U of Florida bars professors from helping lawsuit against state

The University of Florida banned three professors from assisting plaintiffs in a lawsuit against the state against Florida’s new voting restrictions.

The move baffled faculty proponents, who said it raises serious questions about academic freedom and (since Florida is a public institution) the First Amendment.

The new law is one of a series of measures introduced in Republican-led states in recent years. It restricts the use of mailboxes for voting and makes it difficult to receive postal ballot papers. Defending justice from lawsuits was a major goal of Republican Ron DeSantis.

“The University of Florida has a long track record of supporting the freedom of speech and academic freedom of our faculty, and we will continue to do so,” the university said in a statement on its actions. “It is important to note that the university has not denied Professors Dan Smith, Michael McDonald and Sharon Austin the rights of the First Amendment or academic freedom to serve the interests of the university as an institution in the state of Florida.”

The Foundation for Individual Rights in Education issued a statement saying it was “deeply concerned” about the decision.

“FIRE has said it before, and we will say it again: The deep civic importance of fair trials requires the ability of factual and expert experts to testify truthfully without fear that their government employer might retaliate against them “, it says in the statement. “The faculties of the public university are no exception. We urge UF to reverse course immediately.”

The statement said Plymouth State University in New Hampshire fired an adjunct lecturer after giving evidence in a 2019 criminal case. Lecturer Nancy Strapko threatened to file a lawsuit – and the university paid her for the settlement.

“UF should be aware that Plymouth State University’s rash decision to penalize faculties who testified in litigation ultimately cost New Hampshire state taxpayers $ 350,000. FIRE warned Plymouth State at the time, and we are warning UF now: If you struggle with the First Amendment, you will lose, “the FIRE statement said.

Michael A. Olivas, a college law professional who recently retired from the University of Houston Law School, has served on numerous lawsuits against Texas and other states.

He said the University of Florida’s decision to exclude professors from attending the lawsuit was a demonstration of “powerlessness” and given that professors are likely to go to court to gain the right to attend, ” wasteful “.

Olivas said the decision reflected “a unique hypocrisy” of the “demolition culture”: Republicans love to talk about how dangerous the demolition culture is to science, but they are quite willing to wipe out those they disagree with.

He said the ruling denies the Florida courts the expertise of faculty members and denies faculty members their right to freedom of expression.

“You can’t even express a point of view,” he said.

The Associated Press reported that the professors are indeed threatening legal action.

“The university cannot silence professors on matters of great public concern. These professors are citizens who are entitled to participate in the marketplace of ideas, ”said their lawyers Paul Donnelly and Conor Flynn in a letter to the university. “These illegal restrictions are shameful and could very well deter top scientists from joining the ranks of the UF.”

The United Faculty of Florida, which represents professors at the University of Florida, sent a letter to the university on Friday.

It stated: “All citizens of the United States, including university professors, have the fundamental right to raise complaints against their government, especially if that government acts in a way that undermines the rights, privileges and freedoms of those citizens. The Florida faculty exists that this faculty has the right – even a duty – to participate in litigation in their area of ​​expertise, regardless of their means or location of employment. The idea that the University of Florida would try to limit that right and duty for reasons that go against the basic principles of American democracy is political coercion of the greatest magnitude. “

The letter goes on to say, “UF’s world-class faculty has historically served as advisor to both Democrats and Republicans, both for and against the executive branch. Changing these policies now, using forms of external activity in support of a political agenda as a weapon, does not do any good in public support, and it only serves to degrade the university’s reputation in the local community and nationally. “

Smith, one of the professors, is a professor of political science at the university. He posted this picture on Twitter the day he was notified that the university would block his participation in the lawsuit.

https://www.insidehighered.com/news/2021/11/01/u-florida-bars-professors-helping-lawsuit-against-state