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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

STUDENTS FOR JUSTICE IN PALESTINE AT THE

UNIVERSITY OF FLORIDA,

Plaintiff,

v.

RAYMOND RODRIGUES, in his official capacity as Case No. 1:23-cv-275

Chancellor of the State University System of Florida;
RONALD DESANTIS, in his official capacity as the
Governor of Florida; BENJAMIN SASSE, in his official
capacity as University of Florida President; TIMOTHY
M. CERIO, MANNY DIAZ, JR., AUBREY EDGE,
PATRICIA FROST, EDWARD HADDOCK, JACK
HITCHCOCK, KEN JONES, DARLENE LUCCIO
JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES
H. LYDECKER, CRAIG MATEER, JOSE OLIVA,
AMANDA J. PHALIN, and ERIC SILAGY, in their
official capacities as members of the Florida Board of
Governors of the State University System; MORTEZA
HOSSEINI, DAVID L. BRANDON, RICHARD P.
COLE, CHRISTOPHER T. CORR, OLIVIA E. GREEN,
JAMES W. HEAVENER, DANIEL T. O’KEEFE,
RAHUL PATEL, MARSHA D. POWERS, FRED S.
RIDLEY, DANAYA C. WRIGHT, PATRICK O.
ZALUPSKI, and ANITA G. ZUCKER, in their official
capacities as members of the University of Florida Board
of Trustees,

Defendants.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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INTRODUCTION

1. Students for Justice in Palestine at the University of Florida (“UF

SJP”) brings this First Amendment challenge to the Florida State University

System’s October 24, 2023 memorandum (“Deactivation Order” or “Order”)

ordering the deactivation of Students for Justice in Palestine (“SJP”) chapters in

the Florida State University System.

2. The Deactivation Order is a Florida State University System directive

promulgated by Chancellor Ray Rodrigues, in consultation with Governor Ron

DeSantis, and subject to implementation by the University of Florida.

3. The Deactivation Order advances unsubstantiated claims that

Florida’s SJP chapters have violated the state’s material support for terrorism

statute, Fla. Stat. § 775.33(3) (2019). The Order bases this serious and

stigmatizing allegation solely on statements published by National Students for

Justice in Palestine group (“NSJP”), an independent organization, in a document

called the “Day of Resistance Toolkit.”

4. The Deactivation Order provides no basis for attributing the speech of

NSJP to the Florida SJP chapters, including UF SJP. According to the

Deactivation Order, UF SJP’s only alleged offense is its affiliation with NSJP—

which is constitutionally protected. UF SJP has no formal relationship with NSJP

other than sharing the “Students for Justice in Palestine” name—a name that

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affirms UF SJP’s solidarity with Palestine, and with other SJP chapters throughout

the country.

5. Moreover, independent political advocacy—no matter its viewpoint—

is fully protected by the First Amendment. Florida’s material support statute

recognizes as much by explicitly excluding independent advocacy from its ambit.

Like the federal material support statute, Florida’s law applies only to advocacy

conducted in coordination with, or at the direction of, a designated foreign terrorist

organization. But in alleging that NSJP’s toolkit is evidence of material support, the

Order does not cite any evidence of any such coordination or direction.

6. “Nowhere is free speech more important than in our leading

institutions of higher learning.” Speech First, Inc. v. Cartwright, 32 F.4th 1110,

1128 (11th Cir. 2022). The Supreme Court has long recognized that “[t]he college

classroom with its surrounding environs is peculiarly the ‘marketplace of ideas.’”

Healy v. James, 408 U.S. 169, 180 (1972). And the right of students to associate

and speak through college organizations is a fundamental precursor to their

political and ideological expression. As such, the Supreme Court has made clear

that “[t]here can be no doubt that denial of official recognition, without

justification, to college organizations burdens or abridges [their] associational

right.” Id. at 181.

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7. In promulgating the Deactivation Order, Chancellor Rodrigues and

Governor DeSantis violated that constitutional command. By ordering the

deactivation of UF SJP on the basis of its constitutionally protected association

with an independent group engaged in constitutionally protected speech, the Order

stifles UF SJP’s pro-Palestinian advocacy on campus at a time when the

Palestine–Israel conflict is a matter of vital public discourse and concern.

8. If allowed to take effect, the Deactivation Order will deprive UF SJP

and its members of the resources, platforms, and modes of recruitment that enable

it to exist and engage in its mission.

9. Even before going into effect, the Deactivation Order has placed UF

SJP’s access to funding and resources in limbo, and deters current and prospective

UF SJP members from participating in its activities for fear of becoming

embroiled in a group subject to university sanctions. Instead of securely advancing

its mission to advocate for the rights of Palestinians, UF SJP now finds its very

existence in jeopardy.

10. The Deactivation Order is unconstitutional for two reasons. It violates

UF SJP’s First Amendment freedoms by punishing it for its protected speech and

association, including its association with NSJP. And it runs afoul of the First

Amendment’s protection against viewpoint-based restrictions on speech and

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association. For each of these reasons, the Court should declare that the

Deactivation Order is unconstitutional, and enjoin it.

PARTIES

11. Plaintiff UF SJP is a student organization formally registered in

accordance with University of Florida requirements. The organization’s purpose is

to engage in human rights advocacy and promote public awareness in its community

for a just and reasonable solution to the Palestine–Israel conflict. While its members

share certain common political viewpoints with NSJP and other SJP chapters around

the country, UF SJP is a distinct organization with no formal relationship to NSJP

or other SJP chapters. UF SJP is one of two SJP chapters referenced in the

Deactivation Order instructing campuses in the Florida State University System to

disband any student organization bearing the name “Students for Justice in

Palestine.”

12. Defendant Raymond Rodrigues is the Chancellor of the State

University System of the State of Florida. The Chancellor of the State University

System is appointed by the Board of Governors, and has authority to promulgate the

Board’s System-wide policies. Defendant Rodrigues promulgated the Deactivation

Order in conjunction with Governor Ron DeSantis. Defendant Rodrigues is sued in

his official capacity as Chancellor of the State University System.

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13. Defendant Ronald DeSantis is the Governor of Florida. Defendant

DeSantis promulgated the Deactivation Order in conjunction with Defendant

Rodrigues and has claimed credit for it. Defendant DeSantis is sued in his official

capacity as Governor of Florida.

14. Defendant Benjamin Sasse is the President of the University of Florida.

Under art. II, § 1 of the Constitution of the University of Florida, the President is

“the chief executive officer of the University and shall exercise general supervision

over all its activities.” The Deactivation Order instructs Defendant Sasse to

deactivate UF SJP. Defendant Sasse is sued in his official capacity as President of

the University of Florida.

15. Defendants Timothy M. Cerio, Manny Diaz, Jr., Aubrey Edge,

Patricia Frost, Edward Haddock, Jack Hitchcock, Ken Jones, Brian Lamb, Darlene

Luccio Jordan, Alan Levine, Charles H. Lydecker, Craig Mateer, Jose Oliva,

Amanda J. Phalin, and Eric Silagy are sued in their official capacities as members

of the Board of Governors of the State University System of Florida. The Board of

Governors is the governing Body of the State University System, responsible for

operating, regulating, and managing the public university system in Florida.

16. Defendants Morteza Hosseini, David L. Brandon, Richard P. Cole,

Christopher T. Corr, Olivia E. Green, James W. Heavener, Daniel T. O’Keefe,

Rahul Patel, Marsha D. Powers, Fred S. Ridley, Danaya C. Wright, Patrick O.

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Zalupski, and Anita G. Zucker are sued in their official capacities as members of

the University of Florida Board of Trustees. The Board of Trustees is a corporate

body established by Florida law that serves as the governing body of the University

of Florida, which is part of the State University System of Florida. The members of

the Board of Trustees set policy for the university and are responsible for

implementing and maintaining high-quality education consistent with the

University of Florida’s mission.

JURISDICTION AND VENUE

17. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331

and 1343 because this action arises under the First and Fourteenth Amendments to

the United States Constitution, and under 42 U.S.C. § 1983.

18. Venue in this district is proper pursuant to 28 U.S.C. § 1391(b) and

1391(e).

FACTUAL ALLEGATIONS

First Amendment-Protected Student Activism on College Campuses,

Including the University of Florida

19. Throughout American history, students have participated in and

benefited from the marketplace of ideas on college campuses, particularly with

respect to pressing and divisive social and political issues. The student-led Free

Speech Movement, which arose on college campuses during the Civil Rights

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Movement, drew nationwide attention and expanded alongside the movements to

demand gender equality and to protest U.S. involvement in the Vietnam War.

20. Particularly since World War II, the central role played by the U.S.

government and American institutions on the world stage has led U.S-based student

movements to regularly weigh in on matters of international concern. Student groups

in the State of Florida are no exception. In the 1980s, for example, University of

Florida student groups staged a 40-day sleep-in and protest on campus to express

their opposition to apartheid in South Africa.

21. Against this backdrop, the University of Florida has recognized the

fundamental importance of the First Amendment on its campus. In 2019, the

Florida College System Council of Presidents explained: “[I]t is not the proper role

of our institutions to attempt to shield individuals from ideas and opinions they

find unwelcome . . . . [C]oncerns about civility and mutual respect can never be

used as a justification for closing off discussion of ideas, however offensive or

disagreeable those ideas may be to some members of our communities.”1

1
Ava L. Parker, Chair, Fla. Coll. Sys. Council of Presidents, Statement on Free
Expression (Apr. 12, 2019), https://www.flgov.com/wp-content/uploads/2019/04/
FCS-COP-Statement-on-Freedom-of-Expression.pdf.

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Benefits Available to Registered Student Organizations

at the University of Florida

22. The University of Florida allows students to create, formally register,

and join student organizations, with over 1,000 student organizations currently

operating on its campus.

23. On campus, student organizations give students an opportunity to

build community around shared interests in professional goals, religious and

cultural beliefs, political and social activism, and sports. Recognizing that

extracurricular involvement is essential to the University of Florida experience, the

University actively encourages students to participate in registered student

organizations.

24. Once registered, student organizations and their members may access

a variety of university resources exclusive to registered groups, including access to

large meeting and event spaces, participation in campus-wide recruitment events,

training and leadership development, and funding for activities.

25. One such resource is the GatorConnect portal, an online platform

where students may browse a current list of organizations and a calendar of past

and upcoming events. Only registered student organizations may publish

information on the GatorConnect portal, and the portal lists only events hosted by

registered student organizations. To apply for permits needed to host large events

on campus, registered student organizations must use the GatorConnect portal.

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26. These university-sponsored resources enable student organizations to

support and grow their memberships, and to fulfill their organizational missions by

hosting programming for the campus community.

University of Florida Policies Regarding Student Organization

Conduct and Deactivation

27. The University of Florida has a number of policies that govern the

conduct of student organizations on campus and the deactivation of those groups.

28. University of Florida Policy Number 16-003 sets out requirements for

registered student organizations. This policy empowers the University to take

actions against student organizations that fail to comply with “any . . . University

regulation or policy” including: “[s]uspension or restriction of student and/or

organizational access to university benefits and/or resources,” and “[d]enial and/or

deactivation of registered student organization status (even if the organization was

approved).”

29. Student Honor Code and Student Conduct Code Regulation Number

4.040 stipulates that student organizations are required to abide by the Student

Honor Code and the Student Conduct Code. The University is obligated to address

any alleged violations of these codes “independently of any criminal or civil court

process.”

30. Under the regulation, student organizations accused of violating the

Code of Conduct are explicitly afforded procedural rights before they are punished

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by the University. Among other rights, students and their organizations are entitled

to: “[n]otice of Charges resulting from an alleged violation of the Student Honor

Code or the Student Conduct Code;” “[a] Hearing to determine responsibility of

any alleged violations of the Student Honor Code or the Student Conduct Code;”

and an opportunity to “[a]ppeal a decision of a Hearing Body.”

31. Defendants have not alleged that UF SJP violated the Student Conduct

Code, the Student Honor Code, or any other university regulations or policies.

32. Defendants have not initiated any of the prescribed procedures to

determine whether UF SJP should be subject to discipline.

The University of Florida Students for Justice in Palestine Chapter

The Formation, Mission, and Activism of UF SJP

33. In 2001, Students at the University of California, Berkeley founded

the first SJP chapter. Today, there are more than 200 SJP chapters nationwide.

34. Since at least 2009, University of Florida students have maintained a

UF SJP chapter in good standing with status as a registered student organization.

Since then, UF SJP is and has been in good standing with all university

requirements for registered student organizations.

35. UF SJP was founded as a human rights advocacy organization in

response to the failure of modern society to produce a just and reasonable solution

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to the Palestine–Israel conflict. It aims to promote international law, human rights,

and justice for all people affected by this conflict.

36. UF SJP includes a diverse membership of people from all faiths and

nationalities who believe in the attainability of peace. Its membership and activities

change with each academic year. Currently, the chapter has four board members,

and numerous active members.

37. UF SJP engages in a wide range of campus advocacy in service of its

mission. It has previously hosted teach-ins on the boycott, divest, and sanctions

movement; vigils for Palestinians killed by the Israeli military; social events to

celebrate Palestinian culture and food; and film festivals showcasing Palestinian

voices and stories.

38. The organization has also engaged in political and social advocacy on

other significant public issues. It has issued statements in support of Black Lives

Matter; boycotted the University food court for its association with prison labor

contractors; and, together with other student organizations, protested Florida’s

“Don’t Say Gay” Bill.

39. The University of Florida’s designated resources for registered student

organizations are fundamental to UF SJP’s operation, organizing, and existence on

campus.

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40. Currently, UF SJP’s sole source of funding is from the University’s

Student Government, which makes funding available only to registered student

groups. Losing this funding would significantly undermine UF SJP’s activism. The

group would not be able to afford to invite speakers to campus, print promotional

materials for events and recruitment, or provide food at events. For example, in

March 2023, UF SJP hosted a Palestinian embroidery class, using school funds to

purchase the necessary supplies for students in attendance and provide an

honorarium for the event’s speaker. Without university financial support, events

like this would be difficult for UF SJP to mount.

41. UF SJP regularly books on-campus meeting and event spaces, another

privilege reserved for registered student organizations. Having these spaces is

critical to building community and hosting events. Past UF SJP teach-ins and

meetings have drawn more than one hundred students. Because its members do not

have access to off-campus spaces of similar capacities, the only way for UF SJP to

host such large gatherings is by booking university rooms.

42. UF SJP utilizes GatorConnect features available only to registered

student organizations to book spaces and to add its events to the University-wide

calendar. The GatorConnect calendar is an effective way to reach students not

already affiliated with UF SJP who are interested in learning more about the

group’s activism.

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43. UF SJP’s organizing depends on university resources. Without these

resources, the organization would be unable to effectively organize and fulfill its

mission.

UF SJP’s Loose and Informal Affiliation with NSJP

44. NSJP was established in 2011, well after the creation of the first SJP

chapter in Berkeley in 2001, and after the UF SJP chapter’s own founding.

45. NSJP “seeks to empower, unify, and support student organizers as they

push forward demands for Palestinian liberation & self-determination on their

campuses.”2

46. UF SJP is affiliated with, but fully autonomous from, both NSJP and

other SJP chapters around the country. Article I of UF SJP’s own Constitution states:

“NSJP is not an umbrella organization of which we are a subordinate organization.

Rather, NSJP serves as a coalition and networking group for SJPs and other like-

minded groups on college campuses across the nation.”

47. UF SJP has no financial relationship with NSJP. It does not pay dues to

NSJP, nor does it receive funds from NSJP.

48. The vast majority of UF SJP’s communication with NSJP has come

through mass emails sent by NSJP to SJP chapters around the country.

2
Nat’l Students for Just. in Palestine, https://nationalsjp.org (last visited Nov. 15,
2023).

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49. NSJP’s mass communications to SJP chapters, including UF SJP, have

largely concerned trainings, advocacy templates, and notices about annual

conferences. UF SJP views NSJP’s materials as a resource, and may sometimes use

templates or consult educational materials, but NSJP’s resources do not dictate the

content or messaging of UF SJP’s independent advocacy. UF SJP makes its own

independent decisions about its views and advocacy.

50. Ultimately, UF SJP’s actions and principles are defined by the

University of Florida students in their organization on their campus—and no one

else.

UF SJP’s Activism in Response to Current Events

51. On October 7, 2023, Hamas launched an attack it called Operation al-

Aqsa Flood on Israeli soil, killing approximately 1,200 people, the majority of

whom were Israeli civilians and more than 30 of whom were children. Hamas also

took approximately 240 civilian and Israeli military hostages.

52. In response, the Israeli government launched an intense military

operation in the Gaza Strip and a crackdown on Palestinians living in the West

Bank. The Israeli military has dropped thousands of bombs in the Gaza Strip,

severely limited humanitarian aid from entering the Strip, and at times imposed a

communications blockade for Palestinians living there.

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53. The Israeli government’s military response has killed more than

11,000 Palestinians in the Gaza Strip, the majority of whom are civilians and more

than 4,600 of whom are children, and injured more than 28,000 people. The

response has also caused the displacement of more than 1.7 million people.

54. The humanitarian catastrophe in Gaza and the U.S. government’s

support for the Israeli government have triggered widespread protests and calls for

a ceasefire around the world, including here in the United States. Students and

student organizations, like UF SJP, are at the heart of this movement.

55. UF SJP board members were devastated by both the tragedy in Israel

and the Israeli government’s response in Gaza. They were and are consumed by

what the next days and weeks might hold for civilians, particularly Palestinian

civilians in Gaza. Despite being overwhelmed, UF SJP felt that its campus

activism was needed now more than ever, and it organized and mobilized quickly.

56. On October 8, UF SJP board members convened to discuss how they

could generate support for Palestinian human rights in Gaza. They considered

hosting a teach-in to educate other students about the history of the Palestine–Israel

conflict and UF SJP’s criticisms of the Israeli government.

57. On October 10, NSJP sent a mass email to SJP chapters around the

country, including ours, with a link to a document called the “Day of Resistance

Toolkit.” The toolkit offered messaging resources and a guide to organizing in

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light of the unfolding events in the region. UF SJP was not involved in or

consulted about the conception or drafting of NSJP’s toolkit.

58. Also on October 10, UF SJP issued its own statement on its social

media account “mourn[ing] the loss of innocent Palestinian and Israeli civilian

life.” The statement made clear that “the killing of any life is always undignified

and heartbreaking,” and asserted that “the root of violence, apartheid, and

occupation under Israel’s far-right government must end for peace.” The statement

concluded: “We hope that no more lives, Israeli or Palestinian, are lost. We pray

for those who are suffering.”

59. Two days later, UF SJP organized a teach-in to spread awareness

about the humanitarian crisis in Gaza and educate the student body on how to show

support for Palestinian human rights. The teach-in had unprecedented attendance

for a UF SJP event, with more than 200 students participating.

60. Frustrated by what UF SJP believed was the University

administration’s disregard for the Palestinian civilian deaths in Gaza and the failure

to support students perceived to be Palestinian and/or Muslim on campus, UF SJP,

in conjunction with other student groups, issued another public statement on

October 16. The statement stressed that “[v]iolence against all innocent life is

unacceptable,” and encouraged the University to “condemn[] all violence,

antisemitism, Islamophobia, Palestinian erasure, and anti-Palestinian sentiment.”

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61. On October 17, SJP issued a “call for action” on its social media

account. It encouraged its followers continue to show solidarity with the people of

Palestine: “organize,” “educate,” and “protest” to “END the gaza GENOCIDE.”

Chancellor Rodrigues’ and Governor DeSantis’ Order to Deactivate UF SJP

62. On October 24, 2023, Chancellor Ray Rodrigues sent a memorandum

to State University System of Florida’s Presidents ordering them to deactivate

“active National SJP Chapters.” While this Deactivation Order states that

Chancellor Rodrigues issued it in “consultation with” Governor Ron DeSantis, the

Governor’s spokesperson told the Tampa Bay Times that it was issued at the

Governor’s direction.

63. To justify deactivation, the Order links language from two different

parts of NSJP’s toolkit. In the first part, the toolkit refers to Operation Al-Aqsa Flood

as “the resistance”; in the second, the toolkit states that “Palestinian students in exile

are PART of this movement, not in solidarity with this movement.”

64. Based on those two statements, the Order concludes that “NSJP has

affirmatively identified it is part of the Operation Al-Aqsa Flood—a terrorist led

attack.” That, the Order concludes, is evidence that NSJP has provided material

support to a designated foreign terrorist organization, a felony violation of Florida

Statute 775.33(3).

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65. Chancellor Rodrigues flagged that the “State University System of

Florida has at least two institutions with” what he inaccurately characterized as

“active National SJP Chapters.” University of Florida is one of these institutions.

66. The Deactivation Order does not allege that UF SJP was in any way

involved in the drafting or circulation of NSJP’s toolkit. Nor does it allege that UF

SJP formally adopted or endorsed NSJP’s toolkit.

67. Similarly, the Deactivation Order does not include any direct

statements or materials from UF SJP. Indeed, the Order does not mention UF SJP,

except insofar as it notes that the chapter exists.

68. Although the memorandum ordered State University of Florida

System presidents to deactivate SJP chapters on their campuses, it does not identify

any violation of any law or university policy by either of the SJP chapters subject

to deactivation.

69. The Order also does not cite any evidence to suggest that the

statements contained in NSJP’s toolkit were anything other than NSJP’s own

independent political advocacy.

70. Nevertheless, the Order issued a clear directive: “[b]ased on” NSJP’s

“support of terrorism, in consultation with Governor DeSantis, the student chapters

must be deactivated.”

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71. The Deactivation Order referenced the possibility that student SJP

chapters could “form another organization that complies with Florida state statutes

and university policies,” though it did not specify what measures newly formed

organizations would need to take in order to comply.

72. Two weeks later, while on stage for a G.O.P. presidential debate,

Governor DeSantis celebrated and claimed credit for SJP deactivation in his state:

“I already acted in Florida. We had a group Students for Justice in 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. We’re not going to use state tax dollars

to fund jihad, no way.”

The Deactivation Order’s Harmful Consequences for UF SJP

73. The Deactivation Order, bearing the imprimatur of the State of

Florida’s highest executive and education officials, demands immediate

disbandment of UF SJP and references a state felony statute. Once the Order has

been carried out, UF SJP will cease to exist, and its members’ First Amendment

rights will have been irreparably infringed.

74. Even now, the Deactivation Order casts a significant chill on UF

SJP’s activities, causing its Board and members to think twice before organizing

and advocating for Palestine. The prospect of disbandment and potential

investigation, including felony investigation, has cast a pall of uncertainty and

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anxiety over current board members’ efforts to put on new events and deterred

prospective members from associating with UF SJP.

75. The Deactivation Order leaves open the possibility that UF SJP and its

members can avoid the harms of disbandment if they associate under a different

name.

76. On November 9, Chancellor Rodrigues publicly indicated that

University officials will “seek an express affirmation” from local Students for

Justice in Palestine chapters in Florida that “they reject violence,” “reject they are a

part of the Hamas movement,” and “will follow the law.”

77. These ultimatums place UF SJP in an untenable position. UF SJP’s

constitution already makes its independent and lawful mission clear. It will in

addition face government pressure to express a particular viewpoint in a particular

way—by disavowing beliefs and associations it has never claimed to hold—to

protect itself from the imminent threat of disbandment. Even if UF SJP were to

comply with these demands, that would only open the door to further ultimatums

constraining its constitutionally protected expression and association.

78. Although UF SJP is still organizing for Palestinian rights, the looming

threat of deactivation hampers its activism. UF SJP board members fear that at any

moment the University will deny them access to critical school funds, resources,

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and facilities that are fundamental to the survival and operation of their

organization.

79. Similarly, board members worry that derecognition will

fundamentally disrupt their ability to sustain their growing momentum for their

advocacy. Since October 7, UF SJP has gained 663 Instagram followers, with its

advocacy statements now reaching over 9,000 accounts on Instagram. While the

group’s events typically drew 10 attendees, one recent event drew an overflowing

crowd at a large lecture hall on campus. Without the ability to book campus

facilities or communicate with their new supporters, UF SJP will not be able to

retain or engage with this increasing support for Palestinian rights on campus.

80. Ultimately, the Deactivation Order directly hampers UF SJP’s ability

to organize at a time when the group views it as critically necessary because the

situation in Palestine is rapidly deteriorating. Rather than focusing on their

advocacy, UF SJP students are forced to redirect time and resources towards

vindicating their own constitutional rights.

CAUSE OF ACTION

First Claim for Relief

42 U.S.C. § 1983 (First Amendment to the U. S. Constitution)

81. All students on public university campuses have the First Amendment

right to speak and associate through the formation of student organizations.

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82. The First Amendment binds the State of Florida pursuant to the

incorporation doctrine of the Fourteenth Amendment. In all of the following

paragraphs, references to the First Amendment include the First Amendment as

applied to the states through the Fourteenth Amendment.

83. The Deactivation Order denies UF SJP members the right to

collectively speak and associate.

84. The Deactivation Order unconstitutionally censors and penalizes UF

SJP on the basis of its First Amendment protected association with NSJP.

85. The Deactivation Order unconstitutionally censors and penalizes UF

SJP on the basis of the content and viewpoint of NSJP’s speech.

86. The Deactivation Order unconstitutionally censors and penalizes UF

SJP on the basis of its imputed viewpoint. In particular, the Deactivation Order

singles out SJP chapters in Florida for disbandment because of the views expressed

in NSJP’s toolkit.

87. Viewpoint-based discrimination is presumptively unconstitutional in

any setting. Its dangers are magnified in the university setting, because they

interfere with long-recognized academic freedom principles.

88. Even if the University of Florida’s registered student organization

system constitutes only a limited public forum, Defendants may not deny UF SJP

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 Case 1:23-cv-00275-MW-MJF Document 1 Filed 11/16/23 Page 24 of 25

access to that forum on the basis of its viewpoint, its imputed viewpoint, or the

viewpoint of its affiliates.

PRAYER FOR RELIEF

WHEREFORE, in light of the foregoing facts and arguments, Plaintiff

respectfully request that this Court:

A. Issue preliminary and permanent injunctive relief restraining

Defendant and its employees, agents, and successors in office from

enforcing the Deactivation Order;

B. Declare the Deactivation Order unconstitutional under the First

Amendment to the United States Constitution;

C. Award Plaintiff’s costs of suit and reasonable attorneys’ fees and

other expenses under 42 U.S.C. § 1998; and

D. Grant such additional relief as the interests of justice may require.

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 Case 1:23-cv-00275-MW-MJF Document 1 Filed 11/16/23 Page 25 of 25

Dated: November 16, 2023 Respectfully submitted,

/s/ Daniel B. Tilley Hina Shamsi*

Daniel B. Tilley (FBN 102882) Brian Hauss*
Jerry C. Edwards (FBN 1003437) Brett Max Kaufman*
AMERICAN CIVIL LIBERTIES Shaiba Rather*
UNION FOUNDATION OF FLORIDA AMERICAN CIVIL LIBERTIES
4343 West Flagler Street, Suite 400 UNION FOUNDATION
Miami, FL 33134 125 Broad Street
Tel.: (786) 363-2714 New York, NY 10004
[email protected] Tel.: (212) 549-2500
[email protected] [email protected]
[email protected]
[email protected]
[email protected]

Aamra Ahmad*
Tyler Takemoto*
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
915 15th Street NW
Washington, DC 20005
Tel.: (202) 457-0800
[email protected]
[email protected]

Radhika Sainath*
PALESTINE LEGAL

New York, NY

*Pro hac vice application forthcoming

Counsel for Plaintiff

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