Page:Novoa v. Diaz.pdf/65

 but like Professor Pernell, his decision to either self-censor, speak with risk of being disciplined, or a combination of the two evidences an intent engage in an act “arguably affected with a constitutional interest” under Driehaus and Wollschlaeger.

Professor Almond’s declaration establishes that he (1) intends to engage in an act “arguably affected with a constitutional interest” under Driehaus and Wollschlaeger; (2) his proposed speech is arguably proscribed as promotion of or compulsion to believe the third and fourth concepts under the IFA and Regulation 10.005; and (3) Regulation 10.005’s framework creates a credible threat of enforcement from FSU and the members of the Board of Governors. ECF No. 13-6 ¶¶ 15–17, 20, in Case No: 4:22cv304-MW/MAF (Almond Declaration). Accordingly, Professor Almond has demonstrated an injury for purposes of standing as to the third and fourth concepts.

At USF, Professor Novoa will teach Science in Cultural Context in the spring 2023 semester. ECF No. 1 ¶ 152, in Case No.: 4:22cv324-MW/MAF (Novoa’s Sworn Allegations in Verified Complaint). In this course, Professor Novoa assigns a book she co-authored, From Man to Ape: Darwinism in Argentina, 1870–1920, in which they argue that the “strict vertical hierarchy in the flow of scientific knowledge” between Europe and Latin America” [sic] relegates “Latin American