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hn_acker 2 days ago

> You can't go to court (usually) on a hypothetical. You usually need someone who has been actually affected. That can't happen until the law actually takes effect (September).

I think a Texas college or a student of one could bring a facial challenge to this law before it goes into effect. The following two excerpts of S.B. 2972 [1] (the second one consisting of spliced fragments) should be enough to demonstrate that the law would inevitably, not hypothetically, restrict a student's freedom of speech:

> "Expressive activities" means any speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution

`Each institution of higher education shall adopt a policy detailing... rights and responsibilities regarding expressive activities at the institution. The policy must... prohibit... engaging in expressive activities on campus between the hours of 10 p.m. and 8 a.m.`

[1] https://legiscan.com/TX/text/SB2972/2025

AnimalMuppet 2 days ago | parent [-]

Oh, I agree that it's blatantly unconstitutional. I'm just not sure that a court will accept a facial challenge. Once someone's been arrested, though, a court is going to have a hard time turning it away.

In the ideal world, there would be a facial challenge and a temporary restraining order on implementation of the law, pending the challenge being finally decided. I'm just not sure that it will happen that way (or that quickly).