Vague Florida State University speech policies violate First Amendment
ADF letter urges campus leadership to change restrictive codes that allow administrators to censor ‘offensive’ speech
TALLAHASSEE, Fla. – Alliance Defending Freedom sent a letter to Florida State University Wednesday asking it to revise a vague policy that bans students from “treating individuals unequally because of their sex,” or using “offensive language.” The letter also explains that another university policy, which relegates student speech to small areas of campus, likely violates a recently enacted state law, known as the Florida Excellence in Higher Education Act of 2018 (SB 4), that eliminated such speech zones.“A public university should be a free marketplace of ideas where students can peacefully speak their minds and converse with their classmates without self-censoring their speech,” said ADF Legal Counsel Caleb Dalton. “FSU’s policies currently fail to protect that freedom by silencing speech deemed by others to be ‘offensive,’ including, for example, expressions of support for traditional views of marriage and human sexuality. In addition, FSU’s mandate that students treat each other ‘equally,’ without qualification, while a nice idea, is so vague and broad it could ban a broad range of protected expression and personal decisions.”
If a student violates one of these Student Conduct Code provisions, sanctions may include everything from reprimand to expulsion, and/or withholding of diploma, transcript, or other records. The ADF letter warns FSU administrators that they need to revise or eliminate the policies before the start of the Fall 2018 semester in order to avoid liability for further violations of the First Amendment and state law.
“Today’s college students are tomorrow’s leaders, and they deserve to be able to practice their constitutionally protected freedoms on their university’s campus,” said ADF Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom. “That’s why we’re eager to help Florida State University revise its policies so that they respect its students and the First Amendment.”
Mark Welton, one of more than 3,200 attorneys allied with ADF, is serving as local counsel for this matter.
- Pronunciation guide: Langhofer (LANG’-hoff-ur)
Legal Documents
Related Resources
Website: ADF Center for Academic Freedom
ABOUT Caleb Dalton
Caleb Dalton serves as senior counsel with Alliance Defending Freedom's Center for Life, where he brings over a decade of civil rights litigation and public advocacy experience to the team, securing the rights of the unborn and those who advocate for them. Since joining ADF, Dalton has served on multiple teams representing private individuals and government entities to affirm the fundamental freedoms of speech and religious liberty. With ADF's Center for Conscience Initiatives, he played a key role in the successful petition for certiorari in Masterpiece Cakeshop v. Colorado Civil Rights Commission at the U.S. Supreme Court. With the Center for Academic Freedom, he successfully represented students and faculty seeking to speak freely on public university campuses across the country. Dalton earned a J.D. at the Regent University School of Law, graduating cum laude. He is a member of the bar in Arizona, Virginia, and the District of Columbia; he is also admitted to practice before multiple federal district and appellate courts, including the U.S. Supreme Court.
ABOUT Tyson Langhofer
Tyson Langhofer serves as senior counsel with Alliance Defending Freedom and director of its Center for Academic Freedom. Before joining ADF, Langhofer was a partner with Stinson Leonard Street LLP, where he worked as a commercial litigation attorney for 15 years and earned Martindale-Hubbell’s AV Preeminent® rating. Langhofer earned his Juris Doctor from Regent University School of Law, where he graduated cum laude in 1999. He obtained a B.A. in international business with a minor in economics from Wichita State University in 1996. A member of the bar in Virginia, Kansas, and Arizona, Langhofer is also admitted to practice in numerous federal district courts.