![012624 SPJ Hearing LW 01](https://floridapolitics.com/wp-content/uploads/2024/01/012624-SPJ-Hearing-LW-01-1280x871.jpg)
A federal Judge on Friday criticized Gov. Ron DeSantis and the state’s senior higher education appointee for “running their mouths” with directives for two universities in Florida to shut down chapters of pro-Palestinian student organizations.
The Judge did not immediately issue a protective order covering the chapters of the Students for Justice in Palestine as they had asked.
In remarks at the end of a nearly four-hour hearing in Tallahassee, U.S. District Judge Mark Walker emphasized that words have consequences. The Judge was referring to an Oct. 24 memorandum from Ray Rodrigues, Chancellor of the State University System, instructing that the University of Florida and University of South Florida “must” deactivate the student groups after the Hamas surprise invasion of Israel in the fall.
Before he abandoned his presidential campaign last week, DeSantis had also boasted during one of the Republican debates in November that he had already shut down the pro-Palestinian student chapters. In fact, the two universities had quietly consulted outside lawyers over the directives from Tallahassee who told them the moves would be unconstitutional. The schools asked the administration what to do next but otherwise took no action.
“All kinds of people at all levels of government running their mouths,” said Walker, appointed in 2012 by President Barack Obama and who has regularly criticized DeSantis and his administration in his rulings on voting and civil rights cases.
The Judge said it was notable that students were at the heart of the case and it was significant to see young people engaged like this.
The Judge deferred ruling in the case until an unspecified future date.
Lawyers for the student groups had asked Walker to temporarily block the DeSantis administration’s efforts to deactivate them. They sought a preliminary injunction that would protect their continued activities on campuses.
Meanwhile, lawyers for DeSantis and the State University System asked the Judge to throw out entirely the groups’ lawsuits, which assert that their First Amendment rights were being trampled.
The DeSantis administration had objected to a statement of support from the groups’ national parent organization that it was “part of” the resistance against Israel. Florida said that violated a state law against offering material support to terrorists. Legal experts said the order was almost certainly unconstitutional. They said those terrorism laws don’t prohibit independent advocacy or expression but outlaw specific conduct that includes expert advice or assistance.
In court papers, lawyers for the Governor said there was no evidence that DeSantis personally directed Rodrigues to order the groups to shut down. They said the Governor “did not, and could not,” issue the controversial memo. His lawyers called it “allegedly unconstitutional conduct.”
In Friday’s hearing, the Judge appeared to agree that the Governor’s involvement was peripheral. He asked lawyers for the students whether they were asking him to order DeSantis “to stop talking.”
Meanwhile, lawyers for Rodrigues said the groups failed to adequately identify the specific First Amendment protections they said he violated with the order to deactivate them. They also said the universities were allowed to ignore the memo, which they said had no legal effect. The board of Governors had no enforcement authority over student groups, they said.
After the hearing, Brian Hauss, an attorney for the student chapter at the University of Florida, said the best evidence that showed pro-Palestinian students were afraid was the fact that Rodrigues’ deactivation order has not been rescinded.
“We asked whether defendants would commit not to enforcing that order, and after we asked that question, defendants rested on their papers,” he said. “They would not and continue to refuse to disavow that order.”
Walker noted the universities hadn’t taken any steps to comply with the memo.
“This would be an entirely different case if you had folks at the university level telling (student groups) to back off,” Walker said.
DeSantis notably made his support for Israel and stance against pro-Palestine student groups a big part of his GOP presidential campaign — before he dropped out after losing badly to former President Donald Trump in the Iowa caucuses.
“We had a group, Students for Justice of Palestine. They said they are common cause with Hamas. They said, ‘We’re not just in solidarity. This is what we are.’ We deactivated them,” DeSantis said at the Republican Presidential Primary debate in Miami in November.
Friday’s hearing comes after months of back-and-forth between the state, universities and their students after the October memo from Rodrigues.
Rodrigues disclosed in November that the universities chose not to comply with his memo to deactivate the student chapters, based on the advice of outside lawyers the schools hired. The legal opinions the schools sought warned that campus officials could face personal liability for following the Governor’s orders, he said.
For now, exactly what lawyers told university administrators in those legal opinions remains a mystery.
The University of South Florida this week declined to turn over a copy of its legal guidance under Florida’s public records law, citing a provision that allows government agencies to withhold the work product of its attorneys.
The University of Florida has ignored requests submitted under state law for the same legal guidance from its outside lawyers for the past 11 weeks. It did not respond to messages earlier this week asking why it was taking so long to turn over the legal opinion or explain why it believed it was entitled to keep it secret.
___
This story was produced by Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications. The reporter can be reached at [email protected]. You can donate to support our students here.
11 comments
Earl Pitts "Sage Political Expert Emeritas" Ameriecan
January 26, 2024 at 4:50 pm
Oh, OK, He’s a “Dook 4 Brains” 0bama appointee.
I guess that explains the idiots Blastphmony of “The Greatest Govornor The Great State of Florida Has Ever Had”.
Ladies and Gentlemen I, Earl Pitts American, give you “Ron DeSantis and His Lovely Wife Casey”!!!!
“AND THE CROUD GOES WILD”!!!!
Thank you America,
EARL PITTS AMERICAN
Nebraska Granny's
January 26, 2024 at 7:42 pm
Here, here, Earl!!! I agree with you. These Palestinian student organizations were organizing the ‘peaceful demonstrations’ that were going on, weren’t they?🇺🇸🤠
Earl Pitts "Sage Political Expert Emeritas" Ameriecan
January 28, 2024 at 5:50 pm
Thank you “Sage Paitriot Granny” ❣️❣️❣️❣️❣️❣️❣️😃❣️
My Take
January 26, 2024 at 9:34 pm
The DeSSanistan administration hates real freedom … for others.
Mabel Graham
January 27, 2024 at 9:48 am
Anen ! I totally agree with you! He is a wannabe dictator 😡🤬
Earl Pitts "Sage Political Expert Emeritas" Ameriecan
January 28, 2024 at 5:52 pm
CHASTIZED by Granny & Earl
Stephen Gregory
January 27, 2024 at 12:17 pm
Thanks to the folks in Iowa, not the judge, we can all breathe a sigh of relief. Ronda Santis can take his high heeled boots, goofy wooden smile, and fascist ideology and stuff it where the sun don’t shine. He’s gone now. Toast, as they say. Couldn’t have happened to a more deserving Trump hand puppet who thought he’d ride the orange wave. So hate for your opponents, using State courts to eliminate them, and passing knee jerk Guv executive orders to garner attention didn’t really work very well with 75% of normal folk in Iowa, or the rest of country. Pay attention all you power hungry wannabes who attempt to dupe voters. Sheep’s clothing cannot hide who you really are.
Earl Pitts "Sage Political Expert Emeritas" Ameriecan
January 28, 2024 at 5:53 pm
CHASTIZED by Granny & Earl
Earl Pitts "Sage Political Expert Emeritas" Ameriecan
January 28, 2024 at 6:11 pm
Stevey Gregory,
FYI:
A “Sage Chastizement” from Granny & Earl is “The Real Deal” “NOT A JOKE MAN”.
Now that you know that your smarty pants mouth has written a check that your “Narrow 8utt just can not cash” I, Earl Pitts American and “The Beautiful & Still Hot Granny” recomend you call in sick tomorrow, dont drive your leftist “Symbol” Subaru SUV”, draw your shades and stay home tomorrow.
Its the only way to avoid the “All Powerfull Chastizement” from Earl and the Beautiful and Totally Hot Granny.
Thank you, “Dook 4 Brains” Stevey,
Earl Pitts American
*Stevey if you order Door Dash or some simmilar food delivery tomorrow the driver is obligated to spit (or worse) in your food as part of the Earl and Granny agreement with all food delivery services*
rick whitaker
January 30, 2024 at 4:24 pm
CAUTION ⚠ TROLL COMMENT FROM BAD SPELLER
My Take
January 29, 2024 at 1:20 am
Free Palestine!!
Free New Collrge!!
Comments are closed.