ADC Urges Fifth Circuit to Allow UT Austin First Amendment Retaliation Case to Proceed

FOR IMMEDIATE RELEASE

August 18, 2026

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Washington, D.C. | The American-Arab Anti-Discrimination Committee (ADC), alongside co-counsel, filed a brief with the U.S. Court of Appeals for the Fifth Circuit urging the court to reject an attempt by University of Texas at Austin officials to end a First Amendment retaliation lawsuit brought by four current and former students disciplined for participating in an April 2024 Palestine solidarity protest.

The brief, filed on behalf of Arwyn Heilrayne, Citlali Soto-Ferate, Iliana Medrano and Mia Cisco, asks the Fifth Circuit to affirm the district court’s decision allowing their First Amendment retaliation claim against UT Austin President James Davis and UT System Board of Regents Chairman Kevin Eltife to proceed. Davis and Eltife argue the claim should be dismissed on standing and sovereign immunity grounds. The district court rejected those arguments and held that the students could continue pursuing their First Amendment retaliation claim. 

ADC President and Legal Director Jenin Younes said, “What is most alarming here is the use of disproportionate punishment to make an example out of students for constitutionally protected political activity. Contrary to the government’s claims, a disciplinary sanction does not disappear when a student graduates. It can follow a student into graduate school, employment and other future opportunities, sending a clear message to all students  that speaking out against Israel’s war crimes may come with lasting consequences.”

Younes added, “This case challenges the idea that  universities and government officials can wield that threat to intimidate students into silence. Students have driven some of the most consequential civil rights and social movements in American history. Universities should not be allowed to turn disciplinary systems into tools for suppressing that tradition of dissent simply because the speech concerns Palestine.”

The case stems from an April 24, 2024 Palestine solidarity protest at UT Austin. The four plaintiffs were arrested during the demonstration, but the local district attorney later dropped all charges against them. UT Austin nevertheless pursued disciplinary proceedings, charging the students with “Failure to Comply” and “Disruptive Conduct,” resulting in deferred suspensions for three plaintiffs and academic probation for the fourth.

In their brief, the plaintiffs argue that the disciplinary sanctions have continuing effects, even after graduation, and thus they should still be able to bring their claims.

Davis and Eltife appealed the court’s January ruling declining to dismiss the First Amendment retaliation claim against them.

ADC Staff Attorney Malak Afaneh said, “What concerns me most about this case is the message these punishments send to every other student watching. You do not have to formally ban speech to suppress it. If students know that protesting can leave them with a disciplinary record that follows them into graduate school or their careers, many will understandably think twice before speaking at all.”

Afaneh continued, “That is why this case matters beyond these four students. Universities have always been places where young people challenge institutions, question those in power, and organize around the defining political issues of their time. The First Amendment means very little if universities can respond to that dissent by imposing consequences serious enough to make the next student decide that speaking up simply is not worth the risk.”

ADC will continue challenging efforts by government and public universities to use disciplinary systems to suppress constitutionally protected student speech. The First Amendment protects student speech even when it is controversial or politically unpopular. Students should not have to choose between exercising their constitutional rights and protecting their academic and professional futures.

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About ADC

The American-Arab Anti-Discrimination Committee (ADC) is the largest Arab American grassroots organization in the United States, founded in 1980 by former Senator James Abourezk.  ADC’s mission is to defend and promote the human rights, civil rights, and liberties of at least 3.7 million Arab Americans residing in the United States. Through its work, ADC fights discrimination, enhances public understanding of Arab history and culture, and partners with marginalized communities globally to advance social justice.