[Editor's note: This article first appeared at the Boulder Reporting Lab.]
A University of Colorado Boulder student and an employee filed a lawsuit in the U.S. District Court on Jan. 10, alleging the university violated their free speech rights following a protest related to the war in Gaza.
Sophomore Mari Rosenfeld and recent graduate Max Inman, the plaintiffs, claim CU Boulder retaliated against them for participating in an Oct. 3 protest organized by Students for Justice in Palestine (SJP) during a career fair at the University Memorial Center.
The lawsuit follows several other legal challenges against universities nationwide over restrictions on student protests over the Israel-Hamas war. These cases often underscore a tension universities face in balancing the protection of free speech with maintaining campus order.
According to the complaint, Rosenfeld and Inman sought to oppose U.S. support for Israel and the involvement of corporations allegedly linked to the war. Inman entered the University Memorial Center’s Glenn Miller Ballroom, where the career fair was held, and used a bullhorn to claim that corporations attending the job fair were profiting from the war. A police officer then directed the protesters to leave and they left, according to the lawsuit.
The next day, the university issued an “interim exclusion” order barring Rosenfeld and Inman from attending certain university activities — except for classes — and placed SJP in “bad standing,” effectively revoking its status as a recognized student organization, according to the lawsuit. The plaintiffs argue these actions violated their First and Fourteenth Amendment rights, as well as a state law protecting student protests.
“Plaintiffs are being singled out based on their viewpoint and the content of their speech by Defendant University of Colorado Boulder and its administration in an effort to stifle further demonstrations,” the lawsuit states.
Rosenfeld and Inman allege the punishment also prevented them from working the on-campus portions of their jobs. They are seeking monetary damages and a court order to prohibit the university from barring future pro-Palestinian protests at the UMC. They are also seeking an order to remove disciplinary notations related to the protest from their student records.
The lawsuit names the University of Colorado and CU Boulder’s chancellor, Justin Schwartz, dean of students, Devin Cramer, and deputy dean of students, Holly Nelson. The university has not yet been served the lawsuit, according to a spokesperson. The spokesperson said the campus would review the filing and determine its response but declined to comment further.
The case reflects a broader national trend of universities cracking down on student activism related to the Israel-Hamas war. During the peak in the spring and summer 2024, universities imposed stricter rules, issued suspensions and called in police to arrest students — though many charges were later dropped. While some campuses have seen large-scale protests, CU Boulder has not experienced such encampments.
“Banning students from campus to prevent them
from speaking out about an unjust war cannot go unchallenged,” Dan
Williams, a lawyer with the local civil rights firm Hutchinson Black and
Cook who is representing the plaintiffs. “I’m pleased to be fighting
for the rights of these students to have their voices heard.”
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