Academic freedom or state control: Court hearing will consider blocking key higher ed law in FL

A federal judge will hear arguments on Monday in a lawsuit filed by professors and students at New College of Florida against a new state law that attempts to squelch progressive subject matter, including “critical race theory” or gender studies, plus diversity efforts in public universities.

At issue before U.S. District Judge Mark Walker in Tallahassee will be a motion to block implementation of the law pending a ruling on the group’s constitutional challenge to it in whole or part.

Represented by an organization dubbed NCF Freedom Inc., the group alleges in a complaint filed in August that SB 266, passed earlier this year, imposes viewpoint-based discrimination against protected speech in violation of the First Amendment and is unconstitutionally vague under the Due Process Clause of the Fourth Amendment, in that it fails to sufficiently specify what behavior will draw punishment.

The complaint names as defendants Manny Diaz Jr., state commissioner of education and a member of the university system’s Board of Governors, and other top state education officials including Richard Corcoran, newly installed as president of New College with pay package worth at least $1.3 million per year.