A federal judge has ruled that Florida International University (FIU) likely violated the free speech rights of students who were punished for silently protesting indoors. The decision, reported on Sunday, August 26, 2026, by Axios, grants a preliminary injunction preventing FIU from enforcing its expressive activity rule against the students.

The case originated from a March incident when a group of students wore shirts reading "ICE OFF FIU" and stood silently for a few minutes during a campus event featuring former MLB player Alex Rodriguez, as reported by WLRN. The students were protesting the university's voluntary collaboration with immigration enforcement on campus.

Following the protest, FIU charged seven students with misconduct, issuing written reprimands to six. On June 18, civil liberties organizations, including the Foundation for Individual Rights and Expression (FIRE), sent a letter urging FIU to drop the charges and revise its expressive activities policy.

When the university did not act, the students sued FIU and its administration on August 11, 2026. Their lawsuit challenges FIU's Regulation 110(3), which bans "protests, parades, marches, picketing, demonstrations, and other similar expressive activities" inside university buildings, arguing it blatantly violates their First Amendment rights and should be declared unconstitutional.

According to Inside Higher Ed, FIU officials have maintained that the policy complies with the First Amendment and Florida laws. It remains unclear whether FIU will appeal the federal judge's ruling.

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