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‘Student speech cannot be curtailed unless it materially disrupts the educational mission,’ judge rules
Florida International University likely violated anti-ICE protesters’ First Amendment rights when it punished them for participating in a silent protest, a federal judge ruled Sunday.
A U.S. District Court judge for the Southern District of Florida, Jacqueline Becerra, issued a preliminary injunction, pausing disciplinary actions against the students and halting enforcement of a school policy that prohibits “expressive activities” indoors, Inside Higher Ed reported.
“In short, when all is said and done, and for at least 60 years, the standard has been the same: student speech cannot be curtailed unless it materially disrupts the educational mission or involves substantial disorder or invasion of the rights of others,” Judge Becerra wrote in the court order.
“Based on the evidence submitted to date, it does not appear that any Plaintiff, or anyone else wearing an ‘ICE OFF FIU’ T-shirt, spoke or did anything other than sit, stand, and walk,” she wrote.
She added that the students “are likely to prevail on their claims.”
The student group, called ICEBreakers, celebrated the ruling in a post on Instagram.
“Our fight is far from over, but this victory temporarily protects are students as we CONTINUE pushing to PROTECT our FREEDOM OF SPEECH and get ICE OFF FIU,” the group wrote.
In addition, the student group’s president, Max Fondren said, “Blocking this regulation means students can start the fall semester without fear of being punished for peacefully protesting,” according to ACLU Florida.
He added that the students will continue their advocacy on campus “to end FIU’s cruel and unnecessary decision to deputize campus police as ICE agents.”
Earlier this month, the students filed a lawsuit against administrators for punishing them over a protest they conducted during a campus event featuring former Major League Baseball star Alex “A-Rod” Rodriguez, The College Fix previously reported.
They argue that the non-violent, silent demonstration is constitutionally protected free speech.
During the March protest, they silently stood at the front of the auditorium with “ICE OFF FIU” T-shirts for about three minutes before walking out. The demonstration targeted the university’s agreement with Immigration and Customs Enforcement to deputize campus officers with federal immigration enforcement rights.
Campus administrators tried to punish the students by requiring them to make a “video reflection” detailing their understanding of the “Expressive Activities” policy. The school threatened to place a hold on their academic records if they refused, according to the lawsuit.
It is unclear if FIU will appeal the ruling.
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