Case 4:22-cv-00324-MW-MAF Document 44 Filed 11/17/22 Page 119 of 139
viewpoints during class discussion. In other words, the quoted rule would have teachers avoid both praise and criticism of a particular idea to steer clear of “indoctrination.”
Defendants further displayed their nonsensical reading of “objective” during the hearing on Plaintiffs’ motions. When asked whether a professor who wished to instruct on one or some of the eight concepts in an “objective” manner would run afoul of the challenged provisions by inviting knowledgeable guest speakers to discuss both the pros and the cons of one of the concepts, defense counsel argued that the “statute is very clear,” and you would have to analyze the two guest speakers “apart from each other, not necessarily in conjunction with each other.” Tr. at 80–81. In so doing, defense counsel suggested that a guest speaker who promoted one of the eight concepts as part of a classroom debate where all sides of the issue were represented would still run afoul of the law. See id. Thus, according to defense counsel, “objective” instruction allows for only one side of the debate in Florida’s public universities—or for no debate at all.
All this is to say that the plain meaning of the “objective” instruction provisions is utterly ambiguous. Assuming, arguendo, that this Court construes “objective” to mean “expressing or dealing with facts or conditions as perceived without distortion by personal feelings, prejudice or interpretation,” Honeyfund, 2022 WL 3486962, at *14 (quoting Objective, Merriam-Webster.com,
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