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Reason
Reason
Eugene Volokh

Court Quashes Subpoenas to Anti-Defamation League in ASU Pro-Palestine Student Protest Case

From Thursday's opinion by Judge John Tuchi (D. Ariz.) in Campos v. Ariz. Bd. of Regents:

On April 26, 2024, Plaintiffs participated in a pro-Palestine student protest. As relevant here, in the days leading up to the protest, "Defendants engaged in extensive communication and preparation … externally with … affiliates of political organizations such as the Anti-Defamation League [("ADL")] … all with the goal of preventing or squashing any public demonstrations against the use of public assets to fund the genocide in Gaza or affiliation with pro-Zionist entities that might take place at [Arizona State University ("ASU")] or any other public Arizona university." One such communication took place four days before the protest on April 22, [2024], wherein the CEO of the ADL, Jonathan Greenblatt, "explicitly called for ASU to prepare and coordinate with law enforcement in order to impose clear and immediate consequences on students protesting Zionism and its murderous effects in Gaza."

Several hours into the protest, some of the Plaintiffs were forcibly removed, some were arrested, and some were injured. The next day, Plaintiffs were suspended, banned from ASU property, and prohibited from communicating with ASU faculty. Plaintiffs are now suing Defendants for violating their First Amendment right to free speech and discovery efforts are underway.

As relevant here, [ASU President] Dr. Crow has produced 662 pages of communications between ASU and ADL, including emails between Mr. Greenblatt and Dr. Crow. Plaintiffs detail some of those communications in their response brief including, for example, an April 11, 2024 email predating the protests in which Mr. Greenblatt announced the ADL's implementation of "Campus Antisemitism Report Cards" and informed Dr. Crow that ASU earned a "C" grade.

In November 2025, Plaintiffs served upon Mr. Greenblatt and the ADL ("Non-Parties") three subpoenas for documents and the deposition of Mr. Greenblatt. Upon Non-Parties' objection and discussion among counsel, Non-Parties agreed to provide Plaintiffs a list of the other colleges and universities to whom Non-Parties sent the same or similar April 22 [perhaps meaning April 11? -EV], 2024 email, and Plaintiffs agreed to withdraw the subpoenas. In May 2026, Plaintiffs served four subpoenas upon Non-Parties once more, this time with additional requests for document production and deposition categories.

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