• A federal judge dismissed a challenge to a 2021 Florida law requiring surveys on “intellectual freedom and viewpoint diversity” on state college and university campuses, ruling that plaintiffs failed to establish legal standing to challenge the law.
• While the judge agreed with the plaintiffs that the surveys’ design was flawed and could impact the statistical value of the results, he nevertheless concluded that the plaintiffs failed to show they were actually harmed by the surveys.
• The law allows students to record class lectures to be used as evidence in complaint proceedings, permits lawsuits based on violations of expressive rights, and prohibits schools from shielding students and faculty from ideas they may find uncomfortable.

A federal judge dismissed a challenge to a 2021 Florida law that requires surveys on “intellectual freedom and viewpoint diversity” on state college and university campuses. Chief U.S. District Judge Mark Walker, appointed by President Barack Obama in 2012, ruled Monday that plaintiffs, including the United Faculty of Florida union and individual professors, did not establish legal standing to challenge the law. The plaintiffs claimed the law violated First Amendment rights, arguing it would chill speech.

But while Walker agreed with the plaintiffs that the surveys’ design was flawed and could impact the statistical value of the results, he nevertheless concluded that the plaintiffs failed to meet legal tests to show they were actually harmed by the surveys. Walker dismissed the case “without prejudice,” leaving the door open for the case to be revamped and filed again.

Walker has a history of clashes with the DeSantis administration and the GOP-controlled state legislature. While he ruled in favor of the state Monday, he appeared to bristle at recently approved state education policies, writing in the ruling that the DeSantis Administration “appears to have decided that it is good policy to deputize students and faculty to monitor their peers and inform the government of the speech and perceived political leanings of their classmates and colleagues.”

The jibe was aimed at a provision of the law that allows students to record class lectures to be used as evidence in complaint proceedings. The law, part of a broader debate about the content taught in educational institutions, prohibits schools from shielding students and faculty from ideas they may find uncomfortable. It permits lawsuits based on violations of expressive rights and allows students to record class lectures in certain circumstances.

The dismissal comes after last year’s Intellectual Freedom and Viewpoint Diversity Survey revealed that a large number of Florida college students and faculty feel intimidated to share their ideas or political opinions, fearing they differ from that of their professors. The survey found that many students do not see regular examples of free and welcomed expression in class, and also feel uncomfortable discussing controversial subjects. The survey also indicated that a majority of students who responded to the survey believe instructors and professors express predominantly liberal views.