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Reason
Reason
Politics
Eugene Volokh

"[T]his Is a Matter of Law, Not of Wounded Feelings": Univ. of Maryland May Not Ban All Oct. 7 Demonstrations …

Yesterday's opinion by Judge Peter Messitte (D. Md.) in Univ. of Md. Students for Justice in Palestine v. Bd. of Regents held (generally quite correctly, I think) that the University's revoking the SJP's reservation of space for a demonstration violated the First Amendment, because it was an attempt to suppress SJP's viewpoint. An excerpt of the facts:

SJP [at first was given a reservation, in August, for an event that it] described … as an interfaith vigil to be held on the University's College Park campus on October 7, intended to mourn lives lost in Israel's purported "genocide" in Gaza. In revoking the approval, the University also banned all student-organized events on the College Park campus on that day, as well as such events throughout the University system statewide….

For years, UMCP students as well as outsiders have used UMCP's McKeldin Mall as a forum for free expression, one of only four venues that UMCP allows for students to host "Scheduled Expressive Activity." The Mall is a rectangular field, consisting of some nine acres, centrally located on the College Park campus…..

SJP indicates that it primarily planned to use their reservation of McKeldin Mall to hold a vigil commemorating the thousands of lives lost since what it characterizes as the initiation of Israel's current attack on Gaza. Over the course of the day, the group stated that it would also host several other activities, including teach-ins about Palestinian history, culture, and solidarity between Palestinians and other marginalized groups; tables highlighting Palestinian art and traditional crafts; a visual display of kites, a motif in Palestinian poetry; as well as a vigil and inter-faith prayers. The group indicated that it had invited several SJP members who have personally lost family members in Gaza to speak. {SJP expressly indicated that it expected 25 to 50 student attendees and expressly agreed to comply with all student-organization event guidelines and policies.} …

SJP says it chose October 7 specifically because October 7 marks the beginning of what it calls Israel's most recent "genocidal campaign" which, SJP claims, has resulted in the death of over 40,000 Palestinians in Gaza. Another recognized student organization, Jewish Voice for Peace at the University of Maryland …, has agreed to co-sponsor SJP's event….

In response to public opposition, the University of Maryland canceled the event and indeed ban all student-sponsored events on Oct. 7; here's how UMD College Park's president publicly explained the cancellation:

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