Politics
State can enforce DEI general education course ban while litigation plays out
The state of Florida may enforce a law eliminating general education courses that teach “identity politics” at Florida’s institutions of higher education pending resolution of a lawsuit filed by professors, a federal judge has ruled.
In January, the American Civil Liberties Union of Florida filed suit on the professors’ behalf alleging that SB 266, a 2023 law limiting general education course classifications and funding for diversity, equity, and inclusion initiatives, harmed the professors’ academic ambitions. General education courses are required for students to graduate.
Days after a preliminary injunction hearing in Tallahassee in front of U.S. District Chief Judge Mark Walker, he ruled Wednesday that the professors had not established they would suffer any harm.
“This ruling is disappointing, but also offers a clearer path forward to prove this law is unconstitutional,” said Bacardi Jackson, executive director of the ACLU of Florida in a news release. “The law is a blatant effort to control the content of higher education, muzzle Florida’s scholars, and erase perspectives the state finds politically inconvenient. We remain committed to fighting alongside faculty, students, and the broader academic community until this undemocratic law is struck down.”
Among the plaintiffs is University of Florida political science professor Sharon Austin, who complains she was denied funding to present at a 2024 conference hosted by Diversity Abroad, which the school had paid for her to present at in 2023. The school specifically cited SB 266 in refusing to pay for her to appear subsequently, the suit alleges.
“As for Plaintiff Austin, her declaration demonstrates that she has already suffered a denial of state funding to attend conferences in 2024. However, to obtain prospective relief, she must demonstrate an unambiguous intention to seek funding to attend conferences at a reasonably foreseeable time in the future. That she has not done,” Walker wrote.
Professors who have had their courses removed from general education requirements, or fear it may happen, say their injury is chilled speech and potential repercussions in post-tenure review.
“To the extent these Plaintiffs claim their classroom speech associated with courses for which they have no stated plans to teach at a reasonably foreseeable time in the future will be chilled, such a hypothetical future chill is both too remote and speculative to amount to a cognizable injury in fact,” Walker wrote.
ACLU will continue
The plaintiffs allege viewpoint discrimination under the First Amendment; that the law is over-broad; and that it violates Florida’s Campus Free Expression Act.
State University System Chancellor Ray Rodrigues said in January that the law has helped address a Gallup poll that found “political agendas” as Americans’ Number One reason they have lost confidence in higher education.
Education Commissioner Manny Diaz Jr. said the law helps students who can be “overwhelmed by the number of courses that are out there,” and that students can take whatever classes they wish, “but the easier we can make it for them when it comes to general education and making sure that they’re getting what they need there I think is very important.”
Walker did not rule on merits of the underlying case and the ACLU said it will continue its challenge.
“Plaintiffs’ evidence does not demonstrate that any Plaintiff faces an imminent injury — namely, chilled speech — that is traceable to any Defendant’s enforcement of the general education requirements,” Walker wrote.
“For what it’s worth, Plaintiffs’ existential concerns about the survival of their academic departments and the future viability of their areas of expertise in the state of Florida are certainly understandable. However, these concerns, as described at length in Plaintiffs’ declarations, do not give rise to a concrete, imminent, and non-speculative injury in fact sufficient to permit Plaintiffs to seek a preliminary injunction against Defendants’ enforcement of the general education requirements.”
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Jay Waagmeester reporting. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected]
If this language becomes law, issues could be polled. Races could not.
New language proposed for a Senate higher education bill could impact public polls in Florida.
Sen. Alexis Calatayud proposed an amendment to her bill (SB 1726) that is designed to severely restrict the topics on which university polling operations can conduct surveys.
“The Board of Governors shall adopt regulations prohibiting universities that conduct public opinion survey research from polling activities related to candidates for any federal, state, or local office,” the amendment reads.
While the Calatayud proposal says they may “conduct survey research to measure opinions and inform the public about social, political, and economic issues unrelated to candidate preference,” the proposal could dramatically impact operations from the University of North Florida’s Public Opinion Research Lab (UNF PORL) and Florida Atlantic University (FAU).
“It’s got my attention,” said UNF PORL’s Michael Binder of the “out of the blue” proposal that “wasn’t on people’s radar” but is poised to be attached to a bill “midway through the Session.”
Binder believes the timing of the amendment is no accident.
“If they stick it on that bill, that bill’s going to pass.”
Binder said “candidate stuff” is what drives response to polls “from media and consumers of media” and that “candidates matter.”
“Look at Donald Trump. He’s not just a basket of policies,” Binder said.
Another university pollster had less to say.
“We don’t comment on proposed legislation as it would be too speculative to do so before the process is complete,” said FAU’s Joshua Glanzer.
Polls from UNF and FAU drew a lot of national attention in recent cycles, paralleling Florida’s increased prominence in the political world. Surveys without candidates included likely wouldn’t have that kind of juice.
We reached out to Calatayud before publication, but have yet to get a response.
Boca Raton City Councilwoman Yvette Drucker says she is bringing in big bucks in her bid to replace Democratic Sen. Lori Berman.
Drucker sent out a news release highlighting her fundraising numbers as she seeks the Senate District 26 seat. That release said she brought in just over $23,000 to her campaign account between Jan. 1 and March 31, and another $86,000 through her political committee, Drucker for Florida.
“I’m excited and energized by the outpouring of support from our community,” Drucker said in a statement. “These contributions reflect our shared vision for a Florida that supports seniors and families, strengthens education, protects our precious environment, and stands up to the out-of-touch extremism coming out of Tallahassee. I’m ready to bring thoughtful leadership to the State Senate.”
Drucker, a Democrat, announced her bid to succeed Berman last year. Upon filing, she raised nearly $47,000 in outside money through her two accounts and chipped in a $25,000 loan on top of it.
Since the middle of last year, she hadn’t actively fundraised much until the first quarter of 2025.
Berman, who can’t run again due to term limits, has endorsed Drucker as her preferred successor and praised her fundraising prowess.
“Yvette Drucker has been working tirelessly on her campaign, gaining strong support from both community leaders and voters across the district. It’s no surprise that her fundraising efforts are equally impressive.”
Drucker may need the cash. Former Democratic Rep. David Silvers has also filed paperwork with the state to run in SD 26, setting up a Democratic Primary. And former Republican Rep. Rick Roth has also filed, meaning the Democratic nominee will face an established lawmaker with likely access to serious money in the General Election.
Berman won re-election in 2022 by just over 9 points, giving the GOP hope that they can flip the seat if they keep up their statewide electoral dominance seen in the last two cycles.
Ducker won a seat on the Boca Raton City Council in March 2021. She then earned re-election with 77% support.
Drucker also serves on the Palm Beach County Transportation Planning Agency Executive Board, the Florida and Palm Beach League of Cities, the National League of Cities, the Women in Municipal Government (WIMG) Committee, and the Hispanic Elected Local Officials (HELO). She has also previously served on the City of Boca Raton Education Task Force.
She has also served in several other community roles, including as Statewide Public Affairs (SPAC) Chair for a coalition of 23 member Florida Junior Leagues, President of the Boca Raton Historical Society and Executive Board Member of the Junior League of Boca Raton.
SD 26 covers portions of southern Palm Beach County, including Boca Raton and Delray Beach in the east and stretching westward to South Bay and Belle Glade.
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