SJP UMD Rally to Go Forward Today (October 7th) Following Federal Judgement – Opinion and Exclusive MPIA Results

October 7, 2024 – Anonymous submission

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Documents obtained from the University of Maryland reveal UMD Students for Justice in Palestine applied to reserve McKeldin Mall for an invitation only event for 25-50 people on October 7th from 7am to 11pm.

UMD SJP sued the university for violating their free speech rights after the university restricted on campus special events on October 7th and rescheduled their event for  October 8th .  On October 1st, the Court ruled that SJP  complied with university policies, and the university must allow them to proceed with the event.

Event Did Not Comply with University Policy

Another part of the problem is it does not appear UMD SJP complied with university policy. They were required to provide a detailed description of their event by August 14th so that university police, the fire marshal, and risk management could review the event. Their application included no detailed description of the event.

Further, on September 17th UMD SJP held a press conference where they admitted they were still in the planning stages of the event. SJP board member Abel Amene stated “while we are still in the planning stages of this event, that is still three weeks out, we have begun to formulate some ideas of what it would include”

Use of Entire Mall Unprecedented

In his ruling, Judge Messitte failed to consider that by reserving the entire 9-acre mall from 7 am to 11pm for an invitation only event, SJP was blocking other groups from using the mall and suppressing their speech.

Judge Messitte also failed to consider that his ruling was issued the day before the Jewish New Year, thereby denying Jewish groups adequate time to organize their event.

It is concerning the university allowed SJP to reserve the entire mall for the entire day on October 7th.  When Israel Fest is held on McKeldin Mall, the university requires Jewish groups to share the Mall with SJP.

Federal Judge Ruling Statements Raise Concerns

The judge’s ruling also contained a number of concerning statements:

Moreover, even if pro-Israel groups see October 7 as somehow sacrosanct, it is at least fair argument for pro-Palestine groups to see the date as sacrosanct as well, symbolic of what they believe is Palestine’s longstanding fight for the liberation of Gaza.”

 “In the Court’s view, the harm SJP would suffer if the preliminary injunction does not issue is clearcut: It will lose the opportunity to express its grievances and commemorate the loss of life on what it believes is a sacrosanct day”.

No other date, as SJP sees it, can make the point of their mission quite as forcefully as October 7; to SJP, it is unique. That, in the Court’s view, fortifies SJP’s claim of irreparable harm over and above the infringement of SJP’s First Amendment rights”.

Judge Messitte’s ruling also referred to Kibbutzes as settlements, Jewish groups as anti-Palestinian and anti-Israel groups as pro-Palestinian.

It is concerning that Judge Messitte repeatedly referred to October 7th, as sacrosanct for Palestinians. He stated October 7th is sacrosanct for pro-Palestinian groups because the date is symbolic of Palestinians longstanding fight for the liberation of Gaza. The problem with this statement is, Gaza has not been occupied by Israel since 2005.

It is also concerning Messitte stated SJP would be irreparably harmed if they could not hold their event on October 7th, because no other date would allow them to make their point as forcefully. Would the KKK be irreparably harmed of they could not hold a demonstration at the MLK memorial on Dr. King’s birthday?

Troubling SJP Member Statements

Statements by SJP members are also troubling. The Washington Post reported that SJP member Abel Amene stated “We are relieved to have the chance to actually put on this event and commemorate not only all the deaths that occurred on October 7, including hundreds of Palestinians during bombings in Gaza on October 7, but the tens of thousands of people that have been killed since that date,” when no Palestinians were killed in Gaza on October 7.

UMD Response

The UMD press release includes the following in it’s response:

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. Event organizers, campus officials and UMPD will implement a plan that allows all events to proceed in accordance with the court’s ruling. Notwithstanding today’s court ruling, the safety concerns that were raised remain a source of ongoing attention and focus for us.

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