In a federal lawsuit filed on Thursday, the American Civil Liberties Union (ACLU) has challenged Florida's ban on pro-Palestinian university groups. The ACLU argues that the state's ban on Students for Justice in Palestine (SJP) is a violation of students' free speech rights, particularly during a time of heightened tensions over Israel's war with Hamas. Last month, Florida's university system, backed by Governor Ron DeSantis, ordered colleges to shut down SJP chapters, claiming that they are affiliated with a foreign terrorist movement.

The lawsuit, which targets Governor DeSantis, several state university system officials, and the University of Florida's SJP chapter, seeks a preliminary injunction against the state order that prohibits SJP from receiving school funds and using campus facilities. Howard Simon, interim executive director of ACLU of Florida, expressed concerns about the attack on free speech, stating that silencing pro-Palestinian students does not protect any community. He emphasized the dangerous nature of suppressing free speech.

Responding to the lawsuit, Jeremy Redfern, a spokesperson for Governor DeSantis, defended the ban, stating that groups associated with a foreign terrorist movement have no place on university campuses. Meanwhile, State University System of Florida Chancellor Ray Rodrigues did not provide any comment on the matter.

This legal battle comes as universities across the nation grapple with issues originating from both sides of the Israeli-Hamas conflict. Some students accuse their schools of not adequately addressing antisemitism, while others argue that the schools are turning a blind eye to the suffering of Gazans under Israeli fire.

The ACLU's lawsuit, filed in a District Court in Florida, cites a Supreme Court decision affirming students' right to associate and speak out on matters of public concern. It also references another case that established that federal law does not criminalize independent political advocacy unless it is done in coordination with or at the direction of foreign terrorist groups.

Brandeis University has already indefinitely banned SJP, while Columbia University and George Washington University have suspended the group. These schools have cited SJP's national organization's support for the Hamas attack and argued that their campus chapters violated school policies. The student groups, however, argue that the suspensions and bans are unjust.

Protests against the suspensions of SJP chapters erupted at Columbia University and George Washington University, with videos of Palestinian supporters rallying being shared on Instagram. Florida's university system justifies its ban based on a “toolkit” issued by the national SJP, which referred to Hamas' attack as "the resistance" and claimed that Palestinian students in exile are part of the movement.

Chancellor Rodrigues, in his October 24 memo ordering the ban, stated that the national SJP identified itself as part of the Hamas attack. He also emphasized that providing material support to a designated foreign terrorist organization, such as Hamas, is a felony under Florida law.

Brian Hauss, senior staff attorney with the ACLU Speech, Privacy, and Technology project, and counsel in the case, argues that the student plaintiffs in the state university system have been unfairly associated with the national Students for Justice in Palestine. Hauss emphasizes that the student chapters are independent and autonomous, distancing themselves from the national organization. He also does not believe that the national organization can be held criminally liable for its statements in support of Hamas.

As tensions persist, Israel claims that Hamas killed 1,200 people in the October 7 assault and took approximately 240 hostages to Gaza. On the other hand, Gaza health authorities report that over 11,000 people have been confirmed killed in Israel's counteroffensive in Gaza.

It is important to note that at least two Florida universities, the University of Florida and the University of South Florida, have chapters of Students for Justice in Palestine.