A judge for the US District Court for the District of Maryland blocked the University of Maryland, College Park (UMCP) on Tuesday from prohibiting a planned October 7 vigil commemorating those killed in the Israel-Gaza War.

A student organization, Students for Justice in Palestine (SJP), filed a lawsuit against UMCP after their request for the vigil on campus property was denied. Judge Peter Messitte granted the injunction on First Amendment grounds, writing: “Free speech as guaranteed by the First Amendment may be the most important law this country has. In many ways, all other basic freedoms — freedom of religion, of the press, of the right to assemble, and to petition the government — depend upon it.” The judge also cited federal case law designating the “College Park campus” as a “limited public forum.”

Messitte applied a three-pronged test to determine if UMCP’s prohibition on free speech passed strict scrutiny. First, the restriction needed to be content neutral. Second, the restriction needed to be narrowly tailored to advance a significant government interest. Third, the restriction needed to leave alternative channels of expression open.

After evaluating the three criteria, Messitte stated that prohibition of the vigil was not content neutral as UMCP considered possible statements by SLJ to be “highly objectionable.” Additionally, UMCP failed the second and third prongs by issuing a rejection that was not narrowly tailored and eliminated alternative channels of expression. The judge rejected UMCP’s security reasoning as a basis for the restriction. He quoted a case from another University of Maryland college stating that free “[s]peech cannot be…punished or banned, simply because it might offend a hostile mob.”

However, Messitte did recognize legitimate security concerns and potential damage to UMCP property. Accordingly, SJP was required to post a $2,500 bond for the injunction to take effect.

UMCP officials issued a statement that they “will abide by, the court’s decision, and will work with all registered student organizers of events requested for October 7.” University officials also stated that they will institute a “robust safety plan.” Maryland Governor Wes Moore wrote on X: “While I deeply respect the rule of law and due process, I think Oct. 7 is an inappropriate date for such an event.”

Colleges and universities in the US are experiencing increases in harassment of students and staff with Jewish and Islamic backgrounds. Student protests and counter-protests have been widespread since Hamas’s October 7 attack on Israel and have faced strong reactions by university and government officials.