The Council on American-Islamic Relations (CAIR), today welcomes a ruling from a federal court in Texas allowing the civil rights group’s lawsuit challenging the application of Governor Greg Abbott’s executive order punishing criticism of Israel on college campuses. In a major win for anti-genocide protestors across the country, the court also held that government rules generally forbidding students from criticizing Israel are unconstitutional.
CAIR filed the lawsuit in May on behalf of Students for Justice in Palestine at the University of Houston, Students for Justice in Palestine at the University of Texas at Dallas, the Palestine Solidarity Committee at the University of Texas, and the Democratic Socialists of America after Texas Governor Greg Abbott signed Executive GA-44. GA-44 directs universities to incorporate rules where students would be punished for criticizing Israel.
Students for Justice in Palestine at the University of Houston, Students for Justice in Palestine at the University of Texas at Dallas, the Palestine Solidarity Committee at the University of Texas, and the Democratic Socialists of America filed this lawsuit in May after Texas Governor Greg Abbott signed Executive GA-44. GA-44 directs universities to incorporate rules where students would be punished for criticizing Israel.
The court denied Texas and the Defendant Universities’ motion to dismiss in large part, allowing the students’ substantive claims to move forward. In holding that the students “are likely to succeed on their claim,” the court found that “GA-44-compliant university policies impose impermissible viewpoint discrimination that chills speech in violation of the First Amendment.”
“The court’s ruling confirms what we already knew,” said Gadeir Abbas, National Deputy Litigation Director at CAIR. “The government cannot make special rules insulating Israel from criticism, and pretending those rules are about antisemitism does not save them from constitutional scrutiny.”
“Governor Abbott is once again playing games with the First Amendment in order to attack Texas students. Once again, a judge has had to explain that it will not end well for him,” said Justin Sadowsky, Senior Trial Attorney at CAIR.
“We look forward to securing relief for these students and ensuring these Israel-special rules are eliminated,” said Ahmad Kaki, Legal Fellow at CAIR. “As Israel continues to destroy Gaza and Lebanon without consequences, it’s crucial that anti-genocide voices are protected.”