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Muslim Advocates, the ACLU of North Carolina, & Emancipate NC are taking UNC to court.

What happened?

Along with other student groups, unaffiliated students, and non-students, the UNC chapter of Students for Justice in Palestine set up an encampment on Friday, April 26, 2024, in solidarity with student protests for Palestine around the country.

The encampment did not block pathways and did not disrupt classes, rather, it provided an opportunity for participants to engage in informative teach-ins, diverse religious practices, and community building. The three demands from the organization were written in red and black on a banner attached to a tent. These demands say: “commit to transparency on UNC investment,” “divest from products supporting Israeli genocide and full academic boycott” and “work with students faculty and staff to ensure UNC complies.”

At around 5:30 a.m. on April 30, 2024, UNC administrators told some encampment participants that they had less than 30 minutes to disperse or face arrest. Law enforcement then forcibly cleared the encampment and violently arrested the students and non-students on site, kicking the cane out from under one visibly disabled protester, causing her to tear her rotator cuff. Arrested students were, without any form of due process, immediately suspended from classes and issued trespass bans from campus. Arrested non-students were charged with criminal trespass and, without any form of due process, immediately issued lifetime bans from campus.  

Why this lawsuit matters?

UNC’s actions violate the rights to free speech, due process, and the right to be free from excessive force by law enforcement. This crackdown is part of a broader trend of universities and law-enforcement agencies’ suppressing dissent, especially activism for Palestinian lives and liberation.

This suit follows delivery of a letter written by the ACLU of NC, Palestine Legal, Emancipate NC and the National Lawyers Guild urging UNC administrators to cease prosecution and disciplinary action against protesters.  We are asking the Court to declare that UNC’s actions are unconstitutional and order UNC to reinstate our plaintiffs’ access to campus. 

Statements by counsel on the case:

Reem Subei, Senior Staff Attorney for Muslim Advocates, issued the following statement: 

“UNC’s punitive response to the April 2024 encampment on its campus far outweighs its response to past protests involving other viewpoints. This is part of a national trend of state repression against the student movement for Palestine. Whether it’s through academic disciplinary action, arrest and criminalization, or deportation, universities and law-enforcement agencies are trying to silence speech for Palestinian lives and freedom. And this is coming at a cost not only to brave protesters but to everyone’s right to dissent against government harm. It contradicts the First Amendment and must be stopped.”  

Ivy Johnson, Staff Attorney for the ACLU of NC, issued the following statement: 

“The right to protest and speak freely is a fundamental pillar of our democracy and is especially important on university campuses, which often serve as social, cultural, and community gathering spaces for members of the public. Universities are and must be testing grounds for sharing, challenging, and defending the ideas that help shape a healthier democracy.   These actions by UNC administrators run counter to the missions of higher education and the deep-rooted protections of the First Amendment.”  

Jaelyn Miller, Staff Attorney for Emancipate NC, issued the following statement: 

“UNC’s actions are part of a larger trend in this country towards fascism and suppression of dissent. Despite Carrboro and Chapel Hill police emphatically rejecting UNC’s request, police departments all over the State, including as far away Boone, eagerly showed up to engage in violent, excessive force against individuals who were peaceful and committing no crime.”

You can review the lawsuit here.