A Hampshire Superior Court judge has ruled that UMass Amherst likely violated the First Amendment rights of a student suspended for a year following a protest. The judge has ordered the university to lift the suspension and allow the student to return to campus while his lawsuit proceeds.
Protest and Suspension
The case centers on Kivlighan de Montebello, a third-year student who helped organize a protest by Students for Justice in Palestine last fall. The protest targeted Raytheon’s participation in a career fair hosted by the Isenberg School of Management in the Campus Center.
University officials determined that Montebello violated three policies within the Code of Student Conduct – creating a disturbance, disruptive behavior and failure to comply – during the protest. Considering prior conduct violations, the school imposed a suspension lasting until December 31, 2026.
Judge’s Ruling
Justice Jeffrey Trapani ruled in favor of Montebello, stating that he had met the standard for a preliminary injunction regarding his claim of a First Amendment violation. The judge granted Montebello’s request for a temporary restraining order and preliminary injunction.
According to the ruling, Associate Vice Chancellor Jeff Hescock noted that “there were no disruptions inside the Campus Center auditorium, and the event proceeded as planned.” The judge found this assessment helpful to Montebello’s case, stating that the protesters’ chants being audible at the career fair did “not describe a substantial disruption of that event.”
Free Speech Implications
Urszula Masny-Latos, executive director of the National Lawyers Guild-Mass Chapter, called the ruling “a huge victory for student free speech,” adding that the court affirmed that universities “cannot suspend a student for exercising his constitutional right to peaceful protest.”
The protest involved Montebello using a bullhorn for a call-and-response with other protesters. University officials requested he refrain from using amplified sound inside the building. While protesters initially continued chanting after moving to a designated area, they ultimately stopped when asked by university staff.
What’s Next
UMass Amherst has stated it respects the outcome of the judicial process but will not comment on the active litigation. This proves possible the university may choose to appeal the judge’s decision. The lawsuit will likely proceed, potentially leading to a further examination of the university’s policies regarding student protests and free speech. The case could similarly influence how other universities in Massachusetts, and potentially beyond, address similar situations in the future.
Frequently Asked Questions
What prompted the student’s suspension?
Kivlighan de Montebello was suspended for violating three policies in the UMass Amherst Code of Student Conduct: creating a disturbance, disruptive behavior, and failure to comply, during a protest against Raytheon’s participation in a career fair.
What did the judge specifically order UMass Amherst to do?
The judge ordered UMass Amherst to terminate Montebello’s suspension and allow him to return to campus while his lawsuit is ongoing. The university is also prohibited from dismissing him, preventing him from fulfilling academic requirements, or further sanctioning him.
What was the university’s response to the judge’s ruling?
A UMass Amherst spokesperson stated that the university respects the outcome of the judicial process but will not comment on the active litigation.
How will this ruling affect future student protests on college campuses?
