(NEW YORK)–PEN America applauds a federal district court’s preliminary injunction of parts of a Texas law restricting campus speech.
“The idea that the First Amendment right to free speech could be circumscribed within waking hours is absurd. States cannot pick and choose when they respect constitutional rights,” said Elly Brinkley, staff attorney at PEN America. “This ruling is a welcome victory for free speech at a moment when free speech is under attack, especially on college campuses.”
The law, passed in reaction to student protests against the war in Gaza, imposed sweeping restrictions on campus speech, most concerningly a ban on “expressive activities” between 10 p.m. and 8 a.m. “The First Amendment does not have a bedtime of 10:00 p.m.,” the district court held. “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.” The ruling also strikes down other provisions of the law that limit speech during the final two weeks of the semester.
While this ruling is a victory for free expression and enjoins some of the most egregious provisions of the statute, other provisions remain in effect, including those directing university administrators to designate free speech zones and prohibiting encampments.
PEN America has previously spoken out against this statute, writing in July that “the breadth of the restrictions in the anti-protest law, coupled with the heightened scrutiny of campus leaders, will pressure them to err on the side of overenforcement, especially against ideas unpopular with the law’s supporters.”
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Malka Margolies, [email protected], 929-383-1856