Texas State has updated its freedom of speech policy to comply with Gov. Greg Abbott’s March 27 order on anti-Semitism on college campuses.

Executive Order (EO) GA-44 requires Texas public universities to adopt the state of Texas’ legal definition of anti-Semitism in their free speech policies and to “establish appropriate penalties, including expulsion from the institution,” for students who violate the new policy.

Texas State’s new policy defines anti-Semitism as “a particular perception of Jews that can be expressed as hatred of Jews. The term includes rhetorical and physical acts of anti-Semitism directed against Jewish or non-Jewish individuals or their property or against Jewish community institutions and religious facilities.”

The university did not send out a notice to students before updating the free speech policy. The Texas State Young Democratic Socialists of America (YDSA) leadership said that not announcing the update is a way to stifle student protests and organizing for pro-Palestinian causes.

“If it was really to help Jewish students feel safer, you’d think they would have done initiatives like, ‘hey guys, we’re doing something,’ but they’re not, which tells us that this is not (in good faith),” said Marco Pena, YDSA’s director of political education.

According to Mike Wintemute, vice chancellor of marketing and communications for the Texas State University Systemthe changes to the free speech policy will not result in penalties for any speech or actions taken before the policy was updated.

Wintemute could not provide examples of possible punishments, citing that each case will have unique variables that determine whether the incident results in no discipline, a warning or other consequences.

“These are complex issues when you’re (talking about) the First Amendment,” Wintemute said. “For each example, there would be specific circumstances that I don’t want to speculate on.”

YDSA management expressed concern that potential penalties were on a case-by-case basis.

“It feels like we’re treading a fine line,” said Kristan Beluso, YDSA secretary. “That space gives us more freedom, but the university can only take (disciplinary action) from zero to 100.”

Chabad at Texas State’s Rabbi Ari Weingarten said he supports the order and believes it will protect the students in his organization.

“This will allow students and the Jewish Bobcats to feel safe on campus and continue their studies and their careers without interruption. The governor is ensuring a successful higher (educational) experience for the Jews,” Weingarten said in a previous interview with The Star.

According to YDSA management, they would challenge any disciplinary action their members receive for any future protests or other actions they take.

“I don’t think this order will limit any action on our part; we will definitely keep it in mind,” said Joseph Nativi, propaganda chairman of the YDSA.

According to Amy Sanders, associate professor at UT Austin and licensed attorney, hate speech is protected by the First Amendment.

“The United States has a long history of Supreme Court rulings protecting hateful and offensive speech, even if it’s directed at specific groups of people,” Sanders said.

Sanders said universities must enforce their free speech policies fairly across all groups. She said she believes Abbott did not write his order with neutral enforcement in mind.

“Constitutionally, I think the problem with Governor Abbott’s executive order is that it may be mandating that universities engage in conduct that may be unconstitutional,” Sanders said. “I think this order is clearly a political game. It’s designed to send a message.”