JACKSOVNILLE, Fla. — Some Florida leaders are urging law enforcement and colleges to use new state laws aimed at combatting antisemitism to combat alleged anti-Israeli sentiments expressed during pro-Palestinian protests.
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Free speech advocates warn that enforcement of those laws could run into First Amendment challenges.
At the time of this story, UNF has not held a major organized pro-Palestinian protest, but a rally was held near the campus this past weekend.
State Representative Randy Fine (R-Palm Bay) told Action News Jax he counted at least five similar demonstrations on Florida university campuses since the Hamas attack on Israel.
“People using a picture of a paraglider as their freedom symbol. It’s insanity,” said Fine.
In a letter sent to the Governor, Fine called for recently enacted state laws, including a 2019 law that treats antisemitism the same as racism on college and university campuses, to be leveraged to expel students engaged in protests he argues “cross the line”.
“I am done writing bills. It is time to start using them.” I have sent the following letter to @GovRonDeSantis imploring him to leverage the laws we have passed to stop the barbaric and illegal protests in support of Jewish genocide at Florida’s state universities. pic.twitter.com/eLDk5IKm8U
— Rep. Randy Fine (@VoteRandyFine) October 13, 2023
“What would happen to a kid who ran through Florida State screaming let’s hang Black kids from a tree? They would be expelled hopefully within under a minute, as they should,” said Fine.
Fine’s letter was received positively by Governor Ron DeSantis, whose office issued a statement saying in part “These laws must be enforced by universities”.
A memo sent to Florida law enforcement from Florida Attorney General Ashley Moody also emphasized the state’s laws against antisemitism.
“The State of Florida will not tolerate violence against citizens of Israel, members of the Jewish community, or any other person in the State based on their religious or ethnic heritage. Any law enforcement officer considering charging a suspect under the statutes discussed above should consult his/her legal advisor,” wrote Moody.
Additionally, a letter to college and university leadership from Florida’s Education Commissioner Manny Diaz and Chancellor of the State University System Ray Rodriges also urged enforcement of the protections - reiterating antisemitic conduct under Florida law includes specific references to anti-Israel rhetoric.
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“This guidance is important to reaffirm given the anti-Semitic, pro-Hamas student groups preparing to hold events on campuses. Educational institutions must fully protect Jewish students from any anti-Semitic discrimination and physical attacks and make it clear anyone who violates the law will be punished to the fullest extent of the law,” wrote Diaz and Rodrigues.
Bobby Block with the Florida First Amendment Foundation said while he understands the strong emotions surrounding the current moment, he cautioned enforcement of those state laws could easily infringe on free speech rights.
“A lot of what Representative Fine and others right now are calling for comes from an obvious place of grief, anger frustration and pain,” said Block. “If the state tries to enforce these laws they will be sued and they will lose because they are out of compliance with the law of the land, plain and simple.”
Fine, however, cautioned against such a challenge, arguing the protections for Jewish students are designed the same as protections for Black, Hispanic, and LGBTQ+ students.
“If they’re right, and the bill does restrict free speech, all the speech restrictions they love so much, they’re all gonna get tossed out too. So, they should tread carefully,” said Fine.
Action News Jax reached out to UNF and the university group Students for Justice in Palestine for comment on this story.
We have yet to hear back.
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