A district judge ruled Tuesday that the University of Texas (UT) system's new protest rules limiting “expressive activity” after 10 p.m. are unconstitutional.
Reagan appointee Judge David Alan Ezra said the rule was too vague and could be used to prohibit religious activities such as an evening or early morning Easter church service, since songs and prayers could be classified as subversive. The lawsuit was brought by the Fellowship of Christian Students at the University of Texas at Dallas, Young Americans for Freedom and several music groups.
“The First Amendment does not provide for a bedtime of 10 p.m.,” Ezra wrote in the court’s opinion. “The government has the burden of proving that its actions are narrowly aimed at achieving a compelling government interest. It has failed to do so.”
Michigan State University students and other community members attend a prayer service for those killed and injured at the university on February 14, 2023 in East Lansing, Michigan. (Photo by Scott Olson/Getty Images)
UT has implemented a new restrictions in response to a condition law In June, legislation was passed requiring universities to adopt “reasonable restrictions on the time, place and manner of expressive activity by students and employees of an institution in common outdoor areas of an institution’s campus.” However, the bill requires that the restrictions be “narrowly tailored to satisfy significant institutional interests,” something the court argued the UT rules failed to achieve.
The law also requires state universities to prohibit the use of amplified sound to intimidate others or disrupt university operations. UT policy states that “Drums or other musical or percussive instruments” may in some cases be considered disruptive and therefore prohibited.
The judge's order temporarily stops the system from enforcing the policy.
The university system did not respond to the Daily Caller News Foundation's request for comment.
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