1A – Florida Atlantic University

FAU Discriminates Against Turning Point USA Students

About the Case

On college campuses across America, universities are abusing COVID-19 policies and denying students their First Amendment and due process rights. At Florida Atlantic University (FAU), students are required to maintain six feet of separation, wear masks, and avoid large gatherinds. This means that student clubs can’t even table on campus to increase membership – unless you are protesting social justice. In that case, FAU not only looks the other way, but actualy commends student protests over “racial inequality” where students are unmasked, gathering in large numbers, and violating the six-foot rule. Southeastern Legal Foundation (SLF) has sent a letter to FAU, advising it to revise its discriminatory COVID-19 policies.

Members of the Turning Point USA (TPUSA) chapter at FAU set up a table on Diversity Way on September 1, 2020. This was after the student group observed other organizations—including the FAU Student Government—tabling the day before. The TPUSA members wore facemasks the entire time except to drink water, used hand sanitizer and gloves, and kept their distance from each other and from students who approached the table.

While they were tabling, several students walked past the TPUSA members and shouted obscenities at them. One student took a photo of them. Later in the afternoon, the members received an email notifying them that they were reported for a COVID violation and asking them to meet with the Assistant Director of Student Activities. During the meeting, the students were told they failed to follow social distancing and mask guidelines, and that they were not allowed to table because they did not receive approval. However, they were also told that the University is currently not approving facilities use applications

Since then, other student groups have gathered without maintaining social distancing. Although the members of TPUSA were recently informed that the meeting with administrators will not appear as a disciplinary infraction on their records, they are still uncertain about how FAU will enforce its policies. As SLF mentioned in its prior letter, university policies must apply neutrally to everyone, and students must know what conduct is punishable and what that punishment will be.

Case Status

Pre-Litigation

Court

N/A

Why This Matters

Covid-19 policies like FAU’s, are vehicles for infringing on student’s First Amendment rights. As we’ve seen these past few years, “cancel culture” is a pandemic itself that plagues social media. One need only say something that could be perceived in a remotely offensive way, and he is shouted down, unfollowed on social media, threatened, and even fired from work or expelled from school.

Attorney Cece O’Leary says,

“Students are confused by the University’s stance. Can they only engage in speech about social justice? They need clarity from their administrators, and more importantly, they need to know their administrators will treat all speech equally.” In the letter, SLF advised the University that it can only pass narrow, reasonable regulations that apply equally to all students.”

In its letter, SLF also notified the University that its disciplinary procedures are unclear.

“The University threatens student organizations with a loss of funding and reservation power,” O’Leary states. “But the University fails to tell student organizations how it will investigate reports of COVID violations and how students can appeal any wrongful reports. This opens the door to due process issues.”

Why This Matters

Covid-19 policies like FAU’s, are vehicles for infringing on student’s First Amendment rights. As we’ve seen these past few years, “cancel culture” is a pandemic itself that plagues social media. One need only say something that could be perceived in a remotely offensive way, and he is shouted down, unfollowed on social media, threatened, and even fired from work or expelled from school.

Attorney Cece O’Leary says,

“Students are confused by the University’s stance. Can they only engage in speech about social justice? They need clarity from their administrators, and more importantly, they need to know their administrators will treat all speech equally.” In the letter, SLF advised the University that it can only pass narrow, reasonable regulations that apply equally to all students.”

In its letter, SLF also notified the University that its disciplinary procedures are unclear.

“The University threatens student organizations with a loss of funding and reservation power,” O’Leary states. “But the University fails to tell student organizations how it will investigate reports of COVID violations and how students can appeal any wrongful reports. This opens the door to due process issues.”

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