Free Speech for Speakers in Support of Palestine

For many years, we have been particularly concerned about free speech violations that systemically suppress the expression of First Amendment rights by Black, Indigenous, and People of Color (BIPOC) in Maryland.

To that end, the ACLU of Maryland is monitoring and taking action to support individuals and organizations who experience First Amendment violations for speaking in support of the rights of Palestinians, against the violence in Gaza, and who criticize the actions and policies of the Israeli government and the U.S. government’s involvement in the crisis. We have particular concerns for students and civil servants who have been silenced and even punished.

The ACLU of Maryland and our national office have consistently challenged the false contention that speaking out against a country's governmental actions is the equivalent of hate speech against individuals and groups of people who are marginalized.

We are committed to centering race equity in our work, internally and externally, in order to better support and be accountable to BIPOC Marylanders, whose civil rights and civil liberties are systematically threatened by white supremacy.

Historically, the ACLU has sought to protect the public’s freedom of speech under the First Amendment to the U.S. Constitution, and here at the ACLU of Maryland we seek to reclaim the First Amendment as a tool to advance racial justice. Time and again over decades, we have seen that the most difficult First Amendment challenges are those involving systemic violations experienced by Black, Indigenous, and People of Color, who are subjected to routine, broad, and legally sanctioned infringements on their rights of speech, assembly and association.

Arab and Muslim students at River Hill High School have been censored by their school administration on multiple occasions over the last seven months, in violation of their First Amendment rights. The ACLU of Maryland, on behalf of students from River Hill High School, and their parents, sent a letter to the Howard County Public School System (HCPSS) to demand that the school system protect the First Amendment rights of Arab and Muslim students and work to repair the harm caused by their school administration.

School censorship of political speech and viewpoint discrimination are unconstitutional under the First Amendment. At a time of rampant Islamophobia, and anti-Palestinian rhetoric, HCPSS appears to be censoring only Arab, Middle Eastern, Muslim and South Asian (AMEMSA) speakers and other speakers in support of Palestine.

The letter makes clear that HCPSS must cease censoring student speech in support of Palestine in accordance with the First Amendment, and remedy the past harms done to these Arab and Muslim students and their families. The ACLU recommends that the schools take measures to protect AMEMSA students from Islamophobia, including taking suggestions from the students themselves. The students and their families also deserve an apology for the actions taken by the schools, and the disrespect exhibited towards them over the last seven months.

The ACLU of Maryland firmly supports CASA and their fundamental First Amendment right to issue statements of public concern in the public forum. It would be both wrong and unconstitutional for the Montgomery County Senate Delegation, or any government officials, to act on threats to punish CASA based on their protected political speech.

CASA was founded by people fleeing violence in Central America, and provides the Maryland immigrant community with basic services, jobs, health services, and English classes, and creates the possibility for immigrants to build the foundation for thriving in their community. CASA builds power for positive social change from the ground up, with an intentional focus on working class Black, Latino/a/e, Afro-descendent, and Indigenous communities. In its statement, CASA expressed solidarity with the people of Palestine, stating that they “strongly support[] the struggle for decolonization” and “condemn[] the outrageous attack by Hamas on Israel”, and “call for an immediate cease-fire to save all precious life”.

“The ACLU of Maryland commends and supports CAIR’s effort to protect the First Amendment rights of teachers in Montgomery County."

Nick Taichi Steiner, senior staff attorney with the ACLU of Maryland, issued a statement regarding the lawsuit filed by the Council on American-Islamic Relations (CAIR), El-Haggan et al v. Board of Education, Montgomery County.

In defense of their free speech rights, five Towson University (TU) students sent a letter on August 12, 2024, to the University challenging TU’s unwarranted and unconstitutional disciplinary action punishing the students’ small “die-in” demonstration in support of Palestinians killed by Israel in Gaza. Supported by the American Civil Liberties Union (ACLU) of Maryland, the students’ letter calls on TU officials to expunge the students’ records, and refrain from future violations of the First Amendment as the new school year approaches.

Dana Vickers Shelley, executive director at the ACLU of Maryland, testified in on Friday, February 16, 2024. She urged legislators to keep the Council on American-Islamic Relations (CAIR) on Maryland's Commission on Hate Crime Response and Prevention (HB 763).

“With Islamophobic violence increasing, and hostility to Pro-Palestinian speech growing, this is the worst time to shut out the organization advocating for the humanity and rights of Arab, Middle Eastern, Muslim, and South Asian Marylanders.

The State Commission on Hate Crime Response and Prevention needs the voice and expertise of the Council on American-Islamic Relations in its deliberations and decision-making.”

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Video Transcript:

00:00 – 00:28
Dana Vickers Shelley
Good afternoon Mr. Chairman and committee members. I'm Dana Vickers Shelley, Executive Director of the ACLU of Maryland. I'm speaking in addition to the testimony that we've submitted. We respectfully urge that unfavorable report on HB 763, unless it is amended, to keep the Council on American-Islamic Relations Maryland Office as a member of the Commission on Hate Crime Response and Prevention.

00:28 – 00:58
Dana Vickers Shelley
HB 763 is also a premature move when HB 748 is only proposed legislation, so there is no legally established criteria to justify this action. With Islamophobia and violence increasing and hostility to pro-Palestinian speech growing, this is the worst time to exclude the organization and leader advocating for the humanity and rights of Arab, Middle Eastern, Muslim and South Asian Marylanders.

00:58 – 01:33
Dana Vickers Shelley
Just last week, CAIR filed a lawsuit to defend the rights of Montgomery County teachers, to share their pro-Palestinian opinions without being punished for their views. The ACLU has consistently challenged the false contention that speaking out against governmental actions is the equivalent of hate speech against people and groups who are marginalized. The State Commission on Hate Crime Response and Prevention needs the voice and expertise of the Council on American-Islamic Relations Maryland Office and its leadership in its deliberations and decision making.

01:33 – 01:41
Dana Vickers Shelley
For the aforementioned reasons, I urge an unfavorable report on HB 763 unless it is amended. Thank you.

Starting in October 2023, high school administrators in the Howard County Public School System (HCPSS) engaged in a pattern of censorship against students who organized walkouts in opposition to the Gaza genocide. Notably, at River Hill High School, a student member of the Muslim Student Association (MSA) faced strict limitations when attempting to organize a walkout. The administration initially denied the walkout and later imposed stringent conditions, prohibiting the use of words such as “Palestine,” “Gaza,” “apartheid,” or “siege,” claiming these terms represented an anti-Israel political stance and were not “inclusive.”

Similarly, at Long Reach High School, a student testified before the Howard County Human Rights Commission in June, revealing that the school’s administration altered the terms of the walkout on the day of the event. They prohibited signs, chants, and restricted the number of speakers to one, also refusing to announce the walkout over the school P.A. system.

On June 4, 2024, the ACLU of Maryland filed a demand letter to HCPSS Superintendent William Barnes, citing the censorship at River Hill High School as a violation of students’ First Amendment rights.

On August 22, 2024, the ACLU of Maryland joined Howard County for a Free Palestine, Our Revolution Howard County, ACLU-MD, and CAIR-MD at a press conference at Howard County Public School System Central Office to to demand immediate action.

The American Civil Liberties Union, the ACLU of Maryland, the Foundation for Individual Rights and Expression, and the Knight First Amendment Institute at Columbia University filed an amicus brief last night in support of University of Maryland (UMD) Students for Justice in Palestine's lawsuit, which challenges the university’s ban on all student-led expressive events scheduled for Oct. 7. The free speech organizations argue that the university's ban is unconstitutional because the restriction singles out speech based on its message and fails to meet the high bar therefore required by the First Amendment to justify it.

“Imposing a blanket ban on student speech because of its message — and more precisely, because people find the students’ message controversial or provocative — completely undercuts the University of Maryland’s function as a place of learning, dialogue, and the robust exchange of ideas, and is a clear violation of students’ First Amendment rights,” said Nick Taichi Steiner at ACLU of Maryland. “The university should lift this ban and allow UMD Students for Justice in Palestine to hold their vigil.”

Here are the two best ways to contact us:

• Call our Civil Rights Complaint Line on Tuesdays and Thursdays from 1–3 p.m.: (443) 524-2558.
• Use our online intake form.