Florida is facing its second federal lawsuit over a recent move to disband a pro-Palestinian student group at two of its top universities.
USF’s SJP chapter is represented by the Council on American-Islamic Relations (CAIR), which filed its lawsuit on Nov. 20.
The American Civil Liberties Union, representing the University of Florida’s (UF) SJP chapter, filed suit on Nov. 16.
The two efforts are independent and not coordinated by either SJP chapter.
“Governors cannot shut down lawful and peaceful student groups because of the views they express. The First Amendment forbids it,” the USF SJP lawsuit reads.
“Neither the state of Florida nor its state colleges and universities are enclaves immune from the requirements and protections of the First Amendment.”
The National SJP group called on the North American charters to join a “national day of resistance” on Oct. 12 to protest against the Israeli government.
In his Oct. 24 letter announcing the order to “deactivate” Florida chapters of SJP, Mr. Rodrigues cited the portion of the “toolkit” that read: “We as Palestinian students in exile are part of this movement, not in solidarity of this movement.”
Limits to First Amendment
The First Amendment has limits when it comes to speech advocating or supporting violence, according to the Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown Law.Further, the First Amendment “does not protect speech that incites imminent violence or lawlessness.”
USF SJP’s lawsuit says that it “has no formal relationship with National SJP. USF SJP has no financial relationship with National SJP, neither receiving funding from nor providing funding to, that organization through dues or otherwise. USF SJP is fully autonomous from National SJP.”
The lawsuit also states that: “National SJP holds views that defendants disapprove of” but does not indicate if this reflects the Oct. 8 “toolkit” and its content.
Omar Saleh, an attorney for CAIR’s Florida chapter, expressed doubt that solidarity with the general “Palestinian movement” was synonymous with support for Hamas.
Supreme Court Precedent
Regardless of USF SJP’s interpretation of the National SJP’s “toolkit,” Mr. Saleh emphasized the separation between the two groups and disputed the authority of the latter’s views.In that case, Central Connecticut State College had tried to ban a local chapter of a left-wing student group called Students for a Democratic Society (SDS) because the national group was associated with violence on other college campuses.
The school doubted the local chapter’s independence from the national SDS and banned it for being “antithetical to the school’s policies.”
Relying on existing court precedent, Justice Lewis F. Powell Jr. said past rulings “leave no room for the view that, because of the acknowledged need for order, First Amendment protections should apply with less force on college campuses than in the community at large.”
However, Mr. Powell said colleges had a right to prohibit student activities that “infringe reasonable campus rules, interrupt classes, or substantially interfere with the opportunity of other students to obtain an education.”
Students are still bound by “reasonable campus rules and regulations.”
Even before UF SJP announced its lawsuit against Florida, Mr. Rodrigues had changed course on Nov. 9 while addressing the state Board of Governors in Orlando.
He said the UF and USF SJP chapters are “not chartered or under the headship” of the national organization.
Mr. Rodrigues announced he would look to outside legal opinions while working with the groups to affirm they “reject violence” and “reject that they are part of the Hamas movement.”
While he said the state would eventually issue an update to the Board of Governors at a later date, Mr. Saleh said the lawsuit “was filed to get an order from the court prohibiting the governor or Chancellor from moving forward in not just deactivating the SJP, but from doing anything further,” such as demanding members sign “disavowals” or “loyalty oaths,” or to forcibly remove “Palestine” from the group’s name.
He emphasized that CAIR Florida’s efforts are not religious or cultural but constitutional.
SJP Under Fire in Other States
However, Florida’s initial decision to “deactivate” its chapters of SJP reflects similar moves taken by universities in other states.The university said: “SJP cannot sponsor or organize on-campus activities on university property or use university facilities, including indoor and outdoor spaces available for reservation through the university; this prohibition is in effect for the next 90 days.”
The order added that further restrictions will be in place for the GW SJP chapter after its suspension until the end of the academic year.
The two groups allegedly defied administrative rules multiple times and organized an “unauthorized event” that included “threatening rhetoric and intimidation.”
The suspension is in effect until the end of the fall semester and prevents the two groups from holding campus events or receiving funding from the university.
The Lawsuit’s Future
USF SJP’s lawsuit enters its scheduled conference on Nov. 30, where the group will try to prove its independence from the National SJP or any other SJP chapters that are alleged to support violence or terrorism.Mr. Saleh emphasized the need to separate protests against the Israeli government and military and acts of anti-Semitism that attack Jewish people.
He said that CAIR Florida is one of the biggest critics of the Saudi Arabian government and its human rights violations, particularly the mutilation and murder of Saudi journalist Jamal Khashoggi, who was a columnist for The Washington Post.
Despite seeing Saudi Arabia as the de facto capital of Islam due to the country containing the holy cities of Mecca and Medina, Mr. Saleh said he and others at CAIR Florida disavow the government and not their shared religion.
Any discourse and idea sharing must be done “intelligently,” he said, and he tells protesters: “If you guys are intending, or don’t care about avoiding conflict, and if you’re gonna be violent or disrespectful toward race, or religion, or insulting, don’t get involved.”
Still, some college protests have escalated to physical altercations.
Kevin Guskiewicz, the UNC-Chapel Hill college chancellor, released a statement following the protests that both denounced the “acts of terror in Israel by Hamas” while also acknowledging students’ constitutional rights on campus.
“We have a commitment to allow both internal and external groups to express their opinions under the First Amendment.
“We also strive to rise above hateful rhetoric and engage in civil discourse and educated debate,” he said, and he hopes the community can foster those with differing opinions to “come together and truly listen and learn from each other.”
The Epoch Times reached out to Mr. Rodrigues and the State University System of Florida for comment.
