The Council on American-Islamic Relations (CAIR) and Palestine Legal today welcomed a ruling by the United States District Court for the District of Maryland granting the Students for Justice in Palestine at the University of Maryland (UMD SJP) request for a preliminary injunction to allow the group to host an interfaith vigil on October 7, 2024.
SEE: Judge clears way for U-Md. pro-Palestinian group’s vigil on Oct. 7 – Washington Post
SEE ALSO: Federal judge pauses UMD’s Oct. 7 event restrictions
Federal judge restores University of Maryland students’ ability to host Oct. 7 vigil
Federal judge restores University of Maryland students’ ability to host Oct. 7 vigil – Baltimore Sun
The court, which came following a hearing yesterday, ruled that the university’s revocation of the SJP reservation was “clearly neither viewpoint- nor content-neutral,” and that, “It came about for reasons that the Constitution simply does not countenance: fear of disruption, and anger of opponents.”
“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.”
“Criticizing Israel’s ongoing genocide in Gaza is protected by the First Amendment, period.” 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.”
BACKGROUNDER:
The ruling comes amid a reportedtrend 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.
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 7. 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.
In the ruling, the court found that the university could not bow to racist threats from pro-Israel individuals by shutting down UMD SJP’s event on October 7.
At yesterday’s hearing, two university defendants also testified that pro-Israel individuals had threatened to hold a Klan rally and bring a gun onto campus if SJP’s vigil was allowed to proceed, and the University made its draconian decision to keep SJP safe from off campus actors opposed to SJP’s message. According to UMD’s police chief’s testimony, one such pro-Israel individual repeatedly used the N-word to refer to the university president and another had wished violence upon his family.
The Council on American-Islamic Relations (CAIR) is America’s largest Muslim civil rights and advocacy group. Its mission is to enhance the understanding of Islam, protect civil rights, promote justice, and empower American Muslims.
Palestine Legal’s mission is to bolster the Palestine solidarity movement by challenging efforts to threaten, harass and legally bully activists into silence and inaction.
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CONTACT: CAIR National Senior Litigation Attorney Gadeir Abbas 720-251-0425, gabbas@cair.com; Palestine Legal Media, media@palestinelegal.org; CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, e-Mitchell@cair.com; CAIR Maryland Director Zainab Chaudry, zchaudry@cair.com; CAIR Maryland Outreach Coordinator Kimberly Syuardi, ksyuardi@cair.com; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com; CAIR National Communications Manager Ismail Allison, 202-770-6280, iallison@cair.com