A U.S. district judge has ruled in favor of a University of Texas at Austin student, allowing his free speech case to proceed after he was arrested during a pro-Palestinian protest last year.
Ammer Qaddumi filed a federal lawsuit on August 28, claiming that the university violated his First Amendment rights following his arrest during an April 2024 protest on campus. As a result of the incident, Qaddumi was suspended from the university for three semesters, preventing him from accessing the campus and completing his academic work.
U.S. District Judge Robert Pitman dismissed the case against former President Jay Hartzell and Vice President and former Provost Sharon Wood, both named as defendants, but ruled that the case could continue against interim President James E. Davis.
In his ruling, Judge Pitman noted, ‘Qaddumi alleges he was suspended at least in part because of the prior actions of a student group of which he is not a member but only shares similar views. Overall, Qaddumi’s allegations suffice to create a plausible inference that retaliation for his protected speech and viewpoint discrimination caused his suspension in violation of the First Amendment.’
Judge Pitman also allowed Qaddumi to pursue efforts to have the university lift the suspension and clear it from his record.
UT officials did not immediately respond to requests for comment following the ruling.
The details of Qaddumi’s lawsuit reveal that on April 23, 2024, the Palestine Solidarity Committee, a student group at UT-Austin, organized a protest against the university’s investments in companies that support Israel, in light of the ongoing Israel-Hamas conflict.
The university sent an email that night to the leaders of the student group, stating that they would not be permitted to hold the protest. University staff reinforced this message the following day when Qaddumi arrived on campus.
As students gathered for the protest, police instructed the crowd to disperse and sought a student mediator to convey this message. Qaddumi volunteered for this role, but when he attempted to encourage students to leave, he was arrested by UT-Austin police.
Subsequently, Qaddumi received a notice from the university claiming he had violated university policy due to his participation in the protest. He disputed the accusations, arguing that the university had misattributed social media posts from another student group to him, but his defense was rejected.
Qaddumi’s lawsuit asserts that the university’s preemptive attempt to cancel the protest infringed upon students’ First Amendment rights. He contends that the disciplinary actions taken against him were retaliation for his beliefs.
A spokesperson for the university, Mike Rosen, indicated that their response to the lawsuit would be articulated in court filings, but they made no further comment.
The ongoing legal matter is part of broader unrest at UT-Austin, where several protests led to a crackdown by university administrators and police. The protests resulted in the arrests of 130 individuals on charges of criminal trespass, though the Travis County District Attorney’s Office has since dropped all charges against those arrested.
In the aftermath of the protests, the university imposed disciplinary actions on numerous students, including probation and suspensions. While UT-Austin has defended its actions, it faces criticism from faculty members who allege that administrators mishandled the situations that arose during the protests.
Furthermore, the Texas Legislature has responded to the protests with new bills that could limit protest activities on campus. One such measure, Senate Bill 2972, would prohibit the use of microphones and other amplification devices during class hours if they are deemed intimidating or disruptive. It would also ban protesters from wearing disguises, erecting tents, and requires individuals to identify themselves upon request by university officials or police.
This bill is awaiting Governor Greg Abbott’s approval, who has until June 22 to veto it or allow it to take effect.
In a related legislative action, Abbott has already signed Senate Bill 326, which mandates that educational institutions adhere to the working definition of antisemitism put forth by the International Holocaust Remembrance Alliance when considering disciplinary actions against students. Free speech advocates argue that this definition conflates criticism of the Israeli government with antisemitism, raising concerns about potential suppression of free expression on campus.
The Texas Tribune collaborates with Open Campus on higher education reporting.
As a final note, the University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit news organization. However, financial supporters have no influence over the journalistic process or editorial decisions made by the Tribune.
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