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Florida University Makes Anti-ICE Protesters Record Video Apologies — Florida Stays Undefeated

Seven students at Florida International University showed up to a campus event hosted by FIU President Jeanette Nuñez wearing shirts that read "ICE OFF FIU." They staged a silent, indoor protest. Half an hour into the event, they made their stand.

Now they've been ordered to record videos demonstrating their understanding of the school policies they violated.

That's the punishment. Not expulsion. Not suspension. Record a video acknowledging what you did wrong — like a fifth grader caught drawing on the bathroom wall. The university found all seven students in violation of a policy banning "expressive activities" indoors and charged them under a conduct code provision for "failure to comply with the request or directive of a University Official."

FIU Associate Vice President Maydel Santana laid out the university's position in terms that would make any free-speech-absolutist campus administrator break out in hives. "A public university campus is not a single, undifferentiated public forum," Santana wrote. "Rather, different areas of campus carry different forum classifications and may be subject to varying levels of regulation."

Translation: you can protest outside. You don't get to hijack an indoor event.

Santana added that "FIU may regulate the time, place, and manner of expressive activity through content-neutral rules that are narrowly tailored to serve significant institutional interests while preserving ample opportunities for expression." In other words, the rules apply to everybody regardless of which slogan is on your shirt.

The legal cavalry showed up on cue. Adam Saper, an attorney with The Community Justice Project representing the students, called the charges "unjustifiable under the US and Florida Constitutions" and argued the students "are both factually innocent of the charges, and that the prosecution violates the students' First Amendment rights." Saper added that "the school appears intent on silencing dissent" and that students "were nonetheless found in violation."

Graham Piro, a Faculty Legal Defense Fund Fellow at the Foundation for Individual Rights and Expression — FIRE — weighed in too. "FIRE is concerned by Florida International University's decision to charge seven students for a demonstration about the university's cooperation with U.S. Immigration and Customs Enforcement," Piro said. He added that "in a moment of heightened political tension, students must be free to speak out about the major issues of the day without facing undue punishment."

The First Amendment argument sounds serious until you remember what actually happened. Nobody was arrested. Nobody was expelled. Nobody was told they couldn't protest. They were told they couldn't interrupt someone else's event, effectively shutting down their event — and when they did it anyway, they got the academic equivalent of writing "I will follow the rules" on the chalkboard fifty times.

Kaitlyn Daley, one of the disciplined students, said she plans to appeal. "It feels like they're continuing to try to silence us by making this video, and I don't wanna do that," Daley said. "I don't wanna give them the power. I don't wanna make them feel like they're right. I don't wanna give them the last say."

For years, university administrators watched students occupy buildings, shout down speakers, and blockade campus roads — and responded with listening sessions and healing circles. The entire higher-ed playbook was built around one principle: if the protest is left-wing, treat it like speech. If it's right-wing, treat it like a threat. What FIU did was apply the same indoor-event policy that exists at virtually every university in America. The difference is they actually enforced it.

The video requirement is what makes this stick. A written apology gets filed and forgotten. A recorded statement forces you to sit with a camera and say, out loud, what the rule was and that you broke it. It's not punishment designed to crush dissent. It's punishment designed to make you acknowledge reality — which, for a certain kind of campus activist, is far worse.

FIU cited FERPA — the Family Educational Rights and Privacy Act — as the reason it couldn't comment further on individual cases. The students plan to appeal.


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