The Michigan chapter of the Council on American-Islamic Relations (CAIR-MI) today expressed serious concerns regarding the recently unsealed indictments arising from protests at the University of Michigan, warning that while allegations of criminal conduct should be addressed through the judicial process, charging documents should not blur the line between alleged unlawful acts and constitutionally protected political expression, peaceful protest, and advocacy on matters of public concern.
CAIR-MI wishes to make clear at the outset that it is not representing any of the individuals in these criminal matters and therefore does not comment on the specific factual allegations or the ultimate merits of the prosecution. Likewise, CAIR-MI does not condone criminal conduct, violence, vandalism, or the destruction of property, regardless of the cause being advanced. Any person accused of a crime is entitled to due process, and the allegations should be tested in court.
However, CAIR-MI has serious concerns regarding the apparent framing and scope of the indictment itself. Based on its review, the charging document appears to include extensive references to broader political events, protected viewpoints, and advocacy activity that are not, in themselves, the conduct for which the defendants are being prosecuted. The inclusion of such material risks transforming what should be a focused criminal charging document into a narrative that unnecessarily associates protected political advocacy with criminality.
Equally troubling is the apparent reliance on or discussion of the students’ participation in lawful political speech and peaceful advocacy, including calls for divestment, expressions of solidarity with Palestinians, criticism of government policies, and advocacy for Palestinian human rights. These forms of expression occupy the highest level of protection under the First Amendment and have long been recognized as core political speech in our constitutional tradition.
A criminal indictment should identify alleged criminal acts—not create the impression that constitutionally protected viewpoints or participation in peaceful demonstrations somehow provide evidence of criminal intent. The government should be exceptionally careful not to blur the line between alleged unlawful conduct and lawful political expression. When an indictment incorporates extensive references to protected advocacy, there is a legitimate concern that it may sweep constitutionally protected speech into the narrative of criminal prosecution in a manner that is both inappropriate and unnecessary.
Many of the students and community members who participated in demonstrations over the past year engaged in peaceful protests, rallies, teach-ins, petitions, chants, speeches, and calls for institutional divestment. These activities are traditional forms of civic engagement and political participation. Whether one agrees or disagrees with the message, advocating for Palestinian human rights, criticizing governmental policies, or urging a university to alter its investment decisions are lawful political activities protected by the Constitution.
The danger of conflating protected advocacy with criminal allegations extends beyond this case. If lawful participation in a protest movement can later be presented as part of a criminal narrative because of the viewpoint expressed, the chilling effect will not be limited to advocacy concerning Palestine. It will inevitably discourage students and community members from engaging in peaceful political activism on any controversial issue, undermining the robust exchange of ideas that the First Amendment exists to protect.
Dawud Walid, Executive Director of CAIR-Michigan, stated:
“Our justice system must carefully distinguish between alleged criminal acts and constitutionally protected political advocacy. Regardless of one’s views on the underlying issues, students do not lose their First Amendment rights because their speech is controversial or unpopular. We are concerned by any prosecutorial approach that appears to broaden criminal allegations by incorporating lawful advocacy and political expression into the narrative.”
Amy V. Doukoure, Lead Staff Attorney for CAIR-Michigan, added:
“CAIR-MI is not representing any individuals in these criminal matters, and we do not condone any actual criminal conduct. Our concern is that the indictment appears to include extensive references to broader political events, protected viewpoints, and students’ lawful participation in peaceful protests calling for divestment and the recognition of Palestinian human rights. Criminal prosecutions should be based on alleged criminal acts—not on protected speech or association. When lawful advocacy is swept into a criminal narrative, it risks chilling the exercise of First Amendment rights for everyone, regardless of the cause they support.”
CAIR-MI remains steadfast in its belief that the government may prosecute actual criminal conduct where supported by evidence, but it must do so without casting suspicion on constitutionally protected speech or creating guilt by association through references to political beliefs, lawful demonstrations, or unpopular viewpoints. The justice system must distinguish between criminal acts and protected advocacy, preserving both public safety and the constitutional freedoms that define our democracy.
CAIR-MI will continue to monitor these proceedings and advocate for the constitutional rights of all students and community members, recognizing that the protection of free speech is tested most when the viewpoints expressed are controversial.
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims. La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar
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CONTACT: CAIR-MI Lead Staff Attorney, Amy V. Doukoure (586) 943-8823, adoukoure@cair.com; CAIR-MI Executive Director, Dawud Walid, (248) 842-1418, dwalid@cair.com