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October 3, 2024

UNM Dealt Legal Blow for Fee Against Conservative Speaker

The University of New Mexico was just dealt a significant blow in a preliminary win for free speech.

The school charged an outlandish security fee for a student group to host a conservative speaker, much more than it was charging other groups.

A complaint was filed by the Southern Legal Foundation (SLF), and a preliminary injunction has been issued.

Far From Over

I am always sure to brace readers that this is far from the end of this fight, but it’s a good start.

If the court did not think there was a case here, the injunction would not have been issued against the school.

SLF Executive Director Kimberly Hermann responded to the injunction, stating, "This is a major win in the battle to protect the First Amendment rights of college students, regardless of the viewpoint they express.”

UNM wanted to charge the student group $5,000 in security fees to host Riley Gaines, a former collegiate swimmer who has been very outspoken on transgenders in women’s sports.

The fees was “based on the officials’ subjective assessment of the crowd’s potential reaction,” according to the filing.

Gaines responded to the excessive fee, stating, "Sadly, we see this all the time.”

She added, "Conservative student voices are silenced on campus through excessive fees blamed on security, like in this case, or other red tape that makes it harder for conservative students to use their voice on campus.”

UNM responded to the court order, stating, "UNM intends to comply with the court’s order, which was limited to speech events.

“While UNM is currently prohibited from charging fees for the security it provides for speech events, UNM remains committed to ensuring the safety of our campus and the safety of our students, faculty, staff and visitors.”

Again, this is a win, but it is far from over.

The case could easily go the other way, but it is a good sign that the injunction has been ordered.

We will continue to monitor the case to see how this all plays out.

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