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DeSantis-backed ban on pro- Palestinian group runs into First Amendment

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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.

A Ron DeSantis-backed “deactivation” of a pro-Palestinian group on Florida college campuses appears to run into a problem: the First Amendment. Politico reported Tuesday: The report cites a memo from the chancellor stating that, after the Hamas terror attacks in Israel on Oct. 7, the National Students for Justice in Palestine released a “toolkit” that referred to the attacks as “the resistance.

But the ban seems to run afoul of constitutional protections by which government actors like the DeSantis administration are bound, no matter how odious the speech in question. Looking more closely at that state law, it defines “material support or resources” as: It’s unclear from the memo, which doesn't provide the above statutory language, that the group has reached that level of material support.

 

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