Update on this post about roiling student-speech controversies at FIU:
• Two students were suspended for two years over racist comments in an off-campus group chat. One student–who made racist comments–was found to have made “verbal or written abuse, threats, intimidation and/or coercion that objectively endangers the health, safety or well-being of others.” The other–who set-up the group chat, was found to have aided or facilitated the other student’s violation of the code of conduct. They are appealing their suspensions within the university process, as well as the district court decision abstaining under Younger.
• Seven students were found to have violated the student code of conduct prohibition on indoor protest activity; each received a written reprimand and was required to record a video about the policies they were found to have violated. Independent of whether sanctioning the students violates the First Amendment, the sanction might present an independent violation.
The district court’s abstention decision in the hate-speech case understood that the students can raise First Amendment issues within FIU proceedings, that FIU proceedings are subject to review in state court, and that court review allows them to raise First Amendment issues. The question to watch is how meaningful these state proceedings prove to be in resolving core constitutional issues.