Attorneys for Gov. Ron DeSantis and the State University System of Florida are calling on a federal judge to dismiss a First Amendment lawsuit brought by Palestinian student groups facing “deactivation” on Florida campuses.
The governor and board made the motions last month in the Northern District of Florida, in response to federal lawsuits filed by the Students for Justice in Palestine (SJP) groups at the University of Florida and University of South Florida. The defendants argue that the lawsuits don’t amount to clearly pleaded arguments of free speech violations.
The motion filed by DeSantis attorneys, which argues for the dismissal of the governor as a defendant, states that a memorandum issued by Chancellor Ray Rodrigues simply encouraged the two campuses to deactivate their student chapters of the National SJP to avert future antisemitic attacks on the campuses..
“The memorandum, however, did not order either Board of Trustees to take that action,” the motion states. “And neither has attempted to.”
The National SJP group disseminated toolkits embracing the Oct. 7 Hamas terrorist attacks against Israeli civilians, which let to the death, rape or torture of more than 1,400 Israelis, according to the motion. The national group’s actions encouraged college chapters to engage in disruptive or illegal actions, the motion says.
Another motion to dismiss the lawsuit filed by the Board of Governors and the chancellor claims the plaintiffs lack the standing to file their lawsuit and characterize it as a “shotgun pleading,” meaning a grouping of facts with no clear organization. That motion also alleges Chancellor Rodrigues is an improper defendant.
The ACLU of Florida, which is representing the plaintiffs in the litigation, stood by the allegations made by the student groups.
“Florida university officials are now trying to argue that they would not dream of violating their students’ First Amendment rights,” Howard Simon, the ACLU of Florida’s executive director, told the Florida Record in an email. “However, that’s exactly what their deactivation order does, and the threat of being deactivated is still hanging over these students' heads. We hope the court will make clear that the order is unconstitutional and cannot be implemented.”
The ACLU of Florida maintains that the state officials’ decision to try to punish the student chapters for their association with the National SJP group is a violation of the constitutional rights of free speech and free association.
“Florida’s students deserve leaders who understand that censoring political discussion is never the solution, and who will ensure that everyone on campus is able to safely and freely speak their minds on all issues,” Simon said.
ACLU of Florida officials have acknowledged that colleges had a difficult task in dealing with antisemitic threats and tensions in recent months. But they also add that pro-Palestinian student groups have been the target of calls for censorship over charges of “material support for terrorism,” with little supporting evidence.
The motion filed by the governor’s attorneys contends that the plaintiffs cannot connect DeSantis’ actions with any related injuries resulting from a chill to First Amendment activities. But plaintiffs contend that the memorandum has already hampered their organizing and advocacy activities in support of Palestinian rights.