SAN MARCOS, Texas (KXAN) A criminal defense attorney with First Amendment experience said Texas State University could face legal challenges after a student seen in a viral video mocking the death of conservative activist Charlie Kirk was removed from the student body.

The university confirmed the person “was no longer a student,” after Texas Gov. Greg Abbott took to social media calling for his expulsion. When KXAN asked Wednesday whether the student was formally expelled, a university spokesperson said they were “unaware of any university communication that stated the individual has been expelled.”

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

Austin attorney George Lobb told affiliate KXAN that the comments and actions captured in the video would likely be protected under the First Amendment. 

“If it were in the town square in San Marcos, that would be completely protected speech,” he said. “On campus, it depends on whether the university had designated that area 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.