UNM loses ‘freedom of speech’ lawsuit against conservative student organization

The University of New Mexico can no longer enforce its security fee policy for on-campus speech events after the judge made a decision in a First Amendment lawsuit filed by the student chapter of conservative group Turning Point USA.

The University is not prohibited from enforcing security fees for non-speech events, like sports, according to the lawsuit.

In the initial complaint, the Turning Point USA UNM chapter and the Leadership Institute alleged that UNM’s security fee and free speech policies were unconstitutional, in part citing the First Amendment. The complaint resulted from the security fees UNM imposed last year for conservative speaker Riley Gaines’ event on campus, according to the lawsuit.

Prior to the Gaines event, UNM Police Department Lieutenant Timothy Stump told TP-UNM it was required to pay over $10,000 in security fees, according to the lawsuit. This money would cover the presence of 33 police officers.

Lawyers of the Southeastern Legal Foundation — the firm representing the Leadership Institute and TP-UNM — argued that the imposed security fees were an act of “viewpoint discrimination” because the University chose not to implement security fees for other on-campus events, according to the lawsuit.

Stump told TP-UNM that an on-campus event such as the screening of the “Barbie” movie would likely not require police presence, according to the lawsuit.

In February, the SLF filed the lawsuit against members of the University administration, including Stump and President Garnett Stokes. It filed a request for the court to issue a preliminary injunction, which is an order that preserves the status quo before the court makes a final judgment on the issue, according to Cornell Law School.

On Sept. 26, U.S. District Judge David Herrera Urias granted the request for preliminary injunction. The court ruled that UNM was prohibited from enforcing its security policy for speech events and collecting payment for security fees for the Gaines event.

“This is a major win in the battle to protect the First Amendment rights of college students, regardless of the viewpoint they express,” Kimberly Hermann, executive director of the SLF, wrote in a press release. “Governments at every level — including state universities — must equally protect the right to free speech and expression.”

In a statement to the Daily Lobo, Chief Marketing and Communications Officer Cinnamon Blair wrote that the University is dedicated to upholding the First Amendment, and it intends to comply with the court’s order.

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

TP-UNM plans to hold future events on campus, according to the lawsuit. TP-UNM co-President Jonathan Gonzales did not respond to two requests for comment about future events.

The Albuquerque Party for Socialism and Liberation and its student chapter, Students for Socialism, wrote in a collective statement to the Daily Lobo that TP-USA’s representatives and politics would not be welcomed in Albuquerque at any venue.

“Albuquerque is a diverse city with a large international population, and ideas spread by Turning Point USA are dangerous to these already-vulnerable populations,” the statement reads.

Lily Alexander is the editor-in-chief of the Daily Lobo. She can be reached at editorinchief@dailylobo.com or on X @llilyalexander

Nate Bernard is the news editor for the Daily Lobo. He can be reached at news@dailylobo.com or on X @natebernard14

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