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Sunday, April 28, 2024

Judge stops UCF policy that bans 'harassing or hate' messages

Federal Court
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ORLANDO – The University of Central Florida is temporarily prohibited from enforcing a new policy that is way too woke for a free speech advocate.

Orlando federal judge Gregory Presnell ordered on July 29 that UCF can’t use its Use of Information Technologies and Resources Policy, granting a temporary restraining order requested by Speech First.

That policy prevents harassing or hate messages by students and employees.

“UCF’s Computer Policy is plainly vague and overbroad,” Presnell wrote. “It simply prohibits ‘harassing or hate messages’ without defining the terms.

“A student reading the policy would have no way of knowing whether his or her conduct was proscribed, and the policy creates a strong risk that it could sweep in conduct that is protect under the First Amendment.”

Speech First also challenged an anti-harassment rule and the operations of the Just Knights response team, which is tasked with investigating claims of harassment. But Presnell said those arguments failed.

Speech First’s lawsuit filed earlier this year states that the college's policy, formally called the Prohibition of Discrimination, Harassment and Related Interpersonal Violence, ignores decades of precedence to "restrain, deter, suppress and punish speech about the political and social issues of the day."

The policy intends to protect its student and faculty populations from harassment and discrimination due to age, gender identity, race, disability or political affiliation.

The university has the Just Knights response team to pursue a student who has engaged in statements that violate the policy in any way, whether it is legal or illegal, intentional or unintentional and on-campus or off-campus, Speech First complains.

The plaintiff states concern that the policy will stifle and stall discourse and conversation that is paramount to higher education.

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