[OneWingedShark]

The lawsuit is in Federal Court and the cause of action is based upon someone under the color of state law denying a right protected by the US Constitution.

The First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

How does Congress apply to the states via incorporation? Is there some sort of magic transformation that makes the text different when incorporated by the fourteenth amendment? Moreover, how is a restriction clearly upon the government applicable to a private institution? — I know it's a private institution because of other interesting legal discussions regarding rights more explicitly protected. — So, yeah, using the first amendment here is stupid because it sets up precedence on things that are obviously false.

[Mr. Lucky]

The court is hearing a lawsuit based upon a violation of 42 USC 1983. The judge based her ruling on the case actually in front of her.

[Svartalfiar]

How does "Congress" apply to the states via incorporation? Is there some sort of magic transformation that makes the text different when incorporated by the fourteenth amendment? Moreover, how is a restriction clearly upon the government applicable to a private institution? — I know it's a private institution because of other interesting legal discussions regarding rights more explicitly protected

Actually, there is a magic transformation with the 14th Amendment. The entire point of Section 1 is that the states aren't allowed to do what Congress can't. If you have an immunity/privilege at that federal level, well now you have it guaranteed at the state level as well.
Also, I haven't really looked into it, but I'm pretty sure the University of New Mexico is a public institution, at the state level... Unless NM sold their university system to some random rich dude?

[Political Junkie Too]

Incorporation of the Bill of Rights.

-PJ