Protesters at USF hold a banner supporting students who were suspended after pro-Palestine demonstrations. By Aida Sarsenova/WMNF News (27 July 2024).
Tampa Bay’s Students for a Democratic Society is suing the University of South Florida (USF) for freedom of speech. This involves several complaints of Constitutional violations against the students in SDS.
SDS said USF has targeted their pro-Palestinian actions and rallies by shutting down protests and events. The university has banned the organization. In a press release SDS said this violates students’ rights to free speech and assembly.
Such a ban is a violation of the First Amendment rights, Title VI of the Civil Rights Act, and Florida common law protections for free expression. As a public university, USF is bound by the law to respect the right to protest, and as per the Civil Rights Act, public institutions cannot retaliate against such protesting. Additionally, Florida common law promotes peaceful assembly and expression in public spaces.
Walker Smith IV is the attorney for SDS. He said USF has silenced a number of students and organizations speaking about Palestine.
“Some of the allegations in the complaint are pretty specific in regard to students being out protesting for Palestine. Being specifically told that they would be allowed to stay if they didn’t talk about that subject anymore,” Smith IV said.
He said this is the clearest violation of free speech that he has ever seen. The Campus Free Expression Act protects students’ speech on university campuses.
“Hopefully, the expulsion and ostracizing of SDS from campus will be reversed. As well as monetary damages for any damages that have been caused by the university or its actions,” Smith IV said.
Smith IV said the students of the organization have been tear-gassed by police. The next day, the university put cameras on a tree in the Martin Luther King Plaza. He said the university is intimidating them into being quiet because they don’t want to discuss a difficult topic.
Saba Indawala is a member of SDS. She said students of the organization filed Student Equal Opportunity Report forms and never received a response. This included her own report.
“In the report form, many of us reported this is a violation of free speech. We have the right to represent Palestine and stand against this genocide that is happening, and no response was given back,” Indawala said.
She said they should have the right to speak about Palestine and the university is repressing students’ free speech by taking down flyers, stopping tabling events and protests.
On April 30, 2024, the university sent a statement regarding the events where demonstrators were teargassed and arrested.
Ryan Hughes, the Manager of Media Relations for USF, said in a statement that SDS was expelled from campus in 2024 for violations.
The Tampa Bay Students for a Democratic Society student organization was expelled by USF in 2024 after multiple and repeated violations of the university’s student code of conduct. USF values free speech and the right of individuals and groups to express themselves. However, such activity must follow university policies and state and federal laws, and there are consequences for those who fail to comply. USF stands by the sanctions imposed on SDS, and we will defend ourselves against these meritless claims through the legal process.
The court has issued SDS a document that says USF will have to respond to the lawsuit. Along with this summons, there will be cover sheets and other documents involved in the lawsuit that will be handed to USF.
Once USF is served, they will have 20 days to respond.