Page:Novoa v. Diaz.pdf/86

 Before diving in, this Court will first say what it is not doing. Contrary to Plaintiffs’ request, this Court is not conducting any sort of forum analysis or applying strict scrutiny to the challenged provisions. Furthermore, contrary to Defendants’ suggestion, this Court is not applying Garcetti to hold that the professors’ speech at issue is outside the scope of First Amendment protection. Instead, as explained at length supra, this Court must apply the Eleventh Circuit’s test from Bishop to both the professors’ and Mr. Rechek’s First Amendment claims.

For better or worse, Bishop guides this Court’s analysis. Which begs the question—what is the standard this Court must apply from Bishop? First, contrary to Defendants’ arguments, Bishop does not support their contention that the First Amendment does not protect professors’ classroom speech. Second, Bishop did not create a bright-line rule requiring that any conflict between a professor’s speech and the State to always yield in the State’s favor. That dog just won’t hunt. As this