Fordham Bans Students for Justice in Palestine

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Palestine Legal, together with the Center for Constitutional Rights and co-counsel Alan Levine, filed a lawsuit in New York challenging Fordham University’s denial of club status to Students for Justice in Palestine (SJP).

Fordham student Ahmad Awad. (CREDIT: Martin Nunez-Bonilla)

Fordham student Ahmad Awad. (CREDIT: Martin Nunez-Bonilla)

Hoping to organize events on Palestinian history and raise awareness on the issue of Palestinian rights at their university, a group of Fordham students applied in November 2015 to start a Students for Justice in Palestine (SJP) club on campus. 

After a drawn out review process that took over a year, Fordham administrators took the unprecedented step of vetoing the student government’s decision to recognize the club. The university claimed that the group would create "polarization" on campus and "run contrary to the mission and values" embraced at Fordham.

Between 2017 and 2021, Fordham students Ahmad Awad, Sofia Dadap, Sapphira Lurie, Julie Norris and Veer Shetty sued their university over its ban on SJP. The students were represented by Palestine Legal, the Center for Constitutional Rights, and cooperating counsel Alan Levine.

MEMBERS OF FORDHAM SJP TABLING AT A FALL ACTIVITY FAIR following a court ruling in their favor in 2019 (CREDIT: FORDHAM SJP)

MEMBERS OF FORDHAM SJP TABLING AT A FALL ACTIVITY FAIR following a court ruling in their favor in 2019 (CREDIT: FORDHAM SJP)

The case was brought as a special proceeding under Article 78 of the New York Civil Practice Law and Rules. Students sought a judgment compelling Fordham to officially recognize SJP and provide it the same rights enjoyed by all other clubs at Fordham. Without club status, the students could hold events, obtain funding, flyer or invite guest speakers.

The lawsuit argued that Fordham, a private university, violated Article 78 by failing to follow its own rules and policies that bar it from restricting students’ expressive activities based on the positions being advocated. New York courts have ruled that even private universities may not arbitrarily and capriciously violate their own rules.

In August 2019, the Court annulled Fordham’s decision to deny SJP club status, finding it arbitrary and capricious, as nothing in Fordham’s rules permitted it to “reject an application of a student club because it criticized the policies of only one nation.”

After the court ordered Fordham to recognize the club, Fordham SJP operated on campus without incident for two semesters, while Fordham appealed the ruling in January 2020.

In December 2020, the appellate division reversed the decision, allowing Fordham to ban SJP once again.

In May 2021, the New York Court of Appeals declined to hear the students' appeal of this decision, ending their five-year struggle for recognition on campus.

Timeline

Nov. 19, 2015: Fordham students submit application to form an SJP club as per Fordham's rules.

Nov. 17, 2016: Fordham’s student government votes to approve SJP as a club at Fordham.

Dec. 22, 2016: Fordham dean overrules the student government’s decision and denies club status to SJP in an unprecedented decision.

Jan. 17, 2017: Palestine Legal and CCR send letter to Fordham expressing concern over SJP denial.

Apr. 26, 2017: Students sue Fordham, seeking an order compelling approval of club status for SJP.

June 5, 2017: Fordham files motion to dismiss case.

July 7, 2017: Students file brief opposing Fordham's motion to dismiss.

July 17, 2017: Fordham files its reply brief.

Nov. 2, 2017: Students file order to show cause why preliminary injunction should not be issued and expedited discovery granted against Fordham.

Dec. 15, 2017: Fordham files its brief opposing Students’ preliminary injunction and request for expedited discovery.

Dec. 22, 2017: Students file reply brief.

Jan. 3, 2018: Court hears oral arguments on Students’ preliminary injunction and Fordham’s motion to dismiss.

Feb. 8, 2019: Students file motion to add a new petitioner to the case.

Mar. 4, 2019: Fordham files a motion opposing adding a new petitioner to the case.

Mar. 11, 2019: Students file reply brief.

May 8, 2019: Court hears oral arguments on adding new petitioner to the case.

Aug. 5, 2019: Court allows new petitioner and annuls Dean Eldredge's decision, mandating that Fordham recognize SJP as an official club.

Jan. 27, 2020: Fordham appeals court ruling.

Jul. 24, 2020: Students file reply brief.

Nov. 24, 2020: Appellate court hears oral arguments on Fordham’s appeal.

Dec. 22, 2020: Appellate court reverses the August 2019 decision of lower court.

Jan. 21, 2021: Students appeal reversal to New York State Court of Appeals.

Feb. 1, 2021: Fordham files its opposition to the motion to appeal.

May 4, 2021: The New York Court of Appeals deny the students' motion to appeal, ending the four-year old legal case.

Select Media Coverage

Letters Supporting the Formation of SJP

  • Catholic clergy and professors letter

  • Fordham faculty letter

  • Friends of Sabeel North America letter

  • The Foundation for Individual Rights in Education (FIRE) and the National Coalition Against Censorship (NCAC) letter and second letter

  • Jewish Voice for Peace letter

  • Middle East Studies Association letter

  • US Campaign for Palestinian Rights statement

  • US Campaign for the Academic and Cultural Boycott of Israel open letter

Legal Documents

View a full list of legal documents at the Center for Constitutional Rights’ case page.

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Angela Campion