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 Professor Pernell does not explicitly state that he plans to either self-censor or promote the third and fourth concepts despite risk of discipline from FAMU Law. However, Professor Pernell’s showing permits the reasonable inference that the IFA’s speech restrictions leave him with three choices. He can (1) self-censor; (2) promote the third and fourth concepts despite risk of discipline from FAMU Law; or (3) self-censor in part and promote some concepts despite risk of discipline. As this Court previously explained, each alternative evidences an intent to engage in an act “arguably affected with a constitutional interest” under Driehaus and Wollschlaeger.

Before setting out its ultimate finding on Professor Pernell’s injury, this Court pauses to discuss whether Professor Pernell—and the other Professor Plaintiffs—face “a credible threat of prosecution.” See Wollschlaeger, 848 F.3d at 1304. The interaction between the Professor Plaintiffs’ planned speech and Regulation 10.005 makes clear that each state university will likely prosecute any violation of the IFA. Regulation 10.005(2)(a) mandates that “[e]ach university shall have a university regulation that prohibits discrimination … by subjecting any student or employee to training or instruction that espouses, promotes, advances, inculcates, or compels such student or employee to believe any of the concepts as defined in paragraph (1)(a).” Regulation 10.005(4)(d) requires each university to establish a process to investigate reported violations of section 10.005(2)(a) and take “prompt action” to