A criminal defense lawyer with expertise in First Amendment issues indicated that Texas State University might encounter legal hurdles after a student, who was highlighted in a viral video mocking conservative activist Charlie Kirk’s passing, was dismissed from the student body.

The institution acknowledged that the individual is “no longer a student,” following a social media post from Texas Governor Greg Abbott advocating for their removal. When questioned by KXAN on Wednesday about whether the student faced formal expulsion, a university representative stated they were “unaware of any university notification declaring the individual had been expelled.”

Abbott, however, posted to his X account Tuesday night saying, “That student is now expelled.”

Austin-based attorney George Lobb shared with KXAN’s affiliate that the remarks and behavior shown in the video are likely to be safeguarded by the First Amendment.

“If the situation occurred in San Marcos’s public square, it would fully encompass protected speech,” he explained. “On the campus grounds, it varies based on whether the university had designated that space as a free speech zone.”

“If he was in the zone, he’s good. If he were out of the zone, then he could be subject to discipline if he violated the code of conduct, Lobb said.

Lobb said the student could file a lawsuit against the university for violating his First Amendment rights. 

[The student] could both seek monetary and injunctive relief to prevent the university for expelling him,” Lobb said.