Photo Credit: Courtesy of: Zimmytws/ Shutterstock
A recent ruling by Chief U.S. District Judge Mark Walker mandates the University of Florida to cover legal fees exceeding $372,000 for attorneys representing professors in a contentious lawsuit revolving around their right to act as expert witnesses, a violation found under the First Amendment.
Judge Walker’s decision, detailed in a 35-page ruling, dismissed the university’s plea against covering the fees. The awarded sum of $372,219 to attorneys from two firms was influenced by a preliminary injunction issued by Walker in January 2022, affirming the university’s infringement on the professors’ First Amendment rights. Despite the university’s appeal, the case concluded this year following the implementation of a revised policy addressing the contested issues.
In his ruling, Walker emphasized the long-term relief granted to the professors through the preliminary injunction and subsequent rule changes, underlining the case’s broader impact on public service. He noted the elimination of hurdles faced by the faculty in engaging in protected speech related to their expertise.
The university’s opposition to fee payment argued that the professors’ legal victory was minimal due to independent policy changes by the university, unrelated to the lawsuit. However, Walker’s order countered these claims, asserting that the case addressed the unconstitutional constraints imposed on faculty and staff seeking to testify as expert witnesses beyond their regular roles.
The lawsuit, initiated by tenured political-science professors Sharon Austin, Michael McDonald, and Daniel Smith in 2021, contested the university’s denial of their requests to testify in a state elections law case. The high-profile case prompted the university to reverse its decision, permitting the professors to testify under specified conditions.
Representation for the plaintiffs in the lawsuit was provided by attorneys from Debevoise & Plimpton LLP and Donnelly + Gross LLP.”
