Tampa Bay Students for a Democratic Society, et al. v. Law, et al.

After the University of South Florida expelled Students for a Democratic Society (SDS), it barred the organization’s members — including students never found responsible for misconduct — from continuing to associate and advocate together on campus. USF told SDS members they could not “assemble as individuals,” barred unaffiliated students and non-students from participating in a campus demonstration because of their association with SDS members, and later rejected a proposed new student organization because it had “similar members and purpose” to SDS.

The students sued USF officials, challenging Policy 6-017.VI.C.2, which prohibits members of suspended or expelled student organizations from attempting to continue functioning under a new name with “similar members and purpose.” After the district court ruled against the students, they appealed to the U.S. Court of Appeals for the Eleventh Circuit.

On September 22, 2026, FIRE filed an amicus brief with the Eleventh Circuit supporting the students and urging reversal.

FIRE explained that the First Amendment does not permit public universities to impose guilt by association. The government must make individualized determinations of responsibility rather than restrict a student’s speech and association because of the conduct, identity, or objectives of others. USF’s policy does the opposite: It allows the university to restrict otherwise protected expression simply because students share members and purposes with a sanctioned organization.

FIRE warned that allowing USF’s policy to stand would threaten associational rights far beyond this case. Universities nationwide have imposed similar forms of collective punishment, restricting innocent students and organizations because of misconduct attributed to others. We urged the court to make clear that universities may punish students for their own misconduct, but cannot deprive them of their expressive and associational rights simply because of whom they associate with.