CHAPEL HILL, N.C. - A federal district court judge granted a motion for a preliminary injunction on Wednesday in a case where protesters were issued indefinite bans from UNC Chapel Hill’s campus after participating in an encampment in spring 2024. Because of this decision, the bans have been lifted and the protesters may now return to campus.
On April 26, 2024, UNC students and other members of the community established an encampment to express their opposition to what they view as an ongoing genocide against Palestinians in Gaza. UNC administrators ordered law enforcement to forcibly clear the encampment and protestors were violently arrested. Several of these individuals were immediately issued indefinite bans from campus with no hearing.
The ACLU of North Carolina, Emancipate NC, and Muslim Advocates filed a lawsuit alleging that UNC’s actions violate the First Amendment right to free speech, the Fourteenth Amendment right to due process, and the Fourth Amendment rights to be free from unlawful arrest and excessive force by law enforcement. The plaintiffs filed a motion for preliminary injunction seeking to lift the campus bans while the case moves through the courts.
The court granted the motion for a preliminary injunction, ruling that the bans are likely viewpoint discrimination in violation of the First Amendment. The opinion further explains that the bans are unreasonable due to their indefinite nature, the lack of standards governing whether the bans can be lifted, and the limited evidence against the Plaintiffs.
Ivy Johnson, Staff Attorney for the ACLU of NC, issued the following statement:
“This ruling serves as a reminder to public universities that they are not immune from First Amendment scrutiny. Universities play a unique role in nurturing the expansive freedoms of speech, thought, and expression enshrined in our Constitution. Protecting free speech on public campuses is critical to prevent the stifling of political dissent on a broader scale.”
Jaelyn Miller, Staff Attorney for Emancipate NC, issued the following statement:
“The Court’s ruling marks a significant victory for free speech at a time when First Amendment rights are increasingly under siege. While no decision can fully remedy the harm UNC caused these Plaintiffs, the ruling leaves no doubt that universities cannot engage in viewpoint discrimination.”
Reem Subei, Senior Staff Attorney for Muslim Advocates, issued the following statement:
“Speech in opposition to the genocide in Gaza is entitled to the full protections of the law, and should never have been silenced. From day one, our clients, and the broader community advocating for Palestinian lives have raised the alarm about unlawful viewpoint discrimination. This decision affirms that such discrimination was likely taking place.”
You can view the judge's orders below.
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