Feature from Texas State Teachers Association, and Critics Choice for Best of Austin in the Austin Chronicle. Previously, she has been published in USA Today, The Boston Globe, The National Catholic Reporter and GBH. Kepner is passionate about accountability and service journalism and encourages anyone to reach out to her to tell their story or share a tip.
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