cross-posted from: https://lemmy.world/post/30989415
Texas lawmakers trying to muzzle campus protests have just passed one of the most ridiculous anti-speech laws in the country. If signed by Gov. Greg Abbott, Senate Bill 2972 would ban speech at night — from study groups to newspaper reporting — at public universities in the state.
Ironically, the bill builds on a previous law passed in 2019 meant to enshrine free speech on Texas campuses. But now, lawmakers want to crack down on college students’ pro-Palestinian protests so badly that they literally passed a prohibition on talking.
Just to be clear, limiting free speech is already allowed to a degree. The Supreme Court has long ruled that it’s legal to constrain the right to expression based on time, manner, and place restrictions, so long as those restrictions are content neutral, serve a legitimate public need, and are minimally restrictive to serve that need.
This law absolutely does not qualify. I’m sure they will argue it served some bullshit need to prevent disruption to campus activities, issues with policing, pubic safety, etc. But there is no chance that restricting all 1st amendment expression on a college campus for nearly 12 hours a day serves any legitimate public need in the least restrictive manner to serve that need. It will certainly be struck down as unconstitutional by a sensible judge somewhere along the way.
But the problem is that this law is not the goal. They want a judge to strike it down. They are trying to make the legitimate acts of the judicial out to be some sort of overreach on the will of Trump and conservative states. And even when it does get ruled against, they just have to keep appealing until they get to the Supreme Court and let the right wing nuts redefine our 1st amendment rights to suit their desires. Even if this particular law doesn’t survive their decision, you can bet your ass that they will set new precedent with the case that will fundamentally weaken free speech rights for all.