From yesterday's longish decision by Judge Robert Pitman (W.D. Tex.) in Qaddumi v. Davis:
Qaddumi challenges his suspension (and the ongoing disciplinary record resulting from it) from UT as a violation of his First Amendment rights. The parties cite record evidence of the following facts. Qaddumi was involved in planning a protest, to include a "walk out of class," "guest speaker," and two "teach-in[s]," against ongoing violence in Gaza in April 2024 as a member of the Palestine Solidarity Committee ("PSC"). The planned protest activities were peaceful in nature.
UT, however, preemptively ordered the protest cancelled the night before it was scheduled to occur. UT alleges that it understood PSC to have the same plans for its protest as those organized at other universities by Students for Justice in Palestine ("SJP"), a separate national group, of which PSC is not a chapter. UT says it observed indicators that PSC aimed to set up tents and stay overnight in the outdoor areas of campus, in violation of UT rules. UT cites statements made in PSC's social media posts about intending to "occupy" campus, and the fact that at other universities around the country, SJP protesters had set up encampments causing, in UT's view, substantial disruption to those campuses.
More specifically, then-UT Austin President Jay Hartzell instructed UT staff members to email PSC leadership directing them to cancel the protest. PSC responded to the email, noting that their demonstration would comply with UT rules and would not involve an overnight encampment. Also, on April 23, 2024, the Texas Department of Public Safety, when considering its response to the event, conducted an analysis of the planned protest and found that there were "no indicators of planned or potential disruptive activity or credible threats at this time."
