FIU Violated Student Free Speech Rights, Judge Rules

A federal judge sided with student protesters who claimed Florida International University violated their First Amendment rights when it punished them for violating a policy that bans “expressive activities” inside campus buildings. 

On Sunday, U.S. Southern District of Florida Judge Jacqueline Becerra ordered the Miami-based university to halt enforcement of the policy and temporarily blocked disciplinary actions against the students, court records show. It’s not yet clear if FIU will appeal the decision, though university officials have previously maintained that the policy is compliant with the First Amendment and Florida laws.

“FIU applies its rules prohibiting protests and demonstrations in university buildings consistently, regardless of viewpoint. This ensures that classes, research, and academic spaces can function without interference or disruption,” FIU spokesperson Madeline Baro told WLRN earlier this year. “The University allows protests and demonstrations in outdoor areas, giving people a meaningful way to share their views, just not inside university lecture halls, labs, offices, or residence halls.”

The ruling comes just two weeks after the American Civil Liberties Union of Florida filed a lawsuit on behalf of a group of seven student protesters who were punished for protesting U.S. Immigration and Customs Enforcement. In March, the students—who are part of a group called ICEBreakers—wore shirts that read “ICE OFF FIU” while standing in silence for a few minutes during an on-campus event where FIU President Jeanette Nuñez was hosting a talk with former Major League Baseball player Alex Rodriguez.

According to the ACLU, the students were specifically protesting a university contract that allows campus police to conduct federal immigration enforcement. 

Although students left the event in silence, a few months later FIU issued a written reprimand stating that the protest violated a campus policy against “expressive activities” taking place indoors.

According to local media reports, the university asked each student to record a two-minute video explaining “what is expected … related to indoor and outdoor areas, and how you will apply what you have learned moving forward.” 

Some of the students said making such a video would force them to express opinions they don’t agree with and followed up with legal action. Per the judge’s ruling Sunday, the university should have never punished them to begin with. 

“In short, when all is said and done, and for at least 60 years, the standard has been the same: student speech cannot be curtailed unless it materially disrupts the educational mission or involves substantial disorder or invasion of the rights of others,” Judge Becerra wrote in the preliminary injunction. “Based on the evidence submitted to date, it does not appear that any Plaintiff, or anyone else wearing an ‘ICE OFF FIU’ T-shirt, spoke or did anything other than sit, stand, and walk.”