Federal Judge Gives Ron DeSantis a Win Against Pro-Hamas College Student Groups

AP Photo/Charlie Neibergall

In a recent and contentious legal case, a federal judge gave Florida Gov. Ron DeSantis a win in a ruling against pro-Hamas college student groups on college campuses. The case illustrates the ongoing debate between protecting free speech while also addressing language that could legitimately lead to violence against particular groups.

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The situation started shortly after Hamas launched a surprise attack on Israel on October 7, killing over 1,000 Israeli civilians and military personnel. The ensuing war prompted numerous protests and rallies from people on both sides of the conflict.

On college campuses, however, various pro-Hamas groups staged rowdy protests, issuing threats and, in some cases, calling for genocide against the Jewish people. In response, DeSantis banned two pro-Hamas groups that had engaged in this behavior. Two chapters of the group asked the court to halt the ban, but the judge decided differently.

A federal judge delivered a win of sorts for Florida Gov. Ron DeSantis on Wednesday, refusing to take action against the recent Republican presidential drop-out over efforts to deactivate pro-Palestinian student groups protesting on college campuses amid the Israel-Hamas war.

Chief U.S. District Judge Mark Walker on Wednesday denied injunctions sought by the University of Florida and University of South Florida chapters of Students for Justice in Palestine to prevent their deactivation on free speech grounds, essentially because nothing has been done to follow through with the directive and the groups are still active.

State university Board of Governors Chancellor Ray Rodrigues wrote to university presidents in October at DeSantis' urging, directing them to disband chapters of Students for Justice in Palestine. He argued the groups were violating Florida law deeming it a felony to "knowingly provide material support ... to a designated foreign terrorist organization."

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However, Judge Walker did indicate that the governor, chancellor, and the Board of Governors did not have the formal authority to punish student organizations, noting that this type of action would fall under the purview of individual university boards. Indeed, Columbia University did just that.

In several cases, members of these groups have engaged in violent and threatening behavior as they advocate in favor of Hamas and the Palestinians. However, Columbia University is not putting up with it any longer. On Friday, the Chair of the Special Committee on Campus Safety, Gerald Rosberg put out a statement announcing that the university was suspending SJP and JVP for continually violating campus policies.

Columbia University is suspending Students for Justice in Palestine (SJP) and Jewish Voice for Peace (JVP) as official student groups through the end of the fall term. This decision was made after the two groups repeatedly violated University policies related to holding campus events, culminating in an unauthorized event Thursday afternoon that proceeded despite warnings and included threatening rhetoric and intimidation.

Suspension means the two groups will not be eligible to hold events on campus or receive University funding. Lifting the suspension will be contingent on the two groups demonstrating a commitment to compliance with University policies and engaging in consultations at a group leadership level with University officials.

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This case has elicited discussion over free speech on college campuses, which has been a hotly debated topic over the past decade. On one hand, people have rightly pointed out that safeguarding the free exchange of ideas in academia is paramount. However, issues arise when individuals are engaging in speech that threatens a particular group of people – especially when the speech could be seen as a legitimate threat of violence.

This goes beyond simply protecting offensive speech. The First Amendment does not protect incitements to violence. Even though it appears Florida’s government has not begun dismantling these groups, it has sent a message to those who think it appropriate to call for genocide against Jews because of the war in Gaza.

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