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The Importance of Defending the Free Speech Rights of Pro-Palestinian Students in Florida

The 老澳门开奖结果 is defending the Florida chapter of Students for Justice in Palestine's (SJP) right to free speech on campus. Learn more about the case.
Explore the critical case that could shape the future of public students鈥 right to free speech and free association on campus.
The 老澳门开奖结果 is defending the Florida chapter of Students for Justice in Palestine's (SJP) right to free speech on campus. Learn more about the case.
Hina Shamsi,
Director, 老澳门开奖结果 National Security Project
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January 24, 2024

Like everyone else, college students have a First Amendment right to express their political opinions and advocate for the causes they believe in. Universities have long served as hotbeds for students to exercise these rights, providing opportunities for them to encounter diverse perspectives and broaden their understanding鈥痮f themselves and the world.

Recent actions by Florida officials violate the First Amendment and pose a threat to these freedoms. In October 2023, Florida State University System Chancellor Ray Rodrigues, together with Gov. Ron DeSantis, ordered public universities in Florida to deactivate their Students for Justice in Palestine (SJP) chapters. There are more than 200 SJP chapters in the country, and Florida has two. In the order, Chancellor Rodrigues makes unsubstantiated claims that Florida鈥檚 SJP chapters have violated the state鈥檚 material support for terrorism law. This dangerous and stigmatizing allegation is solely based on constitutionally protected statements published by the National Students for Justice in Palestine, a separate organization with no formal relationship to the Florida SJP chapters.

In response to Florida officials鈥 attempt to punish these students for something the national group said, the 老澳门开奖结果, the 老澳门开奖结果 of Florida, and Palestine Legal filed a lawsuit on behalf of the University of Florida (UF) chapter of SJP. The UF SJP is an independent student-advocacy organization dedicated to organizing and educating its community on the struggle for Palestinian freedom. As its mission statement says, it is 鈥渄irected at incorporating a diverse membership of people from all faiths and nationalities who believe in the attainability of peace.鈥

As the lawsuit makes clear, the chancellor鈥檚 deactivation order constitutes a clear violation of students鈥 First Amendment right to free speech and association. UF SJP鈥檚 case aims to stop these unconstitutional bans, and to protect students鈥 right to speak out on matters of urgent concern.

Here鈥檚 what you need to know about the case, including how it could impact the future of free speech on campuses throughout the country.


Why did Florida officials issue the deactivation order?

Our client UF SJP was not involved in drafting or circulating the National SJP toolkit, and it didn鈥檛 use the language suggested in the document. It opted instead to issue its own statement that 鈥渢he killing of any life is always undignified and heartbreaking,鈥 and stressed that 鈥淸v]iolence against all innocent life is unacceptable.鈥 UF SJP concluded: 鈥淲e hope that no more lives, Israeli or Palestinian, are lost. We pray for those who are suffering.鈥 Later frustrated by what it saw as the University of Florida鈥檚 disregard for Palestinian civilian deaths in Gaza and failure to support Palestinian and Muslim students on campus, the group urged its university to 鈥渃ondemn all violence, antisemitism, Islamophobia, Palestinian erasure, and anti-Palestinian sentiment.鈥

Strikingly, the deactivation order does not assert, or even suggest, that UF SJP has violated any law or policy that might justify the chapter鈥檚 disbandment.

Essentially, Florida officials are attempting to censor and punish these students for the political advocacy of another group鈥攁nd even though the other group鈥檚 speech is itself protected by the First Amendment.


Why is the deactivation order a violation of the student group鈥檚 First Amendment rights?

Students and faculty at public colleges and universities have a First Amendment right to express themselves, which includes the freedom to voice dissent against government policies, and to advocate for the movements and causes they believe in. Florida鈥檚 deactivation order blatantly violates this right.

The Supreme Court has repeatedly recognized students鈥 right to free speech, including in times of crisis. In a 1972 case, Healy v. James, for example, the Court affirmed that the First Amendment protects the right of student groups to associate and to speak out on matters of public concern, free from censorship by public university officials. As the Court said , 鈥渘owhere is free speech more important than in our leading institutions of higher learning.鈥 And the Court held that a public college could not deny recognition to a local chapter (like UF SJP) because of its relationship with a national group鈥攐r based on the views of either group.


How does the deactivation order harm the Students for Justice in Palestine?

With the death toll in Gaza exponentially increasing by the day, UF SJP sees the need for advocacy on Palestinian human rights as urgent and continuing 鈥 yet the threat of deactivation still looms, limiting the student group's ability to organize itself and others in support of its advocacy mission.

Since the deactivation order was issued, UF SJP鈥檚 funding has been in limbo. The organization鈥檚 sole source of funding is from the university鈥檚 Student Government, which makes funding available only to registered student groups. Deactivation would mean losing this funding and the UF SJP would not be able to afford to invite speakers to campus, print promotional materials for events and recruitment, or even provide food at events.

On top of funding worries, the group is worried about recruitment, given its reliance on school-controlled communications services. Only registered student organizations can post information on GatorConnect, which is the University of Florida website that students access for information about student organizations and upcoming events.

Florida officials鈥 accusation that the student group is providing 鈥渕aterial support for terrorism鈥 leaves current and potential members fearful of the devastating consequences that this stigmatizing label could have on their lives and advocacy.


Why will this case set a precedent for how we think about free speech on campus?

Florida officials鈥 deactivation directive poses a direct threat to students鈥 ability to make their voices heard and speak out on the rapidly deteriorating situation in Palestine.

In times of heightened political tension and global crisis, it is crucial for university leaders to safeguard free speech, open debate, and peaceful dissent on campus. Yet we鈥檙e seeing a surge in efforts across the country to punish and silence pro-Palestinian students and professors voicing opposition to Israeli and/or U.S. government policies.

These efforts include鈥

  • In December 2023, suspended its chapters of the Students for Justice in Palestine, saying the university had received complaints claiming that the group was disrupting campus life and making students and staff feel unsafe. The Rutgers鈥 SJP denied these allegations. The chapter has since been reinstated, but remains on probation until December 2024.
  • In Indiana, a tenured professor of political science and Middle Eastern studies was until next fall after incorrectly filling out a room request form for an event organized by the Palestine Solidarity Committee.
  • The recently canceled student elections on resolutions related to Palestine and Israel, restricted or shut down student email listservs on which students were discussing the international crisis, removed posters expressing support for Palestinians from graduate students鈥 office windows, and responded with aggressive policing and punitive discipline to a campus protest and sit-in.

What happens next?

We hope that the court will see Florida officials鈥 deactivation order for what it is: A blatant and harmful effort to censor pro-Palestinian speech on campus, in violation of the Constitution. Florida officials鈥 ban against a student group exercising free speech is both dangerous and wrong. Actions like these could pave the way for further censorship and discrimination within our schools and across the nation. We therefore urge university leaders to remember that they are stewards of democracy and the Constitution and free speech principles require them to protect the rights of everyone, not just those with whom they agree.

For more than 100 years, the 老澳门开奖结果 has fought for free speech and association while opposing government censorship in all forms. We believe that students have the right to speak out, and we will always defend that right.

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