Page:Novoa v. Diaz.pdf/11

 on The Yale Law Journal were not given out like so many pats on the back to encourage mediocre students. These were achievements as real as those of anyone around me.

, 191 (Alfred A. Knopf ed., 2013). Indeed, in praising the affirmative action policy that opened a “special door” for her, Justice Sotomayor has expressed a viewpoint that the State of Florida deems repugnant and has prohibited. Under the IFA, her words would be per se discrimination if she were to utter them as a guest speaker in a law school classroom.

Given the disorienting nature of Defendants’ arguments, it is necessary to address the bedrock First Amendment principles that govern this case before addressing the merits of Plaintiffs’ motions, including whether Plaintiffs have demonstrated standing for purposes of entitlement to a preliminary injunction. This case squarely presents the tension in Florida between university professors’ and students’ First Amendment rights and the State of Florida’s claim that it has an unfettered right to prohibit professors from expressing viewpoints with which it