A lawsuit filed by UVM Students for Justice in Palestine against UVM has been dismissed, according to a Dec. 20, 2024 decision by District Court Judge William Sessions.
The University suspended UVMSJP’s on-campus operations on May 1, 2o24, due to alleged policy violations committed during the 10-day Palestine solidarity encampment held on the Andrew Harris Commons last April, according to a Sept. 12, 2024 Cynic article.
The lawsuit, which was filed on Sept. 9, 2024, challenged the interim suspension, arguing that the decision violated the First Amendment rights of SJP to demonstrate on campus.
While they were disappointed by the lawsuit’s dismissal, their monthslong suspension was ended by the University days before the dismissal was issued, according to a statement by SJP.
“We were notified by UVM four days prior to the outcome that our suspension has now been lifted after nearly eight months,” they stated.
The student group has not responded to questions regarding whether or not they will appeal the court’s dismissal.
Adam White, spokesperson for the University, stated in a Jan. 3 email that UVMSJP’s suspension was lifted on Dec. 16, 2024. The group has been placed on disciplinary probation through the spring semester and may operate provided they complete “educational and restorative sanctions,” White’s email stated.
“UVM values and encourages free expression, provided it is exercised in accordance with university policies,” he stated.
The University’s policies regarding demonstrations provided “unbridled administrative discretion to restrict free speech,” the lawsuit stated.
One such policy was UVM’s temporary structures policy, which prohibited the erection of tents and shanties on campus without University consent. The administration cited the encampment as a violation of the policy’s demonstration guidelines, according to an April 28 Cynic live update.
However, the court ruled that the policies’ concerns were reasonable and that the University’s implementation of them was following existing legal precedent, the decision stated.
“Allowing students to sleep outside on University property gives rise to vulnerabilities that are not present when students are housed in secure dormitories,” the decision stated. “The Temporary Structures policy addresses those vulnerabilities and furthers the community’s strong interest in maintaining student safety.”
Since the Andrew Harris Commons is owned by the University and is used primarily for University purposes, it constitutes a limited public forum, the decision stated.
A limited public forum is a type of forum that is open for public expression, in which the government may discriminate against classes of speakers or types of speech. However, the government is still prohibited from engaging in viewpoint discrimination.
“While both students and the general public may apply to use the Commons, both are limited by the University’s rules with respect to such use, with additional rules applying to the public,” the decision stated.
Due to UVMSJP’s use of other forms of communication, such as social media, to express its viewpoints, the pro-Palestine group could not argue that its lack of recognition constituted suppression of free speech, according to the decision.
“Given the many alternative forms of accessible communication, UVMSJP cannot ‘maintain that nonrecognition of a student organization is equivalent to prohibiting its members from speaking,’” the decision stated.
The lawsuit further claimed the student group’s suspension was part of a pattern of suppressing Palestinian voices on campus, which they alleged included the cancellation of Palestinian poet Mohammed El-Kurd’s in-person lecture on Oct. 26, 2023.
The court ruled that the group’s suspension was a separate matter from these former incidents and that, in those cases, the University followed its own policies, the decision stated.
“The incidents cited by UVMSJP are readily distinguished from the events in this case,” the decision stated. “The University’s actions were taken pursuant to rules and policies that focus on conduct.”
UVMSJP said they will resume operations on campus in the upcoming semester. However, the group will be on disciplinary probation through May 20.
“We look forward to rejoining the campus community as we march forward together in solidarity with the Palestinian people,” the email stated.
