Honor Society Champions Free Speech. Phi Theta Kappa's Overreach Rebuffed

Published on Tue 15 Apr 2025 6:40:30 UTC

A Nonprofit's Attempt to Silence Critics Fails Under First Amendment Court Scrutiny

LAS VEGAS, April 14, 2025 /PRNewswire/ -- Honor Society ("HonorSociety.org") secured a decisive legal victory over Phi Theta Kappa ("PTK"), a Mississippi-based nonprofit, defending free-speech rights against PTK's attempts to suppress truthful criticism. In a unanimous ruling-a major win for free speech-the United States Court of Appeals for the Fifth Circuit vacated an expansive injunction that PTK-a nonprofit claiming to serve students-previously demanded to curb Honor Society's ability to speak openly about PTK's operations, leadership, and ongoing litigation. The Fifth Circuit deemed PTK's attempt to muzzle legitimate criticism an "overbroad prior restraint" on speech and condemned the organization's mandatory "disclaimer" requirement as "impermissible compelled speech." As a result, the federal appeals court threw out PTK's injunction entirely.

"Phi Theta Kappa's aggressive approach to censor open dialogue is disconcerting," said Mike Moradian, Executive Director of Honor Society. "No student-focused organization should stifle free speech. Nonprofits must champion transparency and collaboration-not suppress honest criticism."

Court Labels PTK Injunction "Overbroad Prior Restraint"

PTK's now-invalid injunction placed shockingly broad restrictions on how Honor Society could discuss the organization and its lawsuit. According to the appellate court, these measures went well beyond any acceptable scope, effectively functioning as a blanket prohibition rather than a narrowly tailored remedy. Requiring Honor Society to attach PTK's "disclaimer" to every reference of PTK or the lawsuit was likewise rejected as unconstitutional compelled speech.

PTK's Injunction Incompatible with Free Speech Principles, Court Finds

Phi Theta Kappa promotes itself as dedicated to academic excellence, yet it took sweeping steps to muzzle truthful discussion about itself. The Fifth Circuit firmly deemed the injunction incompatible with free-speech principles. "By pouring considerable resources into silencing critics-particularly egregious for a nonprofit intended to serve the public good-PTK's actions prompt serious concerns about its true priorities," Moradian said.

A Win for Students and Free Expression

With PTK's sweeping first amendment restriction now annulled, the case returns to the district court for any remaining proceedings. This outcome reaffirms Honor Society's right to speak truthfully, underscoring that attempts to curb open dialogue-rather than confronting legitimate scrutiny-will not stand.

"Our victory here is bigger than us," Moradian said. "When an institution silences outsiders instead of confronting its own problems, it betrays the very students it promises to serve. This ruling rallies free speech advocates seeking public accountability."

With the injunction lifted, Honor Society remains steadfast in defending the First Amendment and fostering transparent discourse-values essential to higher education and civic engagement. The organization calls on PTK to reconsider any further strategies aimed at stifling conversation, advocating instead for genuine collaboration and a renewed focus on student empowerment.

About Honor Society

Honor Society is dedicated to community, leadership, and service among students and professionals. Through exclusive benefits, career development tools, and networking opportunities, the organization aims to uplift members. Honor Society upholds the spirit of open dialogue, and intellectual freedom-cornerstone values of a robust academic community.

Media Contact

Mike Moradian

(424) 226-2411

[emailprotected]

Legal Disclaimer: The statements above reflect Honor Society's understanding of publicly available information related to Case No. 24-60452 in the United States Court of Appeals for the Fifth Circuit. PTK's claims and Honor Society's counterclaims remain subject to further proceedings in the district court. Interested parties should consult official court filings for additional details.

SOURCE Honor Society