Judge dismisses Florida pro-Palestinian student groups’ free speech lawsuits against DeSantis

A federal judge on Wednesday dismissed two free speech lawsuits brought by pro-Palestinian college student groups in Florida against Republican Gov. Ron DeSantis and his administration. The governor sent a memo to universities ordering them to suspend student organization activities in the wake of the October terrorist attacks. 7 massacres in Israel.

However, U.S. District Judge Mark Walker denied the students’ request for a preliminary injunction, stating that the memo sent by the board president on Nov. 9 had not been enforced and that “the record shows neither It has not been proven,” the court ruled. Nullification and criminal investigation are imminent. ”

Mr Walker also said the Prime Minister had acknowledged that the memorandum had “erroneously stated” that the pro-Palestinian student branch was affiliated with the National Justice Movement for Palestine (SJP), adding: “Therefore, the memorandum will no longer be It’s not even clear whether it will survive.” Apply to the plaintiff. ”

“This court finds that no action has been taken pursuant to the Chancellor’s Memorandum seeking annulment. does not intend to deactivate Plaintiff,” the judge wrote.

“Plaintiffs have not submitted documentary evidence showing that the University of South Florida has taken any action based on the president’s November 9 statement.”

Mr Walker also found there was no evidence that the students’ speeches had been “taunted” or that there had been any reputational damage.

In a statement, Brian House, a senior staff attorney at the American Civil Liberties Union (ACLU), called on the prime minister to remove the memo from his official website unless he intends to actually enforce it.

“Florida authorities have now notified us that they will return to court to defend our client’s First Amendment rights if they attempt to enforce the annulment order,” House said in a statement. “The Prime Minister should formally acknowledge that deactivation orders cannot be enforced by removing them from official websites.”

Howard Simon, interim executive director of the ACLU of Florida, echoed similar sentiments, saying, “The cease-and-desist order should be rescinded and should never have been issued, because it violates college students’ right to free speech and the university.” Because it infringes on the important role that America plays in American society.” A life in which all kinds of social issues are vigorously discussed without censorship. ”

The lawsuit represents a victory for DeSantis and comes at a time of heightened tensions on college campuses as schools seek to strike the right balance between free speech and protecting students.

In a double ruling, the judge argued that even if the student chapter was not at risk of being suspended (and therefore not entitled to uphold the preliminary injunction), the student chapter would still be subject to the governor’s He said he accepted that he had a reasonable concern that he would be targeted.

“This court finds that perhaps the most powerful governor in Florida has repeatedly disparaged plaintiffs’ members as “terrorists” who support “jihad,” and has repeatedly falsely claimed that their organization is “terrorist.” I do not blame the plaintiffs’ members for being concerned about the fact that they have been deactivated,” Walker wrote, referring to DeSantis’ comments about pro-Palestinian student organizations.

“However, this court has held that, even in the absence of any other evidence, the plaintiff’s claim was made simply because someone with great power made coercive statements that made college students fear hypothetical future harm.” Rejected counsel’s suggestion that the standing should be found to be sustained. Plaintiffs’ argument is that case law has effectively made the injury requirement resistant to First Amendment pre-enforcement challenges. “It extends beyond its established boundaries. This court is not free to transcend those boundaries,” he wrote.