University DEI spending prohibition challenged by professors in federal court

The ACLU of Florida filed suit this week against a 2023 law it argues curtails academic freedom and violates First Amendment rights.
The lawsuit was filed on behalf of professors whose careers have been “disrupted” as a result of SB 266, a law mandating Florida schools not spend state or federal funds to promote or maintain programs that advocate for DEI “or promote or engage in political or social activism.”
One of the professors, Sharon Austin, who teaches political science at the University of Florida, complains she was denied funding to present at a 2024 conference hosted by Diversity Abroad, which the school had funded her to present at in 2023. The school specifically cited SB 266 in refusing to pay for her to appear subsequently, the suit alleges.
Austin had hoped to present and receive feedback on a book she is writing “focused on academic freedom and restrictions on diversity, equity, and inclusion across the United States,” according to the suit.
“The regulation’s definitions are ambiguous, inconsistent, and far too broad to provide any real guidance other than indicating the Legislature’s and the BOG’s intent to disfavor certain speech,” the plaintiffs argued in the 66-page complaint.
The lawsuit names the Board of Governors and boards of trustees at University of Florida, Florida State University, and Florida International University as defendants.
‘Without clarity’
The plaintiffs allege viewpoint discrimination under the First Amendment, that the law is over-broad, and violates Florida’s Campus Free Expression Act. Attorneys for the ACLU of Florida argue the law should be void for vagueness, too.
The suit argues that professors have altered course titles and descriptions to comply with the statute “without clarity on how to comply with the law.”
The Legislature left it up to the Board of Governors to define diversity, equity, and inclusion; political or social activism; and social issues.
The definitions, the plaintiffs argue, have been interpreted by the Board of Governors and university trustees “to align with Governor DeSantis’s viewpoints.”
The governor holds the power to appoint members to the Board of Governors and to university boards of trustees.
“Together, S.B. 266 and the regulations have left instructors and students fearful for the future of not only education, but also free thought and democracy in Florida,” plaintiffs argue.
The ACLU argues that the law undermines the exchange of ideas by restricting or eliminating courses, cutting funding for DEI initiatives, impeding academic research, and stifling student voices.
“Given the vague and overbroad prohibitions in S.B. 266, professors at Florida’s colleges and universities fear how their ordinary conduct, potentially violative of S.B. 266, may impact their ability to retain their jobs at all,” the lawsuit argues, pointing out that tenure is now challenged by post-tenure review, another action taken by the Board of Governors.
As part of the regulations created by the board, courses like “Principles of Sociology” and “Politics of Race” no longer satisfy the general education requirement, the plaintiffs argue, which reduces enrollment in the courses, causing departments to lose enrollment-based funding.
“This lawsuit is a critical part of our effort to protect the cornerstone of democracy — free expression,” Bacardi Jackson, executive director of the ACLU of Florida, said in a news release.
“We stand united to ensure that Florida’s universities remain spaces where ideas can flourish, truths can be pursued, and diverse voices can be heard without fear of political interference or reprisal,” Jackson continued.
‘The state’s preferred view’
The lawsuit points out that the state funds the Hamilton Center, a UF academic center “devoted to research and teaching on Western civilization.” Plaintiffs argue that the topics at the Hamilton Center “fall within the State’s preferred view of the Western Canon and related speech … although they also arguably fall within ‘political or social activism’ but have not been targeted.”
“Through this lawsuit, we are fighting to protect the rights of educators and students to engage in open, uninhibited dialogue without the looming threat of state interference,” ACLU attorney Jerry Edwards said in a news release.
“Allowing this law to stand continues a dangerous precedent, emboldening other states to adopt similar measures and casting a chilling effect on academic inquiry nationwide,” Edwards continued. “The future of intellectual freedom in American universities is at stake, and we must act now to defend it.”
Plaintiffs are seeking a preliminary and permanent injunction against the law, declaration that the law is unconstitutional, and attorney fees.
Student activity fee
The suit argues student organizations funded by student activity fees operations have been chilled, including student journalists.
“[State regulations’] vague definition of ‘social issues’ could affect hundreds of student organizations in Florida’s public universities — those deemed by Defendants as drivers of political or social activism, advocating for change to government policies or actions, or promoting topics that are ‘polarizing’ or ‘divide society,’” the lawsuit argues.
The Tallahassee Democrat published an opinion column Thursday by Owen Girard, a self-described “liberal-turned-conservative Gen Z student activist,” titled, “Florida still funding DEI programs at public universities, despite state’s stand.”
The columnist, a senior at FSU, argues “one of the easiest ways universities have worked around the state law is through the student governments,” which operate using “activity and service” fees.
The 2023 law contains an exception for organizations funded by student fees.
Alan Levine, vice chair of the Florida Board of Governors, replied to a post about the column on X Thursday, saying “This is not ok. I plan to inquire.”
