The First Amendment does not have a bedtime of 10:00 p.m. The burden is on the government to prove that its actions are narrowly tailored to achieve a compelling governmental interest. It has not done so.
— Western District of Texas Judge David Ezra in a recent decision finding that a Texas law barring otherwise protected speech on campus by students is likely unconstitutional, and granting plaintiff student groups an injunction from the enforcement of the statute. The law prohibited expressive activities from 10 p.m. to 8 a.m., with additional restrictions during the last two weeks of the academic term. Ezra noted the statute contradicts itself by instructing universities to uphold the First Amendment but mandating the schools “adopt policies that violate those very constitutional protections.”
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