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Tampa Bay Students for a Democratic Society v. University of South Florida

April 2024
University of South Florida (Public college or university)
Tampa, FL

Identity of Speakers

  • Tampa Bay Students for a Democratic Society
    Student
    Other

    University of South Florida chapter of a nationwide, multi‑issue, progressive, and action‑oriented student organization that advocates for social justice, opposes U.S. wars and discrimination, and engages in protests and direct actions on university campuses to push for progressive demands and confront administration policies; Plaintiff

  • Victoria Hinckley
    Student
    Other

    Graduate student at the University of South Florida and the president of the Tampa Bay chapter of Students for a Democratic Society; Plaintiff

  • Saba Indawala
    Student
    Other

    Undergraduate student at the University of South Florida and member of the Tampa Bay SDS chapter; Plaintiff

  • Vicky Tong
    Student
    Other

    Undergraduate student at the University of South Florida and member of the Tampa Bay SDS chapter; Plaintiff

Additional Information

  • Incident Nature:
    Rally or protest
    Recognized student group event
    Lawsuit
  • Incident Political Orientation:
    Not Clear
  • Incident Responses:
    University investigation issuing in sanctions
    Student sanctioned
    Rally or Protests
    University administration invoked formal speech code in response
    Litigation
    State Campus Free Speech Act
    Title IX or other federal statute
  • Incident Status:
    In litigation Federal District Court
  • Was Speech Code incident

Summary

During the spring final-exam period of 2024, the Tampa Bay chapter of Students for a Democratic Society (SDS) organized a pro-Palestine encampment and protest at the University of South Florida. Demonstrators pitched tents, distributed umbrellas and safety vests, and brought wooden boards onto campus. After repeated warnings to disperse, USF police and other law enforcement officers arrested participants and deployed tear gas. SDS President Victoria Hinckley was placed on interim suspension that evening and, following an administrative hearing, was expelled from the university in June, while disciplinary actions against SDS continued.

Later that summer, USF permanently expelled SDS as a recognized student organization, prohibiting it from hosting meetings, events, or participating in official university functions. The university cited repeated violations of the Student Code of Conduct and other campus policies. In response, SDS and several individual students filed a federal lawsuit against USF, the Board of Trustees, the university president, and other administrators. The plaintiffs alleged that the university’s policies and disciplinary actions violated their free speech and constitutional rights under the Florida Free Expression on Campus Act and challenged restrictions on protests, campus space use, and events as unconstitutional.

SDS members also filed a Title VI civil rights complaint with the U.S. Department of Education’s Office for Civil Rights, asserting that USF’s conduct created a hostile environment and constituted discrimination and retaliation against Palestinian, Arab, Muslim, and affiliated students. They requested remedies including reinstatement of SDS as a registered student organization.

The United States District Court for the Middle District of Florida later denied the plaintiffs’ request for preliminary relief, ruling that the university’s policies were content-neutral time, place, and manner restrictions that served significant interests while allowing alternative channels for communication. Despite the ongoing litigation, SDS members continued to protest the university’s actions.

In early 2026, SDS supporters held a demonstration outside USF’s Palm Drive, calling for the reversal of the campus ban and Hinckley’s reinstatement. Participants held signs supporting free speech, chanted that protesting was not a crime, and criticized the university for selectively enforcing policies. Demonstrators also noted that another SDS member on a student visa had been suspended after the 2024 encampment and remained unable to return to campus from Colombia, highlighting the continuing impact of the university’s disciplinary actions on organization members.