In a recent legal battle, the University of New Mexico (UNM) suffered a setback when a federal court judge issued a preliminary injunction over the “hefty” security fee it imposed on an event held by conservative students. This decision is being celebrated as a significant victory for free speech advocates.
“This is a major win in the battle to protect the First Amendment rights of college students, regardless of the viewpoint they express,” Southern Legal Foundation (SLF) Executive Director Kimberly Hermann announced on Friday in a press release.
A Fight for Free Speech on Campus
The Southern Legal Foundation filed a complaint against UNM back in February, accusing university officials of “viewpoint and content discrimination.” According to SLF, conservative groups were unfairly targeted with security fees based on the university’s subjective judgment about how the crowd might react to a talk by Riley Gaines, a women’s sports advocate and former NCAA swimmer.
UNM attempted to charge the student group over $5,000 to host Gaines, who is known for her outspoken criticism of transgender athletes competing in women’s sports. In the past, her presence on college campuses has sparked both support and protest.
“But it will mean that TPUSA can now have Riley come speak, and they can’t assess them any higher security fees than they would assess for any other event,” Hermann added.
Preliminary Injunction Protects Conservative Students
Hermann clarified that although the case isn’t yet resolved, the preliminary injunction ensures that UNM cannot collect the fee from Turning Point USA (TPUSA) while the case is pending. This order also shields TPUSA from penalties related to the unpaid fee during the ongoing litigation.
Hermann highlighted the issue, stating that UNM’s policies surrounding speaker events are so vague they allow the university to impose arbitrary fees on any event. Through their lawsuit, SLF aims to put an end to this practice.
Broader Implications for Campus Free Speech
With SLF’s recent legal win, Hermann noted that if the judge ultimately rules in their favor, it could have far-reaching consequences for how UNM—and potentially other universities—handle security fees for campus events.
“Now, TPUSA is the only conservative student organization left at UNM. They basically run every other conservative or libertarian student organization out of campus,” she said.
Riley Gaines, whose advocacy work frequently draws controversy, expressed frustration over the obstacles conservative students face on college campuses.
“Sadly, we see this all the time,” Gaines said in a press release.
“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.”
University Responds to Court Order
Despite the court ruling, UNM officials affirmed their commitment to free speech in a statement, saying they intend to comply with the court’s order. The university emphasized its dedication to maintaining safety across campus while adhering to First Amendment rights.
“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,” the university stated.
As this case unfolds, it could set a precedent for how universities nationwide approach fees associated with free speech events on campus. The outcome will likely be closely watched by both free speech advocates and educational institutions across the country.
