Maryland University bans Gaza vigil, prompting constitutional crisis

In yet another assault on the First Amendment of the US Constitution, the University of Maryland has revoked permission for a student-organised vigil for Gaza. The event, planned for 7 October, was to be jointly hosted by the university’s chapters of Students for Justice in Palestine (SJP) and Jewish Voice for Peace, an anti-Zionist group.

According to the organisers, the vigil was intended to include educational activities about Palestinian history and culture, as well as interfaith prayers and testimonies from students who have lost family members in Gaza. Israel has killed over 41,200 Palestinians in the besieged enclave, mainly women and children. A further 95,500 have been wounded, with an estimated 11,000 missing, presumed dead, under the rubble of their homes and other civilian infrastructure destroyed by Israel.

However, following complaints from pro-Israel student groups, University President Darryll Pines announced in a letter to the school community that only “university-sponsored events that promote reflection” would be permitted on the anniversary. This decision effectively cancelled the planned vigil, pushing “all other expressive events” to dates before or after 7 October.

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In response, the Council on American-Islamic Relations (CAIR) has filed a lawsuit in the US District Court in Maryland on behalf of the SJP chapter. The legal action alleges that the university’s decision amounts to censorship and violates students’ First Amendment rights.

“The University of Maryland cannot ignore the Constitution to censor Palestinian and Jewish students, simply because anti-Palestinian groups complain,” said Tori Porell, a staff attorney at Palestine Legal. “It is the job of universities to seek out, not censor, robust debate on pressing social issues.”

The lawsuit argues that the university’s actions establish a dangerous precedent of “free expression-black-out days,” even on occasions that may be emotionally charged or politically polarising. This, the plaintiffs contend, runs counter to the principles of free speech enshrined in the US Constitution.

Advocates for Israel have welcomed what is seen as an attack on the students’ First Amendment right to free speech. Rabbi Ari Israel, executive director of the University of Maryland Hillel, expressed gratitude for “Pines’ and his administration’s supportive leadership,” stating, “We believe the University emphasised being thoughtful about student safety and are appreciative of the University’s decision regarding student gatherings on October 7th.”

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This is not the first time that US institutions have brushed aside have brushed aside the founding principles of the US in order to appease pro-Israel groups. In May, US lawmakers sought to curtail free speech on Israel with a bill undermining constitutional rights.