Question
The administration of State University is considering a policy that would establish a free speech zone for students. The proposed site is a lecture hall that typically has been reserved for classes. The policy would establish the following conditions for access to the free speech zone. First, to avoid any appearance of the university endorsing religion, student expression must avoid any discussion of religion. Second, to facilitate the orderly use of the facility and universal access to the amplification system, each speaker must adhere to a ten-minute rule in which to make comments at the microphone if other speakers are waiting, but speakers are not limited in the number of times they can speak so long as they wait for additional turns at the microphone. Third, speakers must avoid any speech that is obscene. The proposed policy defines obscenity as “any speech that is sexually explicit.”
Discuss any constitutional grounds upon which the ordinance may be challenged. Provide appropriate references to the Constitution text, Supreme Court case law, and specify all elements of constitutional tests used.