Academia, Constitutional Law, Free Speech

Florida Moves to Ban Pro-Palestinian Student Group from Campuses

Florida Gov. Ron DeSantis’s administration has ordered state universities to ban a pro-Palestinian student organization, Students for Justice in Palestine (SJP). The state has denounced SJP as supporting a “terrorist organization” after the massacre of Israelis by Hamas. I have previously written how Hamas is morally and legally a terrorist organization. However, this move would, in my view, violate the First Amendment and chill the exercise of free speech in higher education.

State university system Chancellor Ray Rodrigues wrote to university presidents Tuesday directing them to disband chapters of SJP. He quoted the national group’s declaration that “Palestinian students in exile are PART of this movement, not in solidarity with this movement.”

That is a rather thin rationale for declaring that the student groups are now aiders and abetters of terrorism. Nevertheless, Rodrigues declared “it is a felony under Florida law to ‘knowingly provide material support … to a designated foreign terrorist organization.’”

Students for Justice in Palestine has been on U.S. campuses for decades with more than 200 chapters across the United States. The Supreme Court has repeatedly struck down such content-based bans and has been particularly protective of free speech in higher education. In 1943, in the midst of World War II, Supreme Court Justice Robert Jackson wrote schools “educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.”

The Supreme Court has protected speech that is vile and prejudicial. That included the racist and anti-Semitic speech of a Catholic priest in Terminiello v. City of Chicago, 337 U.S. 1 (1949). In that case, Justice William O. Douglas wrote:

The right to speak freely and to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes.

Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute… is nevertheless protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. …There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.

I strongly disagree with many of the protests being held on campuses, including a deeply disturbing incident at George Washington University this week praising “the martyrs” in the Hamas attack. Our Jewish students need to feel safe on our campuses — a concern magnified this week by the image of Jewish students locked in a library for their own protection in New York.

However, the solution is not the denial of free speech on our campuses. Higher education demands a protective space for a diversity of viewpoints. The solution to bad speech remains better speech, not censorship or criminalization of speech.

224 thoughts on “Florida Moves to Ban Pro-Palestinian Student Group from Campuses”

  1. I agree with Professor Turley about this. At the same time, I don’t believe universities would tolerate student organisations that express support for groups that massacred blacks, gays, trans or any other “protected class, or illegal immigrants, in America to drive them out. Yet they permit student organisations to express support for Hamas. This is an appalling double standard.

    1. And yet the brand of Islam involved here does execute gays and subjugate women. If the women happen to be Jewish their treatment is far worse than subjugation, as we recently witnessed.

  3. While I appreciate the good professor’s efforts to keep things civil, within the Constitution, and the social contract intact, we may have to consider the real possibility of not only WWIII, but the possible social and civil strife we may see in the streets of America.
    The possibility of people taking actual, real violence against the pro-Palestine OR the pro-Israel sides.
    And could that spill over into other divisions within our society, be it race, religion, socio-economic class or political party affiliation?
    I fear for the life of the good professor and his family.
    I fear for my Jewish friends.
    I fear for our nation.

    Invest in chickens, PMs and ammo.

    1. I too fear for Jews. My father owned a store in North Miami Beach that was the epicenter of Judaism at the time (1970s-1990s). My father never learned English (he had a 3rd grade education and his Spanish was not polished), and his Jewish customers did not know Spanish. They communicated with sign language and their need for each other. Yet his business thrived. His customers would often admonish me: Your father is a hard worker. Follow his example. I never thought Jews were lesser than anyone, if anything, better than most and excellent role models. My father thought the world of Jews since they show him how to become an entrepreneur. Some offered to write me letters of recommendation for college if I needed them. I found Jews to be intensely loyal and opinionated, just like Cubans. Thus it pangs me to see the current wave of anti-Semitism enabled by Democrats / MSM.

      Jews will pay Democrats back with kicking them out of office, not that Republicans deserve any assistance. Clowns all of them (Dems and Reps).

      Good Sabbath!

      2. Estovir……That’s a wonderful story about your father…………..and a beautiful and appropriate number from Fiddler.
        Thank you for both.

        1. Thanks Cindy. It seems to me Proverbs 31 applies to you. Your husband is blessed beyond measure to have you. Thanks for your witness.

          Ode to a Capable Wife

          10 A good wife who can find?
          She is far more precious than jewels.
          11 The heart of her husband trusts in her,
          and he will have no lack of gain.
          12 She does him good, and not harm,
          all the days of her life.
          13 She seeks wool and flax,
          and works with willing hands.
          14 She is like the ships of the merchant,
          she brings her food from afar.
          15 She rises while it is yet night
          and provides food for her household
          and tasks for her maidens.
          16 She considers a field and buys it;
          with the fruit of her hands she plants a vineyard.
          17 She girds her loins with strength
          and makes her arms strong.
          18 She perceives that her merchandise is profitable.
          Her lamp does not go out at night.
          19 She puts her hands to the distaff,
          and her hands hold the spindle.
          20 She opens her hand to the poor,
          and reaches out her hands to the needy.
          21 She is not afraid of snow for her household,
          for all her household are clothed in scarlet.
          22 She makes herself coverings;
          her clothing is fine linen and purple.
          23 Her husband is known in the gates,
          when he sits among the elders of the land.
          24 She makes linen garments and sells them;
          she delivers girdles to the merchant.
          25 Strength and dignity are her clothing,
          and she laughs at the time to come.
          26 She opens her mouth with wisdom,
          and the teaching of kindness is on her tongue.
          27 She looks well to the ways of her household,
          and does not eat the bread of idleness.
          28 Her children rise up and call her blessed;
          her husband also, and he praises her:
          29 “Many women have done excellently,
          but you surpass them all.”
          30 Charm is deceitful, and beauty is vain,
          but a woman who fears the Lord is to be praised.
          31 Give her of the fruit of her hands,
          and let her works praise her in the gates.

          1. Estovir!! You are too, too kind!! I am not worthy of that scripture. It’s far more fitting when remembering my mother….. but I do try…..and I thank you from the bottom of my heart for your kindness.
            Enjoy the gorgeous autumn foliage up there!!

  4. HELP

    A number of blogs ago we discussed a video of Lawn Boy presented to the school board along with another book. Does anyone remember the name of the other book and the address of the video.

    If you can please post it here.

    Thanks

  5. THE AMERICAN FOUNDERS AND FRAMERS BANNED PALESTINIANS FROM BEING ADMITTED TO BECOME CITIZENS
    ____________________________________________________________________________________________________________________________

    The American Founders and Framers conclusively addressed this issue of subversive and treasonous advocacy and support for an enemy by requiring that immigration be homogeneous.

    To “fundamentally transform” is to subvert as a clear and distinct action of an enemy.

    Abraham Lincoln and Barack Hussein “Barry Soetoro” Obama committed antagonistic acts of “fundamentally transforming the United States of America,” all in the name of Karl Marx and his communism.
    _______________

    Merriam-Webster

    enemy

    noun
    en·​e·​my ˈe-nə-mē
    plural enemies

    1: one that is antagonistic to another
    – especially : one seeking to injure, overthrow, or confound an opponent

    2: something harmful or deadly
    – alcohol was his greatest enemy

    3a: a military adversary
    3b: a hostile unit or force
    ____________________________

    antagonistic

    adjective
    an·​tag·​o·​nis·​tic (ˌ)an-ˌta-gə-ˈni-stik

    : showing dislike or opposition : marked by or resulting from antagonism
    – an antagonistic relationship
    – factions antagonistic to one another

    1. “DIWORSIFICATION”

      “Distrust diversifications, which usually turn out to be diworseifications.”

      – Peter Lynch, One Up Wall Street, 1989

  6. It is an interesting case. The National Students for Justice in Palestine claims that they are “PART of this movement, not in solidarity with this movement.” This could provide the fig leaf the DeSantis administration needs to claim that the protests by chapters, coordinated by the National organization, are “services rendered” to a terrorist organization.

    I would not, myself, ban the group(s), but DeSantis may be able to do so under Florida law, given the above.

  7. Ah, yes, the usual Leftish mantra, “Hate has no place here.”

    Unless the hatred is against Republicans, conservatives in general, men, white men, white women, Christians, Jews, Israel, Asians who are just too successful, anyone who thinks a photo ID should be required to vote, Trump, Trump voters, anyone wearing a MAGA hat, anyone standing there passively while a Native American man bangs a drum aggressively in his face and then later lies about what happened, anyone who supports police, anyone with a Thin Blue Line flag, t-shirt, or hat, anyone condemning BLM riots, anyone questioning what the heck BLM did with all that money and why black people are worse off because of them, anyone pointing out BLM is blatantly antisemitic and has consistently supported antisemitic terrorist organizations, anyone criticizing mandatory Covid vaccines or people getting fired for not taking it, anyone criticizing mask mandates, anyone criticizing how long lock-downs dragged on, anyone pointing out that it’s unfair for Hollywood craft services to have been allowed to operate while restaurants were closed, those who say that a man does not actually become a woman just by saying so, those who disagree that men who claim to be trans are not “real women”, those who disagree with castrating minors, those who want parents to be informed if a kid identifies as trans at school, those who disagree with racist DEI in curricula and workplaces, those who condemned employees being forced to kneel in front of black people and apologize for being white, and on down a list that gets added to every week.

    Then hate is not only fine, but required.

      1. Upstate – ignore Anon. I like it when you say that, and he’s probably just jealous that you never say it to him.

        1. OldManFromKS,
          I have taken my own advice as reminded by our good friend Estovir and just scroll past.
          However, in this case, while scrolling past I did see a legit question and took the time to answer.
          As Estovir recommended back to me my own advice, I will just scroll past.
          And, OldManFromKS, well said! 😉

    2. Karen,

      Fyodor Dostoyevsky had the Left in mind when he wrote:

      The most offensive is not their lying—one can always forgive lying—lying is a delightful thing, for it leads to truth—what is offensive is that they lie and worship their own lying…

      – “Crime and Punishment”

  8. The solution to bad speech remains better speech, not censorship or criminalization of speech.

    You are parroting fundamentalism. If >51% of the population lacks virtues, then bad speech will outnumber better / virtuous speech. A people without virtue is like having a house without a foundation. When a strong wind blows, they both collapse. The Founding Fathers wrote the US Constitution on the premise that their audience comprised a moral and virtuous people. In ejecting these from our nation, the US Constitution no longer has any significance, much like a house without a foundation. They both are a weak façade.

    Professor Turley, it is time to admit you have jumped the shark. Not sufficient virtue leads to despotism. Free will is like that, per Saint Augustine of Hippo

    Federalist Paper #55

    The sincere friends of liberty, who give themselves up to the extravagancies of this passion, are not aware of the injury they do their own cause. As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust, so there are other qualities in human nature which justify a certain portion of esteem and confidence. Republican government presupposes the existence of these qualities in a higher degree than any other form. Were the pictures which have been drawn by the political jealousy of some among us faithful likenesses of the human character, the inference would be, that there is not sufficient virtue among men for self-government; and that nothing less than the chains of despotism can restrain them from destroying and devouring one another.

    https://founders.archives.gov/documents/Hamilton/01-04-02-0204

    1. Federalist #55 has nothing to do with this topic, unless you somehow think that adjusting the number of Congressmen in our House of Representatives could assuage DeSantis’s concerns about student groups on Florida campuses. I would love to hear that argument.

      It also has nothing to do with freedom of speech.

      1. Federalist #55 has nothing to do with this topic

        Estovir pretty clearly explained the relevance of the passage. You might try reading it again.

    2. Great points, Estovir. Thank you for the quote from the Federalist as well. Very apropos

  9. Years ago, when waves of refugees poured into Europe, the US, and Canada, from Muslim-majority regions rife with terrorism, I made the argument that people don’t abandon their prejudices just because they set foot on Western soil. I said that antisemitism is integral to the religion and culture of these regions. Antisemitism is public policy and cultural in all Muslim-majority nations that I am aware of. There is no women’s equality in any of these countries.

    I warned that when you import massive amounts of refugees from areas where it is culturally acceptable to kill gays, beat women who leave the house without a chaperone or don’t cover their hair, to be religiously intolerant, to kill anyone who criticizes your religion, and to be violently antisemitic, then they will continue to have those behaviors in the West.

    Years later, Jews are locked inside libraries in NYC to protect them from demonstrators who celebrated Hamas raping, torturing, killing, and kidnapping Jews. There are parts of Europe where it is too unsafe for a Jew to walk. You get a man blocking a Jewish woman on a bike with her toddler, berating her and cussing her out for being Jewish.

    The Jews have faced millennia of oppression, a global diaspora, and were displaced from their religious homeland. Jews are the indigenous people of Judea. The West just imported large blocs of the very people who currently oppress Jews.

    Make no mistake that “Palestine will be free from the river to the sea” refers to ethnic cleansing of Jews. They want all the Jews dead.

    Why in the world can’t the Left ever make the ethical decision? Don’t support a movement that wants to ethnically cleanse Jews. Don’t support a genocidal movement. Don’t support antisemitism. Don’t support a movement that raped as many women as they could find, and bragged about killing Jewish babies. Don’t support castrating minors. Don’t support sexualized drag shows given to minors, which include simulated gay sex and rub kids’ faces in fake boobs…The list goes on extensively. They get it wrong every single time.

    1. There are parts of Europe where it is too unsafe for a Jew to walk

      As if to prove your point, this Saturday, the Jewish Sabbath, Jews in Brooklyn are being warned to stay at home and not go into the streets, due to a “pro-Palestine” demonstration.

      https://nypost.com/2023/10/26/opinion/rather-than-protecting-jews-authorities-are-telling-us-to-hide-again/

      If the KKK were marching through the streets of Brooklyn, would the police tell Blacks to stay home, don’t go outside? Wouldn’t they instead try to protect people from the KKK without telling them they had to give up their freedoms?

      (I predict: Anonymous will respond by saying a few of the peripheral details of my description above are a little off, while missing the big picture. That’s what he always does.)

      1. This is just appalling. Jews afraid to walk the streets in NY.

        Anonymous supports the demonstrators who claimed the Jews were asking for it to be raped, murdered, and kidnapped. It’s a testament of your character if Anonymous disagrees with you.

        1. Maybe that’s why they stay anonymous. The problem is there are some good anonymous’s and some not-so-good ones. With the screen names I know exactly who I should not spend my time on.

      3. Dear Oldman

        Your information and perception is 70% accurate, the other 30% is us Americans.

        I was in Europe last week, I travel a lot for work to Germany and Spain to see my only daughter who is studying there.

        This year I have gone practically every 2 months and in May I was even in Poland (totally normal life) with many from the American army and intelligence, being 3 hours from Ukraine.

        Well, I tell you that I cross to Strasbourg, which is 45 minutes away. from the factory and ohhhh surprise, the Gendamares were armed to the teeth, guarding the historic center.

        Then back on Saturday I stayed in Frankfurt to take the plane and uffffffffff the center at 6 in the afternoon was packed with police cars and vans, there were at least between 5 and 7 on each corner and all the police officers were at attention. I told my husband, if something happens here, just run, at some point we will meet at the hotel!

        I am never afraid of anything, and I had not even realized that there is a call to kill every American that is found, but the amount of custody, I had never seen in my life, the truth is that I felt vulnerable for the first time in 50 years .

        To make matters worse, I spoke to my daughter on Thursday and she told me that they had closed the Atocha station. I wanted to die!

    2. I really like your thoughtful comments!
      and Well Said!!!!!

      As to your question of why Jews embrace all the wrong causes, the answer is simple:

      They are funded by those causes!

      I’m going to send you a few articles but I have to look for them!

  10. If universities became free speech centers, then students would get acclimated to exposure to wildly differing points of view, as well as upsetting statements. Where the line is drawn is with threats and harassment, such as when terrorist-supporting demonstrators banged on library doors and glass to try to get at Jewish students, locked inside for their safety. This happened in NYC, which has the largest population of Jews outside Israel.

    I’m trying to think of the most extreme possible trigger, that would be allowed in a purist free speech environment, and I suppose that would be a Neo Nazi rally. Honestly, Hamas’ rhetoric is indistinguishable from the Nazis, so I consider demonstrations in their favor to essentially be Nazi demonstrations. It’s disgusting, but people are allowed to have their opinion. In my mind, all of the Pro-Palestinian rallies that came out in support after the genocidal antisemitic Islamic terrorist group Hamas raped, tortured, and killed as many Jews as possible, are Nazis and Nazi supporters.

    Universities would have to have a strong security presence to keep students safe, as well as prevent clashes.

    Even stupid people get to express their opinions, so Queers for Palestine can celebrate people who would murder them for being gay.

  11. You omit the real issue:

    When there is an adoption of a call for deadly violence, expressly or implicitly, does that receive 1st Amendment protections??

    1. As long as the call is not for immediate violence against specific and attainable targets, I believe the answer is “yes.” One may agree or disagree, but that’s the Supreme Court precedent, or I am much mistaken.

  12. Two weeks ago, when I infiltrated the pro-Palestinian ecosystem, I asked some questions and learned that the only way to differentiate a pro-Hamas protester and pro-Palestinian protester is based on a secret handshake. To the outside world they look identical.

    I asked, “Why do we need the handshake; at this point, what difference, after all, does it make?” The answer: then we can go onto Professor Turley’s website and say things like: “The protesters were not pro-Hamas, they were pro-Palestine.”

    I asked, “But why do you want to say that on Turley’s website?” They answered: “To fool liberal young people whose minds are full of mush because they attended an American university.”

  13. Professor Turley has his rose-colored glasses on again.

    Exceptions to First Amendment protections include incitement, defamation, fighting words, and threats. I believe, as do most clear thinking Americans and Israeli’s, these associations’ comments, statements and actions clearly fall in all four of these exceptions. They are inciting worldwide violence against the Jewish people and their supporters for propagating a clearly false narrative about the explosion in the Al Ahli Hospital parking lot and for supporting barbaric terrorists. I think it could be argued that certain of their actions are treasonous and should be prosecuted.

  14. So, what you’re saying Jonathan is that we should not censor speech but rather have better speech. How about some Pro Nazi’s on Campus providing better speech. That should be okay. right?

  15. What happened? No Joe Biden dirt? The $200,000 loan repayment turned out to be…a loan repayment? Oh well, I’ll sure you sick trump fascist racist homophobes will dig up something else to occupy your time.

    1. No, there is zero evidence this far that Joe lent his brother a dime. Produce the paid check and the loan agreement, or shut up. The onus is on Joe Biden to prove that a loan was made. And he hasn’t done that. Plus the Presstitute media isn’t requesting that Biden show the purported loan documentation. Those two things signal that there was no loan. Conclusion: the transaction was an illegal kickback.

      1. I knew a crazy would come out Thanks JFeldman “The onus is on Joe Biden to prove that a loan was made”

        On the same note prove that you JFeldman, are not a pedophile. Until you show affidavits from every kid you have come in contact with, the assumption will be you abused them. I thought we had a justice system that said innocent until proven guilty. Obviously you do not think that way.

        1. Bob
          Letting aside the silly “innocent until proven guilty” argument, which has nothing to do with this because he is not on trial..

          Offering proof of what IS, is not the same as offering proof of what IS NOT, Bob.

          In other words, if I asked you for proof that you ARE a pedophile, I’m sure you could do it quite easily.

          Is your intellect that weak?

          Offering proof that it was a loan should be easy. What’s the delay?

        2. Bob, I know you thought you were “clever” when you wrote your mindless comment. But that doesn’t change the fact that it was totally mindless.

          If the IRS were not a political operation, it would have required Biden to produce both a check paid from Joe to his brother and the loan documentation. Otherwise, Joe failed to report $200,000 income from a fake-loan.

          But I’m sure all this fraud analysis is lost on you. You’re just a stupid, projecting perverted Leftist.

  17. “The Jewish Students had to be locked in the Library for their safety”….which connotes there was a threat of violence against them.

    How many arrests of those posing the threat?

    Every State has some sort of criminal law re ” Communicating A Threat”…..how many people were arrested?

    Protest and free speech is fine but when you cross the line and engage in riot and other misconduct that poses a threat to others…..time to take some thugs to jail.

  18. Yea damn it we have to let them speak. However, we do not have to support their speech with state funding. They receive funding to support their existence from the universities. Such funding should be withdrawn immediately. If it was the Klan would they receive funding from the colleges for their events. The Klan hated Jews too. https://www.splcenter.org/fighting-hate/extremist-files/ideology/antisemitism. The Klan wore white hoods and they wear black hoods but the philosophy is the same.

  19. Turley, this is an interesting point of contention.

    Would you allow a KKK group or Hamas group on your university?
    Where one of the tenants of the group is the extermination of another people, race, etc…

    How about Cis-genders against Trans where one of the planks of the group is the call for the elimination of all Transgenders at the university?

    There’s the 1st Amendment and free speech issues… but then there’s the protection laws and hate speech issues.

    Now that’s an extreme.

    But when you have groups that openly support terrorism and call for the extermination of Jews… that goes beyond the 1st Amendment.

    Where do you really draw the line?

    -G

    1. Gumby, nope they get to march and the Klan gets to march but support for the marches both moral and financial should be withdrawn by the Universities and the State government. The State has a right to say how its tax dollars are being used.

      1. @TiT,
        But that’s the point.
        The University said no ‘Klan’ group. That doesn’t mean they couldn’t do this outside of the school, but not as part of the University.

    2. The line is simple for professor Turley. If the speech is consistent with Leftist ideology, which condones the mass murders of Jews, Israelis and Americans, he’s all for it. But if the speech goes against Leftism, he’s pleased when it’s shut down under some made-up pretext.

      1. In fact Professor Turley regularly criticizes the censoring of conservative speech. He’s about as even-handed on the issue as it’s possible to get.

        1. No, he does not. He only occasionally pays a little meaningless lip service so that he can still get gigs on Fox. But he’s all on board the Leftist Totalitarian Train.

    3. Not sure Turley has a Line. In this case, not even incitement to kill innocents, verbalized, seems to be a line the Professor will not draw. I happen to agree with the theoretical concept of words themselves not being violence, but I do think if people want to talk about their desire to eliminate Israel they should “Witness” in the specific place where they will be most welcome; namely, Iran and Gaza, where they’ll get more proverbial (perhaps even literal) bang for their buck (speech).

  20. Maybe another way to look at it:

    If you support Jesus and Christian values – that is not the same as supporting Timothy McVey (American terrorist Oklahoma City bombing) – although this terrorist claims to be of the Christian faith.

    One can support human rights for all people – both Jewish and Palestinian – and still denounce terrorist groups.

    Not all Palestinians support terrorism.

    1. Tell that to your friends in Gaza / West Bank. They will throw you off of a building because of your homosexuality. They couldnt give a frack about your moronic LGBTQIAEIEIO shtick. Do try to interact with reality every once in a while. Who knows you might even find a boyfriend!

    2. One can support human rights for all people – both Jewish and Palestinian – and still denounce terrorist groups.

      True, one can. Is that what is happening, by and large, with all these “pro-Palestinian” demonstrations? No, it’s not.

    3. “Not all Palestinians support terrorism.”

      You have a fantastic ability to elevate the irrelevant to importance.

      The only issue that matters here is that the intellectual and political *leadership” do support terrorism (and Sharia, and dictatorship, and the oppression of their own people).

      Given their totalitarian, genocidal ideology, a new “Palestinian” state means yet another theocracy in the Middle East, and yet another base of operation for Iran’s terrorists.

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