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University of Maryland Students for Justice in Palestine v. Board of Regents Amicus Brief
Document Date:
September 26, 2024
Affiliate:
老澳门开奖结果 of Maryland
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Press ReleaseOct 2024
Free Speech
Federal Court Blocks University of Maryland鈥檚聽 Unconstitutional 鈥楨xpressive Event鈥 Ban
BALTIMORE 鈥擜 federal court ruled today that the University of Maryland Students for Justice in Palestine's vigil scheduled for October 7th can move forward. This comes after the University of Maryland unconstitutionally banned all student-led expressive events on that day. Last week, the 老澳门开奖结果, the 老澳门开奖结果 of Maryland, the Foundation for Individual Rights and Expression, and the Knight First Amendment Institute at Columbia University filed an amicus brief in support of University of Maryland Students for Justice in Palestine's lawsuit challenging the ban on First Amendment grounds. The free speech organizations argued that the university's ban is unconstitutional because the restriction singles out speech based on its message and fails to meet the high bar therefore required by the First Amendment to justify it. "The right to engage in free exchange of ideas on campus is not a right that can be taken away because people in power do not want to hear them," said Nick Taichi Steiner at 老澳门开奖结果 of Maryland. 鈥淯niversities must foster an environment where all students feel able to express themselves, their opinions, and their emotions. UMD denied that to the Students for Justice in Palestine and violated their First Amendment rights. We鈥檙e grateful for the court鈥檚 decision to overturn this viewpoint and content-based ban." The Council for American-Islamic Relations and Palestine Legal represent the University of Maryland Students for Justice in Palestine, which initially received university permission to host a vigil on the anniversary of October 7 to mourn lives lost in Gaza over the past year. However, after facing complaints about the event and the sponsor, the University of Maryland revoked its permission. The university subsequently instituted a blanket ban on all student-led 鈥渆xpressive events鈥 for October 7, and declared that the university system would allow only 鈥渦niversity-sponsored events that promote reflection.鈥 鈥淭his is an important victory for free speech,鈥 said Alex Abdo, litigation director at the Knight First Amendment Institute at Columbia University. 鈥淚t鈥檚 unfortunate, though, that it took a federal lawsuit to reaffirm the rule that the First Amendment prohibits public universities from censoring speech based on disagreement with its message or the offense it may cause." The groups鈥 amicus explained that this ban is a clear effort to silence speech about Israel and Palestine 鈥 and SJP鈥檚 message in particular 鈥 because the university limited it to a uniquely salient day, and was only declared after others voiced their displeasure with the vigil. The amicus also explains that, even if the ban were not focused on burdening particular messages, it would still be unreasonable, both because it would undercut the public university's core function of encouraging free debate and open dialogue, and because it would be impossible to discern what kinds of events are allowed on UMD campuses that day and what are not. 鈥淐ourts don't take preliminary injunction requests lightly, but it was as clear to the court as it was to our coalition that UMD's blanket ban would have constituted a serious and irreparable burden on student speech,鈥 said Alex Morey, FIRE鈥檚 vice president of Campus Advocacy. 鈥淪tudents have a First Amendment right to speak on their public campus on October 7th, and UMD's effort to delay that speech to a day that's more convenient for them was, plain and simple, unconstitutional."Affiliate: Maryland -
Press ReleaseSep 2024
Free Speech
LGBTQ Rights
Free Speech Organizations Urge University of Maryland to Lift Unconstitutional 鈥楨xpressive Event鈥 Ban
BALTIMORE 鈥 The 老澳门开奖结果, the 老澳门开奖结果 of Maryland, the Foundation for Individual Rights and Expression, and the Knight First Amendment Institute at Columbia University filed an amicus brief last night in support of University of Maryland Students for Justice in Palestine's lawsuit, which challenges the university鈥檚 ban on all student-led expressive events scheduled for Oct. 7. The free speech organizations argue that the university's ban is unconstitutional because the restriction singles out speech based on its message and fails to meet the high bar therefore required by the First Amendment to justify it. 鈥淚mposing a blanket ban on student speech because of its message 鈥 and more precisely, because people find the students鈥 message controversial or provocative 鈥 completely undercuts the University of Maryland鈥檚 function as a place of learning, dialogue, and the robust exchange of ideas, and is a clear violation of students鈥 First Amendment rights,鈥 said Nick Taichi Steiner at 老澳门开奖结果 of Maryland. 鈥淭he university should lift this ban and allow UMD Students for Justice in Palestine to hold their vigil.鈥 The Council for American-Islamic Relations and Palestine Legal represent the University of Maryland Students for Justice in Palestine, which initially received university permission to host a vigil on the anniversary of Oct. 7 to mourn lives lost in Gaza over the past year. However, after facing complaints about the event and the sponsor, the University of Maryland revoked its permission. The university subsequently instituted a blanket ban on all student-led 鈥渆xpressive events鈥 for Oct. 7, and declared that the university system would allow only 鈥渦niversity-sponsored events that promote reflection.鈥 鈥淲hile we appreciate the University of Maryland鈥檚 desire to acknowledge the pain this day may cause students, censorship is not the appropriate response,鈥 said Alex Abdo, litigation director at the Knight First Amendment Institute at Columbia University. 鈥淚nstead of silencing students and policing their grief, the university should uphold its commitment to fostering an environment where all students can freely express their views, even on the most challenging days." The amicus explains that this ban is a clear effort to silence speech about Israel and Palestine 鈥 and SJP鈥檚 message in particular 鈥 because the university limited it to a uniquely salient day, and was only declared after others voiced their displeasure with the vigil. The amicus also explains that, even if the ban were not focused on burdening particular messages, it would still be unreasonable, both because it would undercut the public university's core function of encouraging free debate and open dialogue, and because it would be impossible to discern what kinds of events are allowed on UMD campuses that day and what are not. 鈥淭he University of Maryland can鈥檛 hit pause on the First Amendment. Not on October 7th, or ever,鈥 said Alex Morey, FIRE鈥檚 vice president of Campus Advocacy. 鈥淔IRE is gratified to stand with the free expression advocates at the 老澳门开奖结果 and the Knight First Amendment Institute, defending all UMD students鈥 right to speak out."Affiliate: Maryland