By Valerie Richardson - The Washington Times - Tuesday, September 17, 2024

A version of this story appeared in the Higher Ground newsletter from The Washington Times. Click here to receive Higher Ground delivered directly to your inbox each Sunday.

Pro-Palestinian students have filed a free-speech lawsuit against the University of Maryland for nixing their plans to hold a vigil honoring “the lives lost during Israel’s ongoing genocide” on Oct. 7, the one-year anniversary of the Hamas attack on Israeli civilians.

The Students for Justice in Palestine chapter at Maryland argued that the university violated the First Amendment by declaring that student-led campus events would be prohibited on Oct. 7, citing concerns about campus safety.

University President Darryll Pines said in a Sept. 1 message that only university-sponsored events “to promote reflection” would be held that day, but that student groups would be permitted to host their own “expressive events” both before and after Oct. 7.

The Council on American-Islamic Relations, which filed the lawsuit Tuesday with Palestine Legal on behalf of the students, said that the restriction “constitutes unlawful viewpoint and content-based discrimination.”

“The First Amendment does not allow campus officials to establish free expression-black-out days, even on occasions that may be emotional or politically polarizing,” said the lawsuit filed in U.S. District Court for the District of Maryland, Southern Division.

The legal challenge comes with universities nationwide girding for a surge in anti-Israel activism on the anniversary of the Oct. 7 massacre, which saw Hamas terrorists kill 1,200 Israeli and other civilians, prompting the Israel counterattack.

Students for Justice in Palestine had been approved to hold a series of events on Oct. 7 at McKeldin Mall, including an interfaith vigil; teach-ins about Palestinian history; a Palestinian arts-and-crafts area, and a “visual display of kites,” as well as host speakers who have “personally lost family members in Gaza.”

The university rescinded its approval following blowback from the Jewish community and others, including a petition warning that any mentions of “intifada,” “from the river to the sea, Palestine will be free,” or “Palestinian martyrs” would be viewed as antisemitic attacks in violation of Title VI.

“To be clear, we are not asking that SJP be denied their right to assemble,” said a widely circulated petition dubbed the “Letter from the Community.”

“But we cannot abide an event that demonizes our community, applies a double standard to our community that is not used with any other group, or calls for the destruction of our community,” the note said.

The letter said that the SJP chapter has already during the 2024-25 academic year posted “wildly exaggerated numbers about the death toll in Gaza” and displayed a banner on McKeldin Mall saying, “From the River to the Sea.”

Those applauding the cancellation included the Jewish Student Union, Terps for Israel, the Israeli American Council, and Maryland Hillel.

The groups said in a joint statement on Instagram that they were “relieved that SJP will no longer be able to appropriate the suffering of our family and friends to fit their false and dangerous narrative.”

In the lawsuit, the SJP chapter argued that the date was integral to the event.

“The vigil UMD-SJP planned is to commemorate a specific anniversary, October 7th, and conducting its event on that date is a core part of the group’s speech,” said the lawsuit. “UMD-SJP chose this date specifically because of the emotional significance that it holds for members of its organization, and because it will be a day where its message would be able to receive significant attention from the campus at-large.”

Rescheduling the event “makes the injury permanent,” the group said.

The complaint seeks a court injunction blocking the university from enforcing its prohibition on student-led events on Oct. 7.

• Valerie Richardson can be reached at vrichardson@washingtontimes.com.

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