UF professors file federal lawsuit alleging ‘stifling of faculty speech’

Three University of Florida professors who were barred from testifying in a lawsuit against the state’s new voting law filed a federal lawsuit Friday alleging their First Amendment rights were violated and asking the court to strike down the school policy that led to a “stifling of faculty speech against the state.”

The lawsuit came despite the university reversing its decision earlier Friday and allowing the three faculty members, all political science professors, to participate in the voting rights lawsuit after all — as long as they did so on their own time and did not use school resources.

The suit notes that the state has not “prohibited testimony by professors at public universities that favor its viewpoint.”

It also points to reports that the university had also denied similar requests from other faculty to participate in legal action. “Those applications had one thing in common with plaintiffs’,” the lawsuit says. “They sought permission to support groups bringing litigation against the state.”

Faculty members, it says, were not employed “to be mouthpieces for a particular administration’s — or any administration’s — point of view.”

Hessy Fernandez, a spokesperson for the university, said UF does not comment on pending litigation.

The lawsuit, filed in federal court in Gainesville, lists UF president Kent Fuchs, provost Joe Glover and the university’s board of trustees as defendants. It takes aim at a university policy stating that any employee activity that “affects, or appears to affect, their professional judgment or obligations to the University” could be conflicts.

The policy, which was amended July 1, 2020, requires faculty members to file a request through a university portal each time they wish to participate in outside activities.

The lawsuit states that two of the professors previously testified as voting rights experts in cases prior to 2020, including those in which the state was a defendant. This time, however, their requests were denied stating it was not in the best interest of the university.

“Discrimination and prior restraint on the basis of viewpoint or content are presumptively unconstitutional,” the lawsuit says.

While the lawsuit acknowledges the decision surrounding the three professors was reversed, the policy remains in place, and that could lead to the same thing happening again, it said.

The three professors — Daniel Smith, Michael McDonald and Sharon Austin — asked for the policy to be declared unlawful, and for the university to be permanently prevented from enforcing any policies that limit activities because they don’t align with the state’s interests.

Follow what’s happening in Tampa Bay schools

Subscribe to our free Gradebook newsletter

We’ll break down the local and state education developments you need to know every Thursday.

Loading...

You’re all signed up!

Want more of our free, weekly newsletters in your inbox? Let’s get started.

Explore all your options

If no action is taken, the lawsuit said, “the University’s Policy will continue to impede Plaintiffs from serving as expert witnesses or otherwise lending their analysis or expertise to litigation challenging State policies, in violation of the First Amendment.”

• • •

Sign up for the Gradebook newsletter!

Every Thursday, get the latest updates on what’s happening in Tampa Bay area schools from Times education reporter Jeffrey S. Solochek. Click here to sign up.