A district court ruled Tuesday that the University of Maryland (UMD) must permit a pro-Palestinian student group to hold a vigil on Oct. 7.
The Students for Justice in Palestine (SJP) chapter filed a lawsuit against UMD in September after the university rescinded its approval for the event, stating that only “university-sponsored events that promote reflection” would be allowed on that date, marking the one-year anniversary of Hamas’ attack on Israel that initiated the Gaza conflict.
While UMD cited safety concerns and received numerous requests to cancel events on that day, Clinton-appointed Judge Peter J. Messitte found that blocking the vigil infringed on the First Amendment rights of the SJP chapter, according to court documents.
“The grave harm the University cites is the potential disruption and violence that it believes will follow if the October 7 event goes forward,” the Messitte’s decision reads. “But in the Court’s view the decision of the University to revoke SJP’s reservation was clearly neither viewpoint- nor content-neutral. It came about for reasons that the Constitution simply does not countenance: fear of disruption, and anger of opponents. Again, the case authority emphatically rejects these reasons.”
The court clarified that the university could continue to enforce its conduct rules and had the authority to discipline students who violate university policies.
“[W]hile speech and slogans by SJP will be permitted on October 7, any negative conduct not protected by the First Amendment will not be — including any incitement to imminent violence, physical or verbal threats, impeding access of any students to class or buildings, property damage of any sort, the occupation of buildings, encampments, and, in general, defiance of reasonable crowd control measures employed by security personnel,” Messitte wrote. “Violators may be subject to arrest and/or ouster from the campus. The University’s policy requirements with respect to campus events as they presently stand will apply in full.”
Messitte also noted that “it is entirely possible the university may need to strengthen its security staff” for the event and advised UMD to be prepared in the event of protests.
“It simply cannot be said with assurance that personal threats, violence, and property damage as a result of campus protests involving Gaza, given recent experience around the country, will not occur,” Messitte wrote. “But, as stated before, there are less restrictive alternatives to meet these potential challenges short of suppressing expressive conduct under the First Amendment.”
Anti-Israel protests began on college campuses in 2023, leading to multiple arrests, significant damage, and instances of violence, although many students received little to no disciplinary action. Protests continue to be a frequent occurrence on campuses, with Cornell University experiencing disruptions on the very first day of classes this year.
“Today, Students for Justice in Palestine at the University of Maryland has achieved a historic victory,” the group wrote in an Instagram post. “We refuse to allow attempts to cancel our reservations to stop our message.”
