Media Round-Up: Federal court rules that the University of Maryland must allow students to hold events on October 7

On October 1st, 2024, the federal district court in Maryland ruled in favor of our client, Students for Justice in Palestine at the University of Maryland, holding that the University must allow students to host a vigil on October 7 intended to mark one year of Israel’s ongoing genocide in Gaza.

On September 17, Palestine Legal and CAIR 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 7.

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.

Below is a media roundup of the top 7 stories about our lawsuit and the judge’s ruling from mainstream and local outlets including The Hill, The Washington Post, The New York Times, Inside Higher Ed, The Forward, and ABC 7.

Inside Higher Ed

New Policies Suppress Pro-Palestinian Speech | September 16

In an op-ed for the outlet, our Senior Staff Attorney Radhika Sainath writes:

“In July, Students for Justice in Palestine at the University of Maryland applied to hold a vigil on Oct. 7. The university granted the application but, after receiving numerous complaints, made a threat assessment, found ‘no immediate or active threat,’ then still canceled the event—and, in an extraordinary and unlawful move, banned all expressive events on campus that are not university-sponsored on that date.

This may be the most egregious example of universities trying to appease pro-Israel forces by preventing protests against Israel’s brutal war in Gaza, but as students return to campus, colleges are rewriting policies that will have dire consequences on university life for years to come.”

The Washington Post

Pro-Palestinian group urges judge to allow Oct. 7 vigil at U-Md. | September 30

“‘We find it pretty disturbing that rather than directly address who is threatening us, the university is trying to silence us,’ Daniela Colombi, a member of the SJP chapter, said during the hearing.

According to court filings, [University of Maryland President] Pines, who is Black, received an email on Aug. 29 that ‘expressed hope that President Pines’ children and grandchildren would one day be slaughtered,’ as well as another on Aug. 26 that said ‘my Klan Rally with sheets and a noose are also approved’ and that ‘We will be hanging several look alike to key university staff.’ The university said its deputy general counsel received a call on Aug. 30 from a person who said she was ‘locked and loaded’ and planned to bring a gun to campus to defend herself.”

ABC 7

UMD student group takes university to court over decision to cancel Oct. 7 event   | September 30

“‘I hope that we’re allowed to hold our vigil on October 7th. I hope that we send a clear message that this sort of action isn’t ok and is indeed a violation of the First Amendment, and that the University needs to do better by us in this case,’ said Rifka Handelman, a member of Students for Justice in Palestine who attended the hearing.”

The Washington Post

Judge sides with U-Md. pro-Palestinian group, clears way for Oct. 7 vigil | October 1

“‘We are relieved to have the chance to actually put on this event and commemorate not only all the deaths that occurred on October 7, including hundreds of Palestinians during bombings in Gaza on October 7, but the tens of thousands of people that have been killed since that date,’ said Abel Amene, a co-secretary of the campus SJP chapter.

The university’s decision to cancel the event ‘was neither viewpoint-neutral, nor content-neutral,’ the judge wrote. ‘It came about for reasons that the Constitution simply does not countenance: fear of disruption, and anger of opponents.’”

The Hill

Court sides with student protesters after University of Maryland canceled Oct. 7 vigil for Gaza | October 1

“‘It is clear to the Court that UMCP’s [University of Maryland College Park] decision to revoke its permission to SJP to hold its event on October 7 was neither viewpoint-neutral, nor content-neutral, nor narrowly tailored to serve a significant government interest. The decision clearly came in response to possible speech that several groups or individuals claimed would be highly objectionable,’ Judge Peter Messitte said in his ruling.”

The Forward

U of Maryland must let pro-Palestinian student group hold an Oct. 7 event, judge rules | October 1

“‘This is a matter of law, not wounded feelings,’ [Judge] Messitte wrote in his opinion. In an opinion that cited past campus protest movements, including those against the Vietnam War and apartheid-era South Africa, he continued, ‘Free speech as guaranteed by the First Amendment may be the most important law this country has.’

Messitte continued, ‘The Court will order UMCP to permit the October 7 event to go forward. The law very much inclines in support of this decision.’

‘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,’ Gadeir Abbas, Deputy Litigation Director at CAIR, said in the release.”

‘Criticizing Israel’s ongoing genocide in Gaza is protected by the First Amendment, period,’ said Tori Porell, staff attorney at Palestine Legal.”

The New York Times

Protest That the University of Maryland Sought to Prevent Goes On | October 7

A pro-Palestinian student group gathered to mourn the lives lost in the war in Gaza on Monday, following a federal judge’s ruling last week against the University of Maryland’s plan to block it.

Daniela Colombi, 20, a member of Students for Justice in Palestine who is studying astronomy and physics, said the group expected additional people because of attention brought by the lawsuit.

‘Oct. 7 is a flashpoint day,’ she said, adding, ‘We wanted to get as much attention as possible.’

By the evening, the vigil that the university had sought to prevent had drawn several hundred people. Someone read a list of Palestinian children killed in Gaza. Another recited a poem by a Palestinian writer who also died. The crowd listened silently.”