The University of Florida’s decision to revise its policy of scrutinizing faculty requests to participate as expert witnesses in public-policy litigation has led several UF professors to seek dismissal of their lawsuit against the university.
Six UF professors were involved in the lawsuit, which originally was filed in the Northern District of Florida in November 2021. Last month, the plaintiffs filed a motion for voluntary dismissal without prejudice, contending that the university’s change in policy in October made the litigation moot.
The policy that was challenged allowed unconstitutional “content and viewpoint discrimination” whenever faculty members sought permission to testify as expert witnesses in litigation involving Florida public policy, according to the motion to dismiss.
“The university has issued a new policy that states what all previous policies did not: viewpoint and content can play no role in assessing whether there is a conflict of interest from a faculty member serving as an expert witness,” the Dec. 28 motion states. “This new policy also now provides that requests to engage in expert testimony will generally be assessed only for a potential conflict of interest – not a conflict of interest – and that a professor generally does not need to seek approval before signing an amicus brief. …”
But the plaintiffs also intend to recoup their attorney costs and other legal fees relating to their efforts to defend their First Amendment rights, the motion says. That effort has caused the defendants, including the university’s Board of Trustees, not to stipulate to the dismissal of the case, according to the plaintiffs’ motion.
Complicating matters is that the defendants have appealed Judge Mark Walker’s previous imposition of a preliminary injunction against the former UF policy to the 11th Circuit.
The attorney for the professors, David A. O’Neil, confirmed that the university’s policy change was viewed as a legal win for the plaintiffs.
“This outcome is a resounding victory for the First Amendment and academic freedom, and it would not have been possible without the bravery of six professors who stood up for their rights,” O’Neil said in a statement emailed to the Florida Record. “We are pleased that the new conflict-of-interest policy will no longer be subject to the influence of Tallahassee politicians.”
The university’s change of mind will have a national impact on academic freedom, he said.
“This win sends a clear warning to public institutions and statehouses around the country that political interference has no place on the college campus,” O’Neil said.