Judge Restricts UC System’s Antiharassment Policy

The University of California system cannot enforce rules in its antiharassment policy against a conservative organization for misgendering individuals, a federal judge ruled last week.

The preliminary injunction from U.S. District Judge Fred W. Slaughter blocks the UC system from enforcing parts of the policy against Defending Education, an organization that says its dedicated to fighting against “activists imposing harmful agendas” and “indoctrination in classrooms and on campus.” The Los Angeles Times reported that the ruling did not altogether invalidate UC’s broad antiharassment policy, as it temporarily bars the UC from punishing members of Defending Education for misgendering individuals. The injunction also bars UC from punishing the group for deadnaming.

Slaughter, a Biden appointee, noted that he found Defending Education likely to prevail on a First Amendment challenge brought earlier this year that alleged the policy compelled speech and is viewpoint-based. But the judge declined the group’s request to apply the injunction broadly.

The ruling applies to what Slaughter called “commonplace” speech, or isolated instances of misgendering or deadnaming individuals that do not include additional harassing conduct, meaning the system can still enforce the policy to address abuse of transgender students.

Defending Education celebrated the injunction in an online statement.

“We are gratified by today’s district court decision enjoining the University of California system’s coercive speech policy against our members. It is unconstitutional for public universities to compel student speech, and we will continue to defend this principle in California and other schools across the country as needed,” Defending Education President Nicole Neily said.

UC spokesperson Rachel Zaentz told the Los Angeles Times that the system disagreed with the injunction ruling and “will always seek to foster a welcoming environment that protects both freedom of expression and the fundamental rights of all members of our community.”