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Topic: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes

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bayareabadger

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46970 on: July 16, 2025, 04:16:31 PM »
Odd news out of Texas.

They’re passing some kind of anti-protest bill. Part of it says you can’t do “expressive activities” on college campuses between 10 pm and 8 am.

Expressive activity includes “any speech or expressive conduct” protected by the First Amendment or Texas Constitution.

847badgerfan

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46971 on: July 16, 2025, 04:21:10 PM »
Odd news out of Texas.

They’re passing some kind of anti-protest bill. Part of it says you can’t do “expressive activities” on college campuses between 10 pm and 8 am.

Expressive activity includes “any speech or expressive conduct” protected by the First Amendment or Texas Constitution.
We kinda have something similar to that here.

Any violence or damage or threats and a protest will be broken up. That passed shortly after we moved here in 2020.
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utee94

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46972 on: July 16, 2025, 04:25:51 PM »
Is there really a need for protests/demonstrations on a college campus between 10 PM and 8 AM?

I think the events on college campuses around the country over the past couple of years prove that there is a legitimate safety concern involved in such demonstrations.  And many or even most college campuses in the state of Texas include housing for students, who have a reasonable expectation for protection and safety, in and around their places of residence.

Demonstrations would still be allowed during the day, and they're also allowed at City Hall and the State Capitol and pretty much every other public space.

bayareabadger

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46973 on: July 16, 2025, 04:50:40 PM »
Is there really a need for protests/demonstrations on a college campus between 10 PM and 8 AM?

I think the events on college campuses around the country over the past couple of years prove that there is a legitimate safety concern involved in such demonstrations.  And many or even most college campuses in the state of Texas include housing for students, who have a reasonable expectation for protection and safety, in and around their places of residence.

Demonstrations would still be allowed during the day, and they're also allowed at City Hall and the State Capitol and pretty much every other public space.

The odd part is the broadness of what’s described, being any first amendment protected activity, which is a fairly wide range of things.

(that also might make it textually unconstitutional, but that’s another matter)

bayareabadger

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46974 on: July 16, 2025, 04:59:26 PM »
We kinda have something similar to that here.

Any violence or damage or threats and a protest will be broken up. That passed shortly after we moved here in 2020.
That doesn’t sound like it’s about “speech or expressive conduct.”

utee94

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46975 on: July 16, 2025, 05:00:35 PM »
The odd part is the broadness of what’s described, being any first amendment protected activity, which is a fairly wide range of things.

(that also might make it textually unconstitutional, but that’s another matter)
Maybe it's not well-written, but I think it's pretty obvious they're trying to say, "you can't claim first amendment protection because we're prohibiting it in this specific location during this specific time window."

Which might be poorly worded and it might be unconstitutional, although I think the state has an interest in protecting the rights of the residents, and that the rights of the residents in this case supersede the rights of protestors.  All rights only extend to the point that they don't infringe on the rights of others, that's a pretty basic tenet in our society.


847badgerfan

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46976 on: July 16, 2025, 05:02:06 PM »
That doesn’t sound like it’s about “speech or expressive conduct.”
That's why I wrote "similar" in my statement.

I'm sure Texas is looking at the Florida law, which was litigated by the left.
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utee94

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46977 on: July 16, 2025, 05:04:53 PM »
That's why I wrote "similar" in my statement.

I'm sure Texas is looking at the Florida law, which was litigated by the left.
They're obviously targeting the style of campus protests that become violent, led to unsafe conditions for non-protesting students, and caused tremendous amounts of property damage, at other campuses around the country.

There are already laws against camping in public spaces, which was one way the state of Texas was able to prevent encampments and violence by demonstrators during the last round, when the authorities at other campuses either failed to do so, or chose not to do so.

This is pretty clearly an attempt to extend even further the capability for the protection of the safety of students and especially student residents, on those campuses.

847badgerfan

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46978 on: July 16, 2025, 05:09:06 PM »
Yep.
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SFBadger96

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46979 on: July 16, 2025, 05:14:18 PM »
I'm not a first amendment scholar, but I've got more than a passing knowledge of it. That sounds facially unconstitutional. I'm sure the courts will get a chance to weigh in.

utee94

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46980 on: July 16, 2025, 05:19:48 PM »
I'm not a first amendment scholar, but I've got more than a passing knowledge of it. That sounds facially unconstitutional. I'm sure the courts will get a chance to weigh in.
Time, place, and manner restrictions on public demonstrations have existed for a long time.  Not sure why you think this is not acceptable.

Personally, as a parent of a student who will be living on a college campus next year, I'm in favor of reasonable protections of her safety.

Nobody is telling protestors they can't demonstrate at all.  And nobody is telling them they can't demonstrate on college campuses.  Restricting such demonstrations to daytime only is perfectly reasonable IMO.  And if they want to demonstrate more openly, there are other places like City Hall and the State Capitol, where they may do so.

Of course, there's still a law against overnight camping on public grounds.  So encampments are going to be unacceptable regardless.

SFBadger96

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46981 on: July 16, 2025, 05:28:34 PM »
As I said, the courts will get their chance.

bayareabadger

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46982 on: July 16, 2025, 05:36:22 PM »
Maybe it's not well-written, but I think it's pretty obvious they're trying to say, "you can't claim first amendment protection because we're prohibiting it in this specific location during this specific time window."

Which might be poorly worded and it might be unconstitutional, although I think the state has an interest in protecting the rights of the residents, and that the rights of the residents in this case supersede the rights of protestors.  All rights only extend to the point that they don't infringe on the rights of others, that's a pretty basic tenet in our society.
If the government passes a law that has the ability to go far beyond what a charitable reader of it would say is the goal, I tend to look at it somewhat askew. Especially when it says, “broad constitutional rights have a bed time.”

I think it’s fine and good that a government tries to discourage specific lawless action. When it does so in broad and vague ways that leave a ton of room for overreach, that seems not ideal, especially because it trusts in the goodness of government employees to behave themselves.

Now, such a thing could probably be accomplished with a combination of any-camping rules and noise ordinances (I bet there’s something to deal with large gatherings that doesn’t run afoul of things). Strikes me as less over-broad.

It’s admittedly a little funny to me that we’re returning to the “free-speech zone” era. a bunch of libertarian organizations sued those out of existence, and that really good branding prevented people from understanding that most conservative-leaning folks (outside the hardcore libertarians) were probably in favor them.

utee94

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Re: OT-Politics Thread: please TRY to keep it civil, you damned dirty apes
« Reply #46983 on: July 16, 2025, 05:37:23 PM »
As I said, the courts will get their chance.
Maybe.  Maybe not.  On its face, it all seems pretty reasonable to me.  And I'm pretty familiar with the first amendment, as well.

Time, place, and manner restrictions allow the government to restrict these factors as long as they're non-discriminatory in their application, as long as they serve a state interest like public safety, and as long as there are alternative channels for the demonstrators to pursue their goals.  All of these requirements appear to be satisfied by this bill.


 

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