Federal Judge Denies University's Summary Judgment Motion in UT Austin Protest Suspension Lawsuit

# Texas Judge Denies Summary Judgment in University Protest Suspension Case Judge Robert Pitman of the Western District of Texas issued a decision in the case Qaddumi v. Davis on April 14, 2026. The decision denies summary judgment on the issues.

Qaddumi challenges his suspension in the case. The court assumed that the Tinker substantial disruption standard applies to viewpoint-based restrictions at universities. Speech may be a substantial and material disruption if it is likely to incite or produce imminent lawless action, including violations of reasonable university rules or substantial interference to others' education.

Inciting others to protest in violation of a directive not to conduct a protest, without violation of another university policy, would not constitute inciting others to violate a reasonable university rule.

Background on the April 2024 Protest Cancellation The University of Texas ordered the April 2024 protest cancelled.

The cancellation was based on PSC's messaging on social media. The cancellation was based specifically because PSC's messaging aligned with that of SJP, a national pro-Palestine group. Students not from PSC were not restricted from protesting at the same time and in the same place and manner on April 24, 2024.

UT Dean of Students Katie McGee testified that the decision to cancel the protest was based on anticipated violations of university rules and safety considerations. PSC's messaging on social media said that we will take back our university and force our administration to divest, in the footsteps of SJP chapters at other universities.

University Actions and Comparisons to Other Protests UT officials have not preemptively canceled similar protests sharing other viewpoints.

UT has not made mass arrests of students or barred students from campus based on demonstrations similar in time, place, and manner. Hartzell testified that he did not think he had preemptively cancelled any other protest. Qaddumi is one of very few UT Austin students who have ever been barred from campus for demonstration activity.

Black Lives Matter protests occurred on UT's campus in 2014. Protests of programming featuring Henry Kissinger occurred on UT's campus in 2016.

Perspectives from PSC and University Officials PSC students announced plans to occupy campus in violation of Institutional Rules.

PSC adopted tactics from a national organization intended to disrupt university operations. PSC reposted SJP's campaign on its own Instagram account. SJP had declared an intent to disrupt the university's operations on other campuses.

PSC's messaging about its plans for April 24, 2024 conveyed an intent to host a peaceful protest in compliance with UT rules. The Court finds that a reasonable factfinder could conclude that substantial or material disruption of campus operations was not foreseeable to UT at the time it issued the directive to cancel the April 24, 2024 protest.