Federal judge rules University of Maryland can’t cancel Gaza vigil

A federal judge on Tuesday granted a University of Maryland student group’s request for an injunction that would allow them to hold a vigil commemorating the lives lost in the war between Israel and Hamas — with a few conditions.

US District Judge Peter Messitte determined that the students would likely prevail on their free speech arguments and ruled that the event may proceed so long as the group asks participants to identify themselves, and allows the university to provide security and oust anyone who fails to comply with reasonable crowd-control measures.

The local chapter of the Students for Justice in Palestine organization last month sought an emergency court order after University of Maryland President Darryll J. Pines canceled all student-led “expressive events” scheduled for Oct. 7.

That date marks one year since Hamas killed 1,200 Israelis and took scores of hostages in a surprise attack. In response, Israel launched an expansive military operation against Hamas, killing tens of thousands of Palestinian civilians and leveling large swathes of the Gaza strip.

Pines sought to replace all student-led events, including the planned vigil at the center of the lawsuit, with university-sponsored activities “dedicated to discourse and reflection” at the University of Maryland. The announcement came months after student protests over the war led college campuses across the region.

Students for Justice in Palestine leaders and the attorneys representing them said limiting their planned programming would have violated the students’ right to free speech. The lawsuit accused Pines, the university and the state system’s board of regents of engaging in “unconstitutional 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,” attorney Gadeir Abbas told the Capital News Service. Abbas represents the Council on American-Islamic Relations.

The American Civil Liberties Union and other free speech advocates filed an amicus brief last week expressing support for the college students. They argued that the University of Maryland’s Oct. 7 restriction is an unconstitutional and unreasonable attempt to “silence speech about Israel and Palestine.”

Leaders of Students for Justice in Palestine told the Capital News Service they want their Oct. 7 event to include teach-ins, student speakers, interfaith prayers and a vigil.

“By canceling our event, the University of Maryland has continued to deliberately erase the Palestinian perspective from campus,” Daniela Colombi, a board member for the group, said. “We are horrified beyond words at the obstruction of the advancement of equality, justice and liberation.”

It’s not clear if any Jewish student groups also sought to host Oct. 7 events that also got canceled.

The University of Maryland’s Students for Justice in Palestine requested and received approval July 31 to host an “awareness event” on Oct. 7 on McKeldin Mall, a focal point of the College Park campus. Two days later, after the reservation was publicly listed in the university’s student registration system, the university administration requested to meet with the student group, the lawsuit says.

“You are likely to see and hear expressive activity on campus on issues you may or may not agree with…as a public institution, we cannot discriminate on the basis of content or viewpoint, and must therefore allow such groups to be heard,” Pines said in an Aug. 26 letters to the campus community.

The university continued to receive backlash from some pro-Israel groups in the following days.

A petition started by End Jewish Hate calling on the University of Maryland to rescind its permission garnered nearly 30,000 signatures, according to the lawsuit. On Aug. 28, Perillo told the student group that parties outside the university were concerned the event would “glorify violence,” the lawsuit says.

On Sept. 1, university administrators revoked the University of Maryland’s Students for Justice in Palestine’s Oct. 7 reservation, citing student safety concerns.