Controversial Florida Campus Free Speech Law Up for Review by Federal Judge

It's been nearly two years since Florida passed a controversial law requiring state colleges and universities to conduct surveys on "intellectual freedom and viewpoint diversity" on their campuses. Now, a federal judge is set to weigh in on the constitutionality of the measure, which has been met with fierce opposition from those who argue that it violates First Amendment rights. In this blog post, we'll take a closer look at the law and the ongoing legal battle surrounding it.

On January 9th, Chief U.S. District Judge Mark Walker will begin a trial to hear a challenge brought by the United Faculty of Florida and other plaintiffs against a 2021 law enacted by the Republican-controlled Legislature and signed by Governor Ron DeSantis. The law has faced controversy and accusations of violating the First Amendment.

HB 233

HB 233 is a law passed in Florida that requires state colleges and universities to conduct annual surveys on "intellectual freedom and viewpoint diversity" on their campuses. The law stipulates that schools may not "shield" students and faculty from "ideas and opinions that they may find uncomfortable, unwelcome, disagreeable or offensive." This means that the law aims to encourage a wide range of viewpoints to be expressed and heard on campus, even if some members of the community may find them disagreeable. The law has been controversial and has faced criticism for potentially violating the First Amendment rights of students and faculty.

In addition to requiring annual surveys on "intellectual freedom and viewpoint diversity," the law also allows students to record class lectures "in connection with a complaint to the public institution of higher education where the recording was made, or as evidence in, or in preparation for, a criminal or civil proceeding." This means that students may record lectures and use the recordings as evidence in legal proceedings, which some argue could have a chilling effect on free speech on campus. In a pre-trial brief, plaintiffs' attorneys have argued that the First Amendment's strong protection of academic freedom should take precedence over the state's interests in HB 233. The plaintiffs argue that they simply want the freedom to teach as they have before, without fear of being reported or recorded for expressing certain viewpoints or making pedagogical decisions.

Arguments from both sides

In their pre-trial brief, the plaintiffs' attorneys have argued that the annual surveys required by HB 233 could put pressure on Florida colleges, universities, and faculty to avoid certain types of speech that might be perceived as excessively liberal. They have also pointed out that the surveys are designed to collect information about speech outside of any useful context, which makes it difficult to investigate and address any actual concerns about problematic bias. However, attorneys for the state have argued that the law does not require anyone to participate in the surveys or "register" their political beliefs. They have maintained that the purpose of the surveys is to empirically assess freedom of expression and viewpoint diversity on Florida's public campuses, and that this is a legitimate goal for the state to pursue. They have also argued that the surveys are meant to be used as a diagnostic tool, similar to a thermometer, and do not prescribe any particular course of treatment or predict any future action or consequences.

Summary

A federal judge in Florida will begin a trial on January 9th to hear a challenge brought by the United Faculty of Florida and other plaintiffs against a 2021 law called HB 233. The law has faced controversy and accusations of violating the First Amendment rights of students and faculty. It requires annual surveys on "intellectual freedom and viewpoint diversity" at Florida's colleges and universities, and also allows students to record class lectures for use as evidence in legal proceedings. The plaintiffs have argued that the law puts pressure on educators to avoid certain types of speech and that the annual surveys are designed to collect information about speech outside of any useful context. Attorneys for the state have maintained that the law's purpose is to assess freedom of expression and viewpoint diversity on Florida's public campuses, and that the surveys are meant to be used as a diagnostic tool. We will continue to follow this case and provide updates as they become available.