A federal judge ruled Thursday that the University of Texas at Austin did not violate a former student’s First Amendment rights when it canceled the April 2024 pro-Palestinian protest and later suspended him.
This means Ammer Qaddumi’s three-semester suspension will remain on his disciplinary record. Qaddumi, who was on the steering committee of the Palestine Solidarity Committee, graduated in May but testified that the record could negatively affect him when he applies to become a licensed attorney and, later, seeks jobs.
U.S. District Judge Robert Pitman found UT reasonably anticipated substantial disruption. However, he also criticized the university’s rushed handling of the protest and said Qaddumi had valid reasons to believe his rights were violated.
Pitman held a three-day bench trial in May. Qaddumi argued UT punished him for protected speech and asked the court to stop the university from maintaining the suspension on his disciplinary record. UT officials defended the suspension as lawful and said they were allowed to shut down the protest because officials reasonably expected demonstrators to violate campus rules against camping and substantially disrupt university operations.
Pitman sided with UT, citing a 1969 U.S. Supreme Court ruling that allows schools to restrict speech when officials reasonably anticipate substantial disruption. He found the student group’s protest announcements and references to demonstrations at Columbia University and other schools gave officials a reasonable basis to anticipate violations of rules.
Then-UT president Jay Hartzell testified that his decision to cancel the protest was not based the pro-Palestinian viewpoints or political pressure. Pitman found Hartzell credible and said the trial record did not show Gov. Greg Abbott’s executive order — which directed Texas universities to strengthen policies against antisemitism and discipline groups, including PSC and Students for Justice in Palestine, for violations — drove UT’s decision.
UT police expected a peaceful protest and the Texas Department of Public Safety found no signs of planned disruptive activity. Pitman concluded Hartzell likely had that information available to him but said the former president did not have to adopt law enforcement’s assessments. Police were focused on criminal activity, while university officials could also consider violations of campus rules.
UT officials and attorneys for Qaddumi did not immediately respond to requests for comment Thursday.
It was not immediately clear whether Qaddumi would appeal.
The April 24 protest at UT was part of a wave of pro-Palestinain demonstrations that swept college campuses nationwide over the war in Gaza.
In Austin, protesters called on the UT System to divest from weapons manufacturers and other companies tied to Israel. Police arrested more than a 100 people that month, but prosecutors later dropped the misdemeanor charges against many of them.
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