Florida Bars State Professors From Testifying in Voting Rights Case

[reACTIONary]

Source: New York Times (No Paywall)

Three University of Florida professors have been barred from assisting plaintiffs in a lawsuit to overturn the state’s new law restricting voting rights, lawyers said in a federal court filing on Friday. The ban is an extraordinary limit on speech that raises questions of academic freedom and First Amendment rights.

University officials told the three that because the school was a state institution, participating in a lawsuit against the state “is adverse to U.F.’s interests” and could not be permitted. In their filing, the lawyers sought to question Gov. Ron DeSantis, a Republican, on whether he was involved in the decision.

Mr. DeSantis has resisted questioning, arguing that all of his communications about the law are protected from disclosure because discussions about legislation are privileged. In their filing on Friday, lawyers for the plaintiffs said the federal questions in the case — including whether the law discriminates against minority groups — override any state protections.

Read more: https://www.nytimes.com/2021/10/29/us/florida-professors-voting-rights-lawsuit.html?unlocked_article_code=AAAAAAAAAAAAAAAACEIPuonUktbfqohlSFUZCibIRp8pqhqchPTGhaQmgXHzNzOSUy0H0eMJAo6Pvl3Maqp_fJ431iuAWd5ddr8zQfg4hsluA3tQcSj66J2VhMZCZCwvtYO4Wm5xgcLHAe5loGGvNjfnJqIinOTl-kLdOzL1CPbbgnQhLV4z9cNlZkjqjSJTvtrNG-9_2NN73PczVNstFXpbOn7877S_AA5-Od6Fchne9gM0PulZUjrQltWYgKkSJEQQURmVCSMivhtvrY9UK9gVP67gLxY_eMCYgb4ZCWRgL4nBFITIytJpyrkAcBFsh7_YoQMR&smid=url-share

[Joinfortmill]

1. oh, boy. Time to quit, I think.

[TimeToGo]

24. No, it,s time to sue

[iluvtennis]

37. ++++ agree. n/t

[Evolve Dammit]

2. Death Sentence really is a fascist ain't he?

[lark]

6. You got that 100% right.

He is a total nazi trumpist, following in the footsteps of his hero in profiteering.

[Evolve Dammit]

7. and it's right under our nose. Some attempt(s) to conceal, but not concerned about optics at all. nt

[lark]

10. When you make the rules to eliminate any democratic wins, you don't give one shit about votes.

that's where the repug paty is trying to get, where they have enough legal control to invalidate their states actual votes and ensure a repug majority so they can destroy all rights for the workers/poor and the rich everything. That is their long time dream and they are so close to making it happen, it's scary. Mancin and Sienema working with them is sickening.

[Evolve Dammit]

14. Agreed.

[pandr32]

31. Absolutely!

[paleotn]

22. Yes. Damn near every GQP type is.

[Evolve Dammit]

23. Not disagreeng. Cheney and Kinzinger the only two willing to at least look into the truth??

[paleotn]

26. Yes. That's why I qualified my statement with "Damn near every"

There's a tiny number of hangers on who still possess some sense of morality and courage. But the vast majority of decent, moral people left the GQP some time ago.

[Evolve Dammit]

29. agreed

[no_hypocrisy]

3. While this is a set-back,

Plaintiffs can try to introduce into evidence the legal history and treatises, etc. upon which the legal experts would have relied. Legal academics can be challenged, but not as conflict of interest.

[Irish_Dem]

4. What about bringing in out of state experts?

[lark]

5. Well, this is very disturbing!

I am disappointed beyond belief that the head of UF would do take this cowardly stance. How a once great institution has faltered! I am so sad. Wonder what Death Sentence used to threaten or bribe him into this stance or is he just another rw extremist like DS?

[Evolve Dammit]

8. Are State university profs employees of the state and therefore subject to this crap?

[lark]

11. Not sure, but think they are.

[Rebl2]

13. U of Florida

likely gets state funding, so guess that makes them state employees?

[2naSalit]

19. Most likely...

But I would hope they would defy the order and sue if they are punished.

[Evolve Dammit]

21. indeed

[ancianita]

35. They shouldn't be. This is the kind of restriction that's hardly legal with private universities.

But since these are public, state run universities, they are subject to the same laws and legal protections as every other state employee.

They need to block this.

[obamanut2012]

42. Yes, of course they are

They are FL state employees. DeSantis is their boss.

Unlike university and state college staff, Faculty are part of a union, with union protections. They can buck this, with legal representation.

[yardwork]

9. Dictatorship. Watch out. Florida is a test run for the rest of the country.

[Bernardo de La Paz]

12. The Cons attacking experts, as always, so Cons can restrict voting rights ignorantly, per usual. nt

[olegramps]

15. The fascists are winning by default. The future will be titled "While Americas Slept."

[Best_man23]

16. These professors need to make a statement

By resigning and then testifying. I'm certain academic institutions outside Floriduh would be happy to bring them aboard.

Wonder if we're going to start seeing a "brain drain" out of these deep red states or states with wannabe tRumps like Governors Death Sentence and Abbott.

[reACTIONary]

17. They are challenging it in court. Nt

[OldBaldy1701E]

18. That was my thought as well.

We will see if they also think about this. I understand if they prefer to remain employed as opposed to stoping a petty dictator from controlling his state with an iron fist. Who is to say the case would even be winnable, considering where it is being held. I also feel the 'brain drain' is already happening, we just do not know the scope of it yet.

[csziggy]

32. They might do more good if they resign as the attorneys and are subpoenaed

But sure, DeSantis is willing to spend more of the people's money by litigating against voter's rights and free speech.

[Joe Nation]

20. Aha ha ha ha ha ha Total nonsense

Academic freedom is the chief reason behind tenure. Professors cannot, repeat, cannot be silenced by the state. Good luck Florida. You will lose this fight. I guarantee it.

[spooky3]

27. There's also that pesky First Amendment - the state can't

Interfere with their exercising free speech, with exceptions that don’t apply here.

Any DU lawyers want to weigh in on whether this could be a case of obstruction of justice, too?

[LetMyPeopleVote]

25. Foundation for Individual Rights in Education statement on the University of Florida decision

Link to tweet

FIRE statement on University of Florida decision to prevent professors from testifying in voting rights lawsuit
by FIRE

October 30, 2021
FIRE is deeply concerned by a report in The New York Times that the University of Florida has barred three professors from participating as witnesses in a voting rights lawsuit against the state of Florida.

FIRE has said it before, and we’ll say it again: The profound civic importance of fair trials requires the ability of fact and expert witnesses to come forward to testify truthfully without fear that their government employer might retaliate against them. Public university faculty are no exception. We call on UF to reverse course immediately.

UF should be aware that Plymouth State University’s ill-considered decision to punish faculty who had testified in a trial ultimately cost the state of New Hampshire’s taxpayers $350,000. FIRE warned Plymouth State then, and we’re warning UF now: If you pick a fight with the First Amendment, you will lose.

[LiberalFighter]

33. Republicans tend to be stupid.

[BlueIdaho]

28. What happened to tenure protections for intellectual speech?

See you in court asshole.

[cadoman]

30. the University "barred" them under false pretense--call their bluff & 18 U.S. Code § 242!

The "barring" only has weight because they're employed by the University. A private company may be able to get away with that but not a state university.

Call their bluff, testify, let the University act, then sue the shit out of them.

[ancianita]

36. The Bill Barr proclamation, or defense, in writing:

“outside activities that may pose a conflict of interest to the executive branch of the state of Florida create a conflict for the University of Florida.”

They probably have tenure so they can be as "loyal" as their quid pro quo hearts wanna be.

[malthaussen]

38. Appalling, and the university officials are spineless. n/t

[soldierant]

39. I want to express my gratitude to the person

who I assume paid the Times in order to provide us a link with no paywall. I had no idea that was even a piossibility, and I appreciate it deeply.

[reACTIONary]

40. You are welcome! I subscribe to both...

WaPo and NYT. I mainly post their articles and consider both to be world-class. Not in some sort of clichéd or hyperbolic sense. Litterly, actually, world class. But I would get complaints about the paywall.

Then I discovered that BOTH papers provide "gift" links so that subscribers can share stories. I assumed it was only good for one view, but I tested it, and it is a true public link, no paywall, to the article.

So since then I've been posting from WaPo and NYT with gift links. No extra cost for me.

[soldierant]

41. That is wonderful. I did have the sense, because you said "no paywall," to realize the entire link

was needed (generally I shorten them) and where a paywall message would normally pop up, it was a message that I was seeing it thanks to a friend. (Obviously it didn't say who).

I am so glad it only costs you the courtesy.

[mahatmakanejeeves]

43. Ohhhhhh, is that how that works. Thanks. NT