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 injunction stage, Dr. Dunn’s failure to demonstrate that the tour is required (or even recommended) as part of a course or training at FIU makes his self-censorship injury unreasonable because the IFA likely does not apply to his speech. Accordingly, Dr. Dunn lacks standing to seek a preliminary injunction.

Aside from Dr. Dunn, the Professor Plaintiffs have shown a substantial likelihood of success in establishing standing for purposes of a preliminary injunction touching at least one—and often several—of the eight concepts.

Starting with Professor Pernell, he asserts that he typically assigns a casebook that he authored as part of his course on the Role of Race in Criminal Procedure at FAMU Law. ECF No. 13-1 ¶ 22, in Case No: 4:22cv304-MW/MAF (Pernell Declaration). He will likely teach this class in the 2023 spring semester, id. ¶ 16, and most of the readings for it come from his casebook (which includes excerpts of his scholarship), id. ¶ 22. Professor Pernell’s casebook explains how racism became embedded in the criminal legal system and that it remains embedded there. Id.

Professor Pernell realizes the risk to him personally if he were to violate the IFA, id. ¶ 28, and that the IFA arguably requires him to stop using his casebook in class, id. ¶ 22. This is because the notion that the criminal legal system is not colorblind—and, in turn, that some people are disadvantaged due to their race—arguably promotes or compels belief in the IFA’s third and fourth concepts. See §§§ [sic] 1000.05(4)(a)3.–4., Fla. Stat. (2022); Regulation 10.005(1)(a)3.–4.