Federal Court Grants University of Maryland Students for Justice in Palestine’s Preliminary Junction

Judge holds that that the University must allow students’ interfaith vigil to proceed on October 7

CONTACT:  CAIR National Deputy Litigation Director Gadeir Abbas 720-251-0425, gabbas@cair.com; CAIR Maryland Director Zainab Chaudry, zchaudry@cair.com | Palestine Legal Media, media@palestinelegal.org 

College Park, MD, October 1, 2024– Today, the United States District Court for the District of Maryland granted the University of Maryland Students for Justice in Palestine’s (UMD SJP) request for a preliminary injunction to allow the group to host an interfaith vigil on October 7, 2024.

On September 17, CAIR and Palestine Legal sued the University of Maryland for revoking permission it gave UMD SJP to hold the event and subsequently banning all non-university hosted expressive activities on October 7th. The University of Maryland’s censorship came after it was heavily lobbied by pro-Israel groups and individuals to bar UMD SJP’s vigil, in violation of the First and 14th Amendments of the U.S. Constitution.  

The University responded to the lawsuit by claiming that it was forced to cancel all events due to racist threats from pro-Israel individuals, who had threatened to organize a KKK rally and come to campus armed if SJP’s vigil was allowed to proceed. At the hearing, University of Maryland Police Chief David Mitchell noted that pro-Israel individuals even threatened UMD President Darryl Pines’ family and used the N-word.

In the ruling, the court found that the university could not bow to threats from pro-Israel individuals by shutting down UMD SJP’s event on October 7, noting that if the university was allowed to do so, SJP “will lose the opportunity to express its grievances and commemorate the loss of life on what it believes is a sacrosanct day.” In reference to the threats by pro-Israel individuals, the court decision noted "...this is a matter of law, not of wounded feelings." 

“By challenging the silencing of UMD SJP on October 7th through our lawsuit, we have successfully defended the right to speak out against Israel’s ongoing genocide in Gaza and to challenge the University’s complicity in the genocide,” said Daniela Colombi, who testified at the hearing on Monday on behalf of UMD SJP. “We look forward to educating our campus community on the Palestinian struggle on October 7th throughout the day and concluding with a vigil.”

“We're glad the court recognized that the University can't allow racist threats of violence to dictate who gets to speak and who doesn't," said Tori Porell, staff attorney at Palestine Legal. “This ruling is not just a win for Students for Justice in Palestine at the University of Maryland, but for all students speaking out for Palestinian freedom across the country.”

“We’re thrilled with the Court’s decision. If the First Amendment didn’t protect students who seek to mourn a genocide and educate the public about it, then it’s meaningless,” said Gadeir Abbas, Deputy Litigation Director at CAIR. “Universities that have harassed and punished advocates for Palestine across the country should take note.”

The ruling comes amid a reported trend of universities across the country implementing tougher rules to restrict protests, and avoid a repeat of last spring’s historic student encampments that led to thousands of arrests on campuses across the country.

Though not at issue in this case, the Court also noted that should students use the slogan “From the River to the Sea, Palestine Will be Free,” it would also be an expressive idea protected by the First Amendment. 

Plaintiff’s lawsuit and preliminary injunction can be found here and here.

An amicus brief filed by the ACLU, ACLU of Maryland, FIRE, and the Knight Institute at Columbia described the University’s actions as “a transparent attempt to suppress student expression about Israel and Palestine”, even if the University had “dressed its censorship in the guise of formal evenhandedness.” The amicus brief can be found here.