UCLA Students and Faculty Sue University of California Regents Alleging Free Speech Violations

Lawsuit Filed After Over 200 Protesters Arrested During Peaceful Campus Demonstration

The American Civil Liberties Union of Southern California (ACLU) has filed a lawsuit on behalf of two students and two faculty members at the University of California, Los Angeles (UCLA) The lawsuit makes allegations of violations of their rights to free speech and expression against the Regents and accuses university officials of unlawfully arresting nonviolent demonstrators during a campus protest on May 2, 2024. 

The lawsuit stems from the Palestine Solidarity Encampment, a protest organized by UCLA students to oppose actions by the State of Israel and the Israeli Defense Forces, as well as UCLA’s financial ties to those actions. According to UCLA historians, the encampment was described as an “orderly and self-disciplined environment” that initially appeared to have the support of the university administration.

Screencap from Faculty for Justice in Palestine at UCLA

However, on May 2, just days after a mob of more than 100 masked individuals armed with toxic spray, fireworks, and other weapons attacked the encampment, UCLA police, and partner agencies, acting under the direction of UC leadership, dismantled the protest camp. This action resulted in the arrests of more than 200 students, faculty, and supporters. 

“Students decrying the genocide of Palestinians and the university’s complicity were brutally shut down by the same administrators who profess to support free expression,” said Graeme Blair, a plaintiff and associate professor of political science, who was arrested during the May 2 police raid. “As an educator, I am ashamed that the university failed our students.”

Vice Chancellor Darnell Hunt, who is now interim chancellor, responded to questions at a press conference organized by students on the afternoon of May 1 by asking what students what they thought the University administration could have done to stop the “hundreds” of attackers seemingly abdicating responsibility for student safety during the attack. The ACLU lawsuit names Interim Chancellor Darnell Hunt, Administrative Vice Chancellor Michael Beck, Director of UCLA’s Office of Public Safety Rick Braziel, Acting Chief of the UCLA Police Department, Gawini Gibson, Vice Chancellor Monroe Gordon Jr. and President of the University of California, Micheal Drake. 

According to the lawsuit, the protesters were engaged in peaceful demonstrations and had not committed any violent or illegal acts. Despite this, the university illegally declared the protest unlawful and ordered LAPD and California Highway Patrol to dismantle the encampment, forcing protesters to leave or face arrest.

Photo Credit: Dolores Quintana

Mohammad Tajsar, senior staff attorney at the ACLU of Southern California, criticized the university’s actions. “Our laws prohibit the suppression of speech because it is unpopular or might provoke violent reactions,” he said. “Institutions of higher learning should serve as spaces to contest ideas, critique mainstream orthodoxies, and encourage dissenting voices.”

The protest encampment, which included a diverse group of students and faculty of various religious and ethnic backgrounds, was intended as a symbol of campus unity and democratic engagement.

“The encampment captured the ideals of campus life and the promise of an inclusive democracy,” said Benjamin Kersten, a plaintiff and graduate student in art history. “Our leaders should learn from their students instead of choosing to repress those fighting for justice.”

The plaintiffs are represented by the ACLU Foundation of Southern California and the law firm Walkup, Melodia, Kelly & Schoenberger. You can read the entire complaint here

UCLA responded with an emailed statement this afternoon, “We are aware of the legal action that was filed and are reviewing it. UCLA fully supports community members expressing their First Amendment rights in ways that do not violate the law or our policies, jeopardize community safety, or disrupt the functioning of the university. The encampment that arose on campus this Spring became a focal point for violence, a disruption to campus, and was in violation of the law. These conditions necessitated its removal.”

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