US federal judge restores Maryland students' right to hold 7 October vigil

A US federal judge has ruled that students at the University of Maryland have the right to hold an interfaith vigil to honour lives lost over a year of Israel's war in Gaza.

The groups Students for Justice in Palestine had planned to co-host the vigil along with Jewish Voice for Peace, an event for which the groups were initially given permission by the university administration. However, a pressure campaign led to the administration's reversal of their decision.

The court's ruling on Tuesday, which followed a hearing on Monday, stated that the university's of permitting the vigil was "clearly neither viewpoint- nor content-neutral," and that, "it came about for reasons that the Constitution simply does not countenance: fear of disruption, and anger of opponents."

The decision follows a joint lawsuit by the Council on American-Islamic Relations and Palestine Legal representing SJP, with the describing the complainants describing the university's decision as discrimination and a violation of the students' constitutional right to free speech.

"Criticizing Israel’s ongoing genocide in Gaza is protected by the First Amendment, period," said Tori Porell, staff attorney at Palestine Legal, in a public statement. "This ruling is not just a win for Students for Justice in Palestine at the University of Maryland, but for all students speaking out for Palestinian freedom across the country."

Similarly, Gadeir Abbas, deputy litigation director at CAIR, said, "If the First Amendment didn’t protect students who seek to mourn a genocide and educate the public about it, then it’s meaningless."

He added, "Universities that have harassed and punished advocates for Palestine across the country should take note."

The American Civil Liberties Union in Maryland, which filed an amicus brief in support of SJP, said on their website that "Universities must foster an environment where all students feel able to express themselves, their opinions, and their emotions."

This legal decision comes as university administrations are increasing restrictions on campus speech as classes are back in full swing after summer break following nearly an entire academic year of student protests against Israel's military campaign and siege on Gaza.

Since October, more than 42,000 Palestinians in Gaza and the occupied West Bank, mainly civilians, have been killed by Israeli airstrikes. In September, Israel began airstrikes on Lebanon and other regional targets.

Major protests around the world are expected in the coming days as the one-year mark of the conflict approaches and as Israel continues to expand its targets.