Judge sides with students, says FIU likely violated First Amendment rights

The latest: On Sunday — one day before the start of the school year — U.S. Southern District of Florida Judge Jacqueline Becerra temporarily blocked the university's policy that bans "protests, parades, marches, picketing, demonstrations and other similar expressive activities" inside university buildings.

• She determined the university could not take any additional disciplinary action against the students and indicated the students "are likely to succeed" in their suit should it continue.

What they're saying: Student speech "cannot be restrained unless it 'materially disrupts' or 'involves substantial disorder or invasion of the rights of others,'" Becerra wrote in her ruling. 

The other side: FIU "values freedom of expression and supports an environment that fosters civil discourse and the respectful exchange of ideas," a representative said in an email.

• "We will comply with the court's order while considering our legal options."

Catch me up: In April, university officials alleged seven students violated conduct policies by silently standing up while wearing "ICE Out" shirts during an event involving university president Jeanette Nuñez.

• Despite acknowledging the students' actions didn't disrupt the event, officials sent each a letter alleging they violated campus policy.

• The students, part of the student-led ICEbreakers, were found "responsible" for their actions in June, and in July, their university appeals were denied.
• On Aug. 11, the students sued FIU administrators with the support of the ACLU and other civil rights groups.

What's next: On the ICEbreakers' social media page, the students said the fight is "far from over," but the ruling temporarily protects students in their efforts to "get ICE off FIU."

• It's unclear if the university will continue to defend the policy following Becerra's ruling.

Editor's note: This story has been updated to add a statement from FIU.