A professors' association is suing the Texas Tech University System and Chancellor Brandon Creighton, arguing that new directives governing what faculty can teach about race and sex amount to unconstitutional censorship.
The lawsuit, filed Wednesday in the U.S. District Court for the Western District of Texas, was brought by the Texas Conference of the American Association of University Professors and its national parent organization. The groups contend that two memoranda issued by Creighton restrict academic freedom, violate professors' free speech rights and are so vague that faculty cannot know what classroom discussions could put their jobs at risk.
"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," the complaint states.
Creighton, a former state senator who became chancellor of the Texas Tech University System in September 2025, previously chaired the Senate Committee on Education. He also authored Senate Bill 17, the 2023 law that eliminated diversity, equity and inclusion offices at Texas public universities.
According to the lawsuit, Creighton issued the first memorandum on Dec. 1. It prohibits faculty from promoting or inculcating a series of concepts related to race and sex, including that one race or sex is inherently superior to another, that individuals are inherently racist or sexist because of their race or sex, or that meritocracy and a strong work ethic are inherently racist, sexist or oppressive.
The memo also directs faculty to recognize only two sexes—male and female—citing state law and federal policy.
The lawsuit notes that the language closely resembles legislation Creighton sponsored in 2021 that imposed similar restrictions on instruction in Texas public K-12 schools.
A second memorandum established a review process for course materials to determine whether they comply with the directives.
The professors' groups argue the memoranda violate the First and Fourteenth Amendments, saying they chill speech, discriminate against Black people and fail to give faculty clear guidance about what is prohibited.
"The Creighton Memoranda are facially unconstitutionally vague because their language confuses educators about how they must follow or implement the guidance," the complaint states.
The lawsuit also alleges that the directives were issued "at least in part, with a racially discriminatory motive and purpose" and that they suppress classroom instruction about racism and the experiences of Black communities.
Texas Tech defended the policies in a written statement.
"The Texas Tech University System is confident its policies are lawful, constitutionally sound, and fully compliant with state and federal law," a system spokesperson said. "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."
The Texas Tech University System includes Texas Tech University, Texas Tech University Health Sciences Center, Angelo State University, Texas Tech University Health Sciences Center El Paso and Midwestern State University.
