Florida’s Move to ‘Deactivate’ Pro-Palestinian Student Groups Garners Second Lawsuit

USF Students for Justice in Palestine chapter argues the state is infringing upon First Amendment rights.
Florida’s Move to ‘Deactivate’ Pro-Palestinian Student Groups Garners Second Lawsuit
Pro-Palestinian students take part in a protest in support of the Palestinians amid the ongoing conflict in Gaza, at Columbia University in New York City, Oct. 12, 2023. Jeenah Moon/Reuters
Jacob Burg
Updated:
0:00

Florida is facing its second federal lawsuit over a recent move to disband a pro-Palestinian student group at two of its top universities.

The University of South Florida (USF) chapter of the Students for Justice in Palestine (SJP) claims that the Oct. 24 order to disband its group—issued by Gov. Ron DeSantis and State University System chancellor Ray Rodrigues—is unconstitutional and an infringement on students’ rights to free speech.

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 Oct. 24 order came after the National SJP organization released an Oct. 8 “Day of Resistance toolkit“ that supported the internationally recognized terrorist group, Hamas, and its violent acts on Oct. 7 against Israel, referred to as ”Operation Al-Aqsa Flood.”

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.

The “toolkit” referred to Hamas’ operation as “the resistance” and said it “has taken occupation soldiers hostage, fired thousands of rockets, taken over Israeli military vehicles, and gained control over illegal Israeli settlements” but did not mention the Israeli and American civilians captured by Hamas or the 200 civilians murdered at the Supernova music festival near the village of Re'im in southern Israel on Oct. 7.

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.”

He said it is a felony under Florida statute 775.33 to “knowingly provide material support … to a designated foreign terrorist organization,” and that “based on the National SJP’s support of terrorism … the student chapters must be deactivated.”

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.
While the First Amendment protects “the right to engage in hateful, racist, offensive speech,” it does not “protect violent or unlawful conduct, even if the person engaging in it intends to express an idea,” according to an ICAP fact sheet titled “Guidance for Law Enforcement about First Amendment Rights.”

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.

He said the international pushback against Hamas’ actions has evolved into “what is now seen as anybody who supports Palestine is now a violent terrorist against Israel. That’s the unfortunate part, that there’s this hysteria that’s formed around it.”

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.
USF SJP is a wholly “autonomous” organization, he said, and specifically referenced the U.S. Supreme Court’s 1972 Healy v. James decision in defense of its independence.

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.”

U.S. Supreme Court in Washington on Nov. 8, 2023. (Madalina Vasiliu/The Epoch Times)
U.S. Supreme Court in Washington on Nov. 8, 2023. Madalina Vasiliu/The Epoch Times

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.

“This is not a Muslim thing. It is really not. What this lawsuit is about is a First Amendment thing. We would do it for anybody,” Mr. Saleh said.

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.
On Nov. 14, George Washington University (GW) in Washington temporarily suspended its SJP chapter after group members projected anti-Israel messages onto the campus library, which is a violation of policy.

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.

Columbia University made the same move on Nov. 10 when the college suspended its SJP group along with its Jewish Voice for Peace (JVP) chapter, claiming the two student clubs repeatedly violated university policies related to campus protests.

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 groups can lift the suspension if they prove a commitment to campus policies and have discussions with university leaders.

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.

The University of North Carolina (UNC) at Chapel Hill’s chapter of SJP organized a “resistance rally” of roughly 80 pro-Palestinian protesters that saw a religious studies professor hurl himself into the crowd, calling them “Nazis,” after a protester allegedly threw a drink at him.

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.

The Associated Press contributed to this report.
Jacob Burg
Jacob Burg
Author
Jacob Burg reports on national politics, aerospace, and aviation for The Epoch Times. He previously covered sports, regional politics, and breaking news for the Sarasota Herald Tribune.
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