Florida International University student speech litigation

Florida International University (FIU) is embroiled in a legal dispute following a March protest by a student group known as ICEBreakers. The students wore shirts reading ‘ICE OFF FIU’ to protest a university contract that permits campus police to assist with federal immigration enforcement.

In response to the silent demonstration, FIU officials charged the students with misconduct, citing a policy that prohibits ‘expressive activities’ inside university buildings. The university issued written reprimands and required the students to submit reflective videos regarding campus regulations, warning that failure to comply could result in being barred from class registration or receiving diplomas.

The American Civil Liberties Union (ACLU) filed a federal lawsuit on behalf of the students, arguing that the ban on indoor expressive activities violates the First Amendment and creates a ‘protest-free zone.’

A federal judge has since issued a preliminary injunction against FIU, temporarily preventing the institution from enforcing its indoor expressive-activity policy against the student protesters. While the injunction halts disciplinary enforcement against six of the students, it is not a final ruling on the constitutionality of the university’s policies.