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Click here for the full text of this decision FACTS:The defendant was arrested for criminal trespass after he ignored five requests from Sam Houston State University’s dean to move to a designated free-speech area to continue the debate he was having with 30 to 40 students over abortion, and then refused to leave the property altogether. The dean told the defendant that the campus had a time, place and manner restriction for on-campus free speech. He also told him that he was concerned for the defendant’s safety, and the safety of the students, because they were talking near a construction site. The defendant appeals his conviction, arguing the evidence is legally insufficient, that the criminal trespass statute was unconstitutionally applied, that the trial court erred in refusing to instruct the jury on probable cause, and that the trial court erred by refusing to allow his attorney to question prospective jurors about their views on abortion. HOLDING:Affirmed. The court first addresses the constitutional issue, finding that the constitution does not require the government to freely grant access to all who wish to exercise their free speech rights on every type of government property without regard to the nature of the property or the disruption it would cause. The court examines the forum the defendant wanted to use to advance his speech to determine if it was a quintessentially public form, a limited or designated public forum, or a non-public forum. Individual First Amendment rights are slightly different for each type of forum. The court agrees with the appellant’s contention that the SHSU campus was either a public or limited public forum. The court disagrees, however, that the university’s time, place and manner restrictions applied only to parades, demonstrations or rallies. The policy, the court finds, refers to those activities, but also to activities of “all other persons and groups,” directing them to the “Free Expression Area” during the week from 8 a.m. to 5 p.m. The court goes on to say that the criminal trespass statute’s purpose is not to regulate speech. The purpose is to remove people who have refused prior requests to leave the property. There is no evidence the defendant was asked to move to the free expression area because of the content of his message. The court next upholds the legal sufficiency of the evidence, noting that the defendant ignored five requests to move to the designated area before being asked to leave altogether, a request he also ignored. The court finds there was no need for a jury instruction on probable cause because there was no dispute about the facts leading up to his arrest. As for the questions the defendant wanted to ask on voir dire, the court finds that the defendant’s trial objection does not match his argument on appeal. At trial, he asked the venire panel generally if they would be biased against him because of his anti-abortion views. On appeal, he argues he was not allowed to ask the jurors about their individual views on abortion. Additionally, the jurors at trial, by their silence, indicated they would not be biased. OPINION:Anderson, J.; Yates, Anderson and Hudson, JJ.

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