Florida banned Palestinian groups on campus. ACLU says that鈥檚 illegal.
Florida鈥檚 ban on pro-Palestinian university groups is unconstitutional, according to the American Civil Liberties Union. They are challenging the order from Gov. Ron DeSantis last month as violating students鈥� 1st Amendment rights.
Student protesters hold a rally in support of Palestine outside Columbia University in New York on Nov. 15, 2023. A ban on pro-Palestinian student groups by Florida Gov. Ron DeSantis is being challenged by the American Civil Liberties Union.
Eduardo Munoz/Reuters/File
The American Civil Liberties Union challenged聽Florida鈥檚聽ban聽on聽pro-Palestinian聽university聽groups, arguing in a federal lawsuit on Thursday that the state is violating聽students鈥� free speech as tensions roil U.S. campuses聽over聽Israel鈥檚 war with Hamas.
Florida鈥檚 university system, joined by Gov.聽Ron DeSantis, last month ordered colleges to shut down chapters of聽Students for Justice in Palestine (SJP), a group at the center of U.S. campus activism since Hamas attacked Israel on Oct. 7.
The lawsuit 鈥� against Mr. DeSantis, a 2024 Republican presidential hopeful, and several state university system officials 鈥� was filed on behalf of the University of聽Florida鈥檚 SJP chapter and seeks a preliminary injunction to a state order blocking SJP from receiving school funds and using campus facilities.
鈥淚f聽Florida聽officials think silencing聽pro-Palestinian聽students聽protects the Jewish community 鈥� or anyone, they鈥檙e wrong. This attack on free speech is dangerous,鈥� Howard Simon, interim executive director of ACLU of聽Florida, said in a statement.
A spokesperson for Mr. DeSantis said the governor was right to disband the聽groups.
鈥淕roups聽that claim to be part of a foreign terrorist movement have no place on our university campuses,鈥� governor spokesperson Jeremy Redfern said.
State University System of聽Florida聽Chancellor Ray Rodrigues did not respond to a request for comment.
Students at U.S. universities have clashed聽over聽issues emerging on both sides of the nearly six-week-old conflict. Some accuse their schools of not doing enough to denounce antisemitism and others that the schools ignore the plight of Gazans under Israeli fire.
The lawsuit, filed in U.S. District Court in聽Florida聽by the ACLU, ACLU of聽Florida, and Palestine Legal, cites a Supreme Court decision affirming聽students鈥� right to associate and speak out on matters of public concern, and another case establishing that federal law does not criminalize 鈥渋ndependent political advocacy鈥� as long as it is not done in coordination with, or at the direction of, foreign terrorist聽groups.
Brandeis University has also聽banned SJP indefinitely, and Columbia University and George Washington University have suspended the group. The schools have cited the national organization鈥檚 support for the Hamas attack and said their campus chapters violated school policies.
The聽student聽groups聽call the suspensions and聽bans unjust. Videos posted to Instagram have shown聽Palestinian聽supporters rallying at Columbia and George Washington on Nov. 15 in聽protest聽over聽the SJP聽groups鈥� suspensions.
Florida鈥檚 university system has said it based its聽ban聽on a 鈥渢oolkit鈥� issued聽by the national organization to chapters that referred to Hamas鈥� attack as 鈥渢he resistance鈥� and stated 鈥淧alestinian聽students in exile are PART of this movement.鈥�
In his Oct. 24 memo ordering the聽ban, Chancellor Rodrigues said the national SJP identified itself as part of Hamas鈥� attack and that it was a felony under聽Florida聽law 鈥渢o聽provide material support... to a designated foreign terrorist organization.鈥�
Brian Hauss, senior staff attorney with the ACLU Speech, Privacy, and Technology聽project, and counsel in the case, said the聽student聽plaintiffs in the state university system were victims of 鈥済uilt by association鈥� in this case.
鈥淭hey are a completely autonomous and independent group that is in no way beholden to the national聽Students for Justice in Palestine,鈥� Mr. Hauss said in an interview, adding that he did not believe the national organization could be found criminally liable for its statements about Hamas.
Israel says Hamas killed 1,200 people in the Oct. 7 assault and took about 240 hostages to Gaza. Gaza health authorities say more than 11,000 Palestinians have been confirmed killed by Israel鈥檚 counteroffensive.
This story was reported by Reuters.