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You Can’t Put The First Amendment To Bed – Above the Law


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.”