Second pro-Palestinian student group sues DeSantis for alleged First Amendment violations

Another Florida chapter of Students for Justice in Palestine has filed a federal lawsuit over Gov. Ron DeSantis' directive to shut down the group.

"Governors cannot shut down lawful and peaceful student groups because of the views they express," the University of South Florida chapter writes in the lawsuit, filed Monday in Gainesville. "The First Amendment forbids it."

Last month, in a move that troubled free speech advocates, DeSantis and his top higher education official, State University System of Florida Chancellor Ray Rodrigues, told universities the chapters "must be deactivated." They accused National Students for Justice in Palestine of releasing a "toolkit" supportive of Hamas' Oct. 7 surprise attack in Israel.

Chancellor Ray Rodrigues listens at FAMU during the Florida Board of Governors' meeting on  Wednesday, March 29, 2023 in the University Grand Ball Room.
Chancellor Ray Rodrigues listens at FAMU during the Florida Board of Governors' meeting on Wednesday, March 29, 2023 in the University Grand Ball Room.

But Rodrigues later said universities hadn't deactivated the chapters, finding evidence that they were independent from the national organization. That omission contradicted DeSantis, who's touting the "deactivation" as he vies for the 2024 Republican presidential nomination.

DeSantis maintains the deactivation order is still in place. The other implicated chapter, at the University of Florida in Gainesville, filed its own federal lawsuit over it last week.

Like the UF chapter, USF Students for Justice in Palestine, based in Tampa, says the directive is harming its organization, as members fear they could be forced to cease operations at any time. "USF SJP has been forced to divert time and resources to defending its reputation and trying to vindicate its constitutional rights rather than focusing on its mission," the group writes in the lawsuit.

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Chapter maintains it's separate from national group

Representing the chapter is the Council on American-Islamic Relations (CAIR) Legal Defense Fund, CAIR Florida, Erchid Law Firm and firm Mehri & Skalet. They're suing DeSantis, Rodrigues, USF President Rhea Law, the USF Board of Trustees and the Florida Board of Governors.

In the lawsuit, the Students for Justice in Palestine chapter maintains that it's separate from the national group and blasts DeSantis for doubling down on the deactivation even after Rodrigues mentioned there's evidence showing their independence.

"USF SJP is a law-abiding, peaceful student organization," the lawsuit reads. "USF SJP has taken public steps to explain that its goal is to 'promote peace' and that USF SJP 'condemns all forms of violence.' "

It says the directive is unconstitutional, impeding on its First Amendment rights to associate, assemble and speak, and it's requesting the court block it. The case has been assigned to Senior U.S. District Judge Robert Hinkle, court dockets show.

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule is based in Tallahassee, Fla. He can be reached at DSoule@gannett.com. On X: @DouglasSoule.

This article originally appeared on Tallahassee Democrat: Second pro-Palestinian student group sues DeSantis, cites 1st Amendment

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