Is there a 3 hour time limit on free speech in Texas?
Is there anything in the First Amendment which only guarantees a right to freedom of speech for three hours or less? See, I bring this up because in Austin, Texas, a protest at the state capital was stopped because there was a three hour time limit on free speech. It was a small protest, so the three hour limit wasn't required for crowd control.Indeed, the law is interpeted to restrict the protest from the time the first protestor showed up with a sign, so anyone who came later can protest for less than three hours.
In fact, there was hardly a crowd, it looks like there wasn't even a dozen protestors. See, police can only put time and place restrictions on the First Amendment when it comes to balancing the rights of protestors vs.the free movement of non-protestors. But, non-protestors weren't harmed by a handful of protestors. So, any law which would restrict even a small group of protestors as at the Texas state capital, would violate the First Amendment.
The problem with challenging unconstitutional laws is that one must usually get arrested in order to begin a process of striking them down.Than you can hope to challenge through the appeals process it being constitutional. But why should a citizen get an arrest record if the government is violating the law? He or she shouldn't.
The government for one shouldn't write clearly unconstitutional laws in the first place, especially when it comes to our deeply cherished free speech rights. Also, what if a judge refuses to hear an appeal? You are risking a lot as a citizen exercising your rights while the politican who wrote the law, risks nothing. Except, us voting him/her out.