Seven Florida International University students facing disciplinary action over a silent on-campus protest had their first day in court on Thursday after filing a lawsuit against the school last week.
The students said they are optimistic that federal court Judge Jacqueline Becerra, who was appointed to the bench by President Joe Biden, will make a preliminary ruling in their favor in the coming days.
The students argue that FIU’s policy of having an outright ban on so-called “expressive activities” indoors is a violation of the First Amendment.
In March, the seven students participated in a silent protest against the school’s voluntary collaboration with federal immigration enforcement on campus. Students stood for a few minutes unveiling shirts that read “ICE OFF FIU,” and then left the room.
The silent protest took place during a “fireside chat” with FIU President Jeanette Nuñez and former Major League Baseball star Alex Rodriguez.
Three months later, the school moved forward with disciplinary action for the protest, claiming it violated the ban on “expressive activities” indoors.
The move drew swift condemnation from free speech organizations, arguing the policy violates protected free speech activity.
Nicolas Warren, an attorney with the American Civil Liberties Union of Florida, which is representing the students, spoke outside the federal courthouse in downtown Miami. He said Judge Becerra seemed persuaded by the students’ free speech arguments.
“We saw the judge ask insightful questions and understand our arguments, and we're feeling very optimistic that before school starts on Monday, the new semester, that the court will block FIU from enforcing this policy,” said Warren.
READ MORE: ACLU files lawsuit against FIU for disciplining students over silent anti-ICE protest on campus
In a court briefing before the hearing, FIU argued that the ban on indoor expressive activities does not violate the First Amendment.
“FIU recognizes that free expression is a valuable part of its mission. It therefore permits the full range of lawful expressive activities in outdoor areas, including organized demonstrations. But FIU’s Regulation 110 treats indoor demonstrations differently. The regulation imposes a narrow restriction on a subset of expressive conduct, prohibiting indoor protests, demonstrations, picketing, marches, parades, and similar activities,” FIU's attorney Mohammed Jazil wrote in the brief.
Andrew Caro, a senior majoring in musical education, said he is proud to defend his rights and to push for FIU to cancel its signed voluntary agreement with federal immigration enforcement.
“ We are here to continue this everlasting fight to protect our rights to freely express ourselves, to continue the fight to stand up for our marginalized communities, and to continue the fight to end any and all oppression imposed upon our people by our government,” said Caro outside the courthouse. “That is why we engaged in our demonstration on March 13th, and that is why we will continue to fight this decision made by our university to punish us for standing up for what is right.”
