Judge’s initial ruling in Riley Gaines lawsuit slaps UNM with legal blow
The University of New Mexico (UNM) recently faced a legal setback when a federal judge issued a preliminary injunction, blocking the school from charging conservative students a “hefty” security fee for a campus event. The injunction stems from a lawsuit filed by the Southern Legal Foundation (SLF), which argued that the university’s fee policy violated the students’ First Amendment rights by imposing costs based on the content and perceived reactions to the event.
“This is a major win in the battle to protect the First Amendment rights of college students, regardless of the viewpoint they express,” SLF Executive Director Kimberly Hermann said in response to the ruling. SLF initially took legal action against UNM officials in February, alleging that the university engaged in “viewpoint and content discrimination” by determining security fees for the event featuring women’s sports advocate and former NCAA swimmer Riley Gaines.
UNM attempted to charge the student group, Turning Point USA (TPUSA), over $5,000 for hosting Gaines, known for her opposition to transgender athletes competing in women’s sports. Hermann argued that the fee was based on the “officials’ subjective assessment of the crowd’s potential reaction”, rather than objective criteria.
According to Hermann, while the preliminary injunction prevents the university from collecting the fee during ongoing litigation, the case is not yet resolved. The ruling is seen as a first step toward making the injunction permanent, which would mean that UNM could no longer charge fees inconsistently for similar events.
UNM responded by stating that it is committed to upholding free speech on campus and intends to comply with the court’s order. The university clarified that the ruling only applies to speech-related events, and it remains focused on ensuring the safety of students and staff.
Gaines, who has experienced backlash at other speaking events, expressed that excessive security fees and bureaucratic hurdles are commonly used to silence conservative voices on campuses. “Sadly, we see this all the time,” Gaines noted, underscoring the broader challenges faced by right-leaning student organizations.
With the ruling, TPUSA remains the only active conservative student group on UNM’s campus, as others have been “run off” due to administrative obstacles, according to Hermann.
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