University of Florida prohibits professors from testifying
Image via AP.

desantis suit
The decision is being criticized as threat to academic freedom and free speech.

The University of Florida is prohibiting three professors from providing expert testimony in a lawsuit challenging a new law that critics claim restricts voting rights, saying it goes against the school’s interest by conflicting with the administration of Florida Gov. Ron DeSantis.

Though the decision is being criticized as threat to academic freedom and free speech, the university said in a statement Saturday that allowing professors Dan Smith, Michael McDonald and Sharon Austin to serve as paid experts for plaintiffs challenging the law would be “adverse to the university’s interests as a state of Florida institution.”

“The University of Florida has a long track record of supporting free speech and our faculty’s academic freedom, and we will continue to do so,” the statement said.

Lawyers for a coalition of civic groups challenging the law said in court papers Friday that the professors were told by the university that their expert testimony would dissent from the administration of Florida Gov. Ron DeSantis, creating a conflict for the school.

“UF will deny its employees’ requests to engage in outside activities when it determines the activities are adverse to its interests. As UF is a state actor, litigation against the state is adverse to UF’s interests,” according to an email from an assistant vice president at the university to McDonald that was filed with the court documents.

Another university official said in an email to Smith that “outside activities that may pose a conflict of interest to the executive branch of the State of Florida create a conflict for the University of Florida.”

In a letter to a university attorney, lawyers for the professors said the decision should be reversed.

“The university cannot silence the professors on matters of great public importance. These professors are citizens entitled to participate in the marketplace of ideas,” said the letter from attorneys Paul Donnelly and Conor Flynn. “These unlawful restrictions are shameful, and could very well deter top scholars from joining UF’s ranks.”

The legal director of the ACLU of Florida, writing on behalf of Smith, said the professor was acting as a private citizen and his testimony would be crucial to the public in understanding “one of their most valuable rights.”

“But perhaps most importantly, UF simply should not be looking to Governor DeSantis to decide which speech activities it will permit its employees and students to engage in,” the ACLU’s Daniel Tilley wrote to university officials.

Like universities elsewhere, the University of Florida routinely allows its professors to testify in cases in which they can provide expertise, and Smith has previously testified in voting rights cases in Florida.

In its statement, the University of Florida said the decision not to let the professors perform outside paid work wasn’t denying them their First Amendment rights or academic freedom.

Lawyers for the coalition of civic groups are trying to get testimony from the governor about his role in the formation of the new law, but administration attorneys are fighting the attempt. The new law limits how vote-by-mail drop boxes can be used, requires voters to ask for a vote-by-mail ballot and prohibits non-poll workers from giving food or drink to voters waiting in line.

Two weeks ago, on the day he found out he wouldn’t be able to provide testimony, Smith tweeted an image of Hannah Arendt’s classic book “The Origins of Totalitarianism.”

“Dusting this classic off the bookshelf for some light weekend reading,” Smith wrote.

For his part, McDonald on Friday night tweeted a video of Tom Petty singing, “I won’t back down.” He and his colleagues “are the faculty being denied our constitutional right to free speech by the university,” he wrote.

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Republished with permission from The Associated Press.

Associated Press


23 comments

  • PeterH

    October 30, 2021 at 2:19 pm

    Florida is looking more like Venezuela by the day! Control from the top. Misinformation on Coronavirus! Distorted government interpretation of what can and cannot be taught in classrooms! Who can and cannot participate in academic sports. What’s next? Book burning?

    • Captain Howdy

      October 30, 2021 at 3:05 pm

      Liar and Lincoln Project toady. You are not a conservative, you are not a credible and rational person. You are a scumbag like Rick Wilson and his ilk.

    • El Capitan Howdy

      October 30, 2021 at 3:24 pm

      Estúpido chingada pendejo, ven a venezuela y mira cómo es.

    • Tom

      October 30, 2021 at 3:39 pm

      Go defend your Lincoln predator org and slime ball racist tactics.
      They have contributed $250,000 to faker McAulife. Have you no shame like Lincoln. Now your racists.
      This will backfire and Young kin will win.

      Lies, lies, lies and slime gutter tactics by Lincoln & Dems/McAuliffe.
      Pathetic .

      DeSantis is America’s Governor!
      The best! Leader, problem solver, on the side of peeps. Ports opened, monoclonal centers, number one on vaccine for seniors, per Biden’s HHS.
      Job growth, 85,000, 4.9%.
      DeSantis ghetto best!
      You are woeful peter h.

      • Lorraine

        October 30, 2021 at 4:48 pm

        De Santis is America’s Governor -? NOT.!!! he is NOT my Gov nor is he 49 other states Gov either
        He will go down in history as one of the most educated jerks and a very dangerous man to get voted in
        And if he does win Gov ship again than this tells me and the other 49 other states that the sun and its rays have once & for all attacked the intelligence and brains of the people that voted for a criminal like person & we will again be the laughing stock of this country
        Do some research and you will see that your inaccurate opinion is as silly as you are

        • Jerry

          October 30, 2021 at 9:09 pm

          Considering everyone is moving to Florida and our population is booming, while it’s shrinking in deep blue states should tell you something.

          If Florida is such a horrible, racist and sexist place to live, why is everyone moving here? And maybe the better question is…why are YOU still here? If you think New York and California are so much better-run states because liberals there are running amok, then why don’t you move there? Huh? Sell your house (which today will yield you a big profit) and go move to New York.

          I know I’m voting for DeSantis next year. Why? Because I want to KEEP FLORIDA FREE!!!!!

          • PeterH

            October 30, 2021 at 9:29 pm

            2020 population increase in Florida 236,000

            2020 population decrease in California 136,000

            California has the sixth largest economy on planet earth.

            Florida is the third most dependent state in USA. For every dollar Florida sends to the USA treasury….. the State receives $4.50 cents in return.

            Your “Freedumb” is financed by the kindness of blue states! Enjoy!

          • Professor Emeritus

            October 31, 2021 at 2:02 am

            Jerry After killing 17,000 people in August and September there are vacancies in Florida . People move to Florida because it is a cheap third world state to live in .
            GDP per capita
            New York $88,660
            Florida $51,497

  • PeterH

    October 30, 2021 at 3:53 pm

    Whine on wingnut!
    🙄🙄🙄🙄

      • Lorraine

        October 30, 2021 at 4:50 pm

        Dear Captain Trash Mouth

        You write like a ridiculous middle schooler

        Grow up & try to mature – my guess it is too late for you

        • Captain Howdy

          October 31, 2021 at 9:54 am

          You can go with PeterH to Virginia, and also carry a tiki torch you-kn ow-where. You are another deluded idiot who thinks corrupt demented Joe Biden is actually competent.

      • PeterH

        October 30, 2021 at 6:00 pm

        The Lincoln Project will rightfully attack ANY CANDIDATE who does not condemn the current leader of the Republican Party….. Donald Trump.

        Trumpism and Donald Trump’s January 6th attempted coup MUST be completely demolished from American politics.

        Youngkin is trying to have it both ways. Along with today’s Republican Party Youngkin must be politically destroyed.

        America will hope the best candidate wins on Tuesday.

        • Captain Howdy

          October 30, 2021 at 7:25 pm

          Ha ha ha ha ha ha ha ha ha ha ha ha ha

  • FP Monitor

    October 30, 2021 at 3:54 pm

    It’s a big mistake is to respond to anything Tom posts. He’s an ignorant Trumpster hack simply looking for attention. Do yourself and all of us a big favor. Ignore all of his return comments. Maybe the internet troll will go away.

    • [email protected]

      October 30, 2021 at 4:55 pm

      Thank you – your advice to ignore him is the best

      Done !

  • tom palmer

    October 30, 2021 at 4:13 pm

    If you suppress the facts, you hide the political incompetence in Tallahassee. Business as usual.

  • VintageVNvet

    October 30, 2021 at 8:35 pm

    This is a simple matter of contract IMHO.
    IF and only IF these folks have signed a contract in which it is spelled out that they have given the University of Florida, their employer, the right to decide who can do what and with which and to whom, OK.
    If no contract language specifying their ability to do whatever, IMO they are good to go to testify or whatever they please. Simple contract law, eh?
    Has to be that way, no matter which side of any ”discussion” they might be on…
    And FWIW, this old native went to Law school at UF briefly a few decades ago, and have always been an independent voter ever since, did NOT vote for the trumpster, etc…

  • Professor Emeritus

    October 31, 2021 at 1:49 am

    University of Florida used to be a real university. Now, juat like the Nazis professors have to toe the party line

    • Captain Howdy

      October 31, 2021 at 9:36 am

      Florida a third world country, Nazis coercing UF profs. Emeritus my ass. You’re an asshole. A crank, a troll, and nothing you assert has validity.

  • Concern Citizen

    October 31, 2021 at 9:05 am

    Look like the First Amendment does not apply if DeSantis and the state want to shut you up. Long live fascism – – – screams heard from the Governor’s Mansion on Halloween.

  • Ian

    October 31, 2021 at 5:03 pm

    Headline should read, “University of Florida prohibits professors from moonlighting.” That’s what’s really happening here.

    • PeterH

      October 31, 2021 at 5:23 pm

      Moonlighting is when you get paid.

Comments are closed.


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