Judge Rules Against University of Texas Protest Restrictions

A district judge determined on Tuesday that the University of Texas System’s new rules limiting “expressive activity” after 10 p.m. are unconstitutional.

Judge David Alan Ezra, who was appointed by President Reagan, expressed that these regulations were overly vague, potentially categorizing activities like singing or prayers as subversive. This, he noted, could lead to banning religious practices, such as holding church services early in the morning or evening on Easter. The lawsuit was initiated by groups including the Fellowship of Christian University Students at the University of Texas at Dallas, Young Americans for Liberty, and various music organizations.

“The First Amendment does not impose a 10 p.m. bedtime,” Ezra stated in his opinion. “It’s the government’s responsibility to demonstrate that its actions are narrowly tailored to fulfill a significant government interest. They have not met that burden.”

UT recently introduced features to limit activities based on a law passed in June, which mandates universities to impose “reasonable restrictions on the time, place, and manner of expressive activities of students and employees in outdoor common areas.” However, the court found that UT’s regulations do not align with the requirement for these limits to be “narrowly tailored to serve important institutional interests.”

Additionally, the law instructs state universities to prevent the use of amplified sound to intimidate others or disrupt operations. UT’s policy suggests that “drums or other musical or percussion instruments” could be deemed disruptive and, in some situations, banned.

The judge’s ruling temporarily halts the enforcement of this policy. As of now, the university system has not responded to requests for comments regarding the ruling.