Court sides with student protesters after University of Maryland canceled Oct. 7 vigil for Gaza

A federal court ruled Tuesday that a student group at the University of Maryland could move forward with a vigil for Gaza on Oct. 7 after the school canceled all events on campus that day, the first anniversary of Hamas’s terror attack against Israel, which spurred the ongoing war. 

Palestine Legal and the Council on American-Islamic Relations sued on behalf of the Students for Justice in Palestine (SJP) group in Maryland after the school canceled a previously approved event on campus that was organized to honor those killed in Gaza since the conflict began last fall.  

“It is clear to the Court that UMCP’s [University of Maryland College Park] decision to revoke its permission to SJP to hold its event on October 7 was neither viewpoint-neutral, nor content-neutral, nor narrowly tailored to serve a significant government interest. The decision clearly came in response to possible speech that several groups or individuals claimed would be highly objectionable,” Judge Peter Messitte said in his ruling.  

The University of Maryland originally approved SJP’s event before issuing a statement to the community saying no student-led activities would be allowed on Oct. 7.  

The school said the best way to approach the anniversary is “to host only university-sponsored events that promote reflection on this day,” only allowing student-led events leading up to the anniversary or right after. 

“The University of Maryland recognizes, and will abide by, the court’s decision, and will work with all registered student organizers of events requested for October 7,” the school said in a statement to The Hill after the ruling. It reiterated the safety concerns it has regarding the vigil and said it will work on the “implementation of a robust safety plan” that will include a “strong security presence.”

“Courts 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,” said Alex Morey, the vice president of campus advocacy at the Foundation for Individual Rights and Expression, a group that filed an amicus brief for the case.  

“Students 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,” Morey added.