WHAT HAPPENED TO TENURE
Court docs: University of Florida attempting to block professors from testifying in voting rights lawsuit


Broward County voters drive up to drop off their mail-in ballots for the 2020 Presidential election at the Broward County Supervisor of Elections office in Lauderhill, Fla. A lawsuit challenging a new Florida voting law passed since then has raised concerns about academic freedom. File photo by Gary I Rothstein/UPI | License Photo


Oct. 30 (UPI) -- The University of Florida instructed three political science professors to not assist civil rights groups challenging the state's restrictive new voting law, court filings show.

According to court documents filed in federal Friday, university officials advised professor Dan Smith against serving as an expert witness in the case, saying that "outside activities that may pose a conflict of interest to the executive branch of the State of Florida create a conflict for the University of Florida.

Michael McDonald and Sharon Austin, two other election experts in the university's political science department, were given similar warnings, according to the filing.

The revelation has sparked concerns over academic freedom and First Amendment rights.

The Foundation for Individuals Rights in Education issued a statement calling on the University of Florida to "reverse course immediately."

"The profound civic importance of fair trials requires the ability of fact and expert witnesses to come forward to testify truthfully without fear that their government employer might retaliate against them," the foundation said. "Public university faculty are no exception."

The foundation pointed out that it brought a lawsuit against New Hampshire's Plymouth State University in 2018 for punishing faculty who testified in a trial. The university lost the lawsuit and cost the state $350,000.

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Paul Donnelly, a lawyer for the professors, told the Miami Herald that the university's decision had a chilling effect that "strikes at the very heart of academic freedom." He said he hopes that the federal judge in the case would address the concern and the university would allow the professors to testify. If not, he said a lawsuit could be coming.

Steve Orlando, the University of Florida's vice president for communications, issued a statement to the paper that the school was committed to academic freedom and denied infringing on the professors' free speech rights.

"It is important to note that the university did not deny the First Amendment rights or academic freedom of professors Dan Smith, Michael McDonald and Sharon Austin," Orlando said. "Rather, the university denied requests of these full-time employees to undertake outside paid work that is adverse to the university's interests as a state of Florida institution."
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Over the spring, Florida Gov. Ron DeSantis signed legislation adding new requirements for voters to receive a mail ballot and limiting the ballot drop boxes.

A coalition of civil rights groups challenged the new law in federal court, arguing that it was an attempt to suppress votes of Black and Latino voters.