The University of Missouri’s Homecoming parade is next weekend, and for the second year in a row, the Mizzou Students for Justice in Palestine are at risk of being left out.
The student-led group argued in federal court in Kansas City Tuesday that the university — specifically President Mun Choi — is violating the First Amendment by barring them from participating in the annual event for the second year in a row, because of their views on Israel and Palestine.
Tuesday’s hearing is part of a federal lawsuit in the Western District of Missouri that the Council on American-Islamic Relations, a national Muslim civil rights group, filed last month on behalf of Mizzou Students for Justice in Palestine (MSJP).
University of Missouri System President Mun Choi is the sole defendant in the case. The lawsuit also claims that Choi violated students’ First Amendment rights last year when he denied the Palestinian student group from participating in the 2024 Homecoming parade, arguing he did so on the basis of their views on Israel and Palestine.
The University of Missouri established new rules this year for organizations participating in the Homecoming parade. Its new policy states that the parade “is not an open forum for expression on topics identified by participants, but rather is limited to expression on topics identified by the University.”
The new rules also require student groups to adhere to an established theme, which this year is “celebrating black and gold.”
Gadeir Abbas, Deputy Litigation Director at CAIR National and one of MSJP’s attorneys, said the university is excluding MSJP again this year, “not because of what they will say, but because of what they have said.”
Ahmad Kaki, staff attorney with CAIR National and another attorney on the case, said even though Mizzou added new rules for student groups participating in the homecoming parade, it still doesn’t justify the university’s exclusion of MSJP.
“They're the only student organization that has been denied for any reason at all, whether that's because of the policy or because of security concerns,” he said. “The fact that they're the only student organization that's been denied is evidence that they are being targeted for their viewpoints.”
Safety concerns from Mizzou
Choi, who testified in court on Tuesday, said he denied MSJP’s application for this year’s homecoming parade primarily for “safety concerns,” and because the group’s application did not fit the parade theme.
Choi’s legal team argued the First Amendment does not apply to the university’s actions in this case, and that Choi had legitimate safety concerns to deny MSJP.
Choi cited “concerning actions” from other Students for Justice in Palestine university groups across the country that resulted in disciplinary action, violence and property damage. He also cited two incidents involving the former president of MSJP and current Mizzou student, Isleen Atallah, that factored into his decision.
In an incident from last October, a student complained about an interaction with Atallah, but no formal complaint was filed, according to her testimony. In an incident from March, another student was verbally harassing Atallah about Palestine, she testified. Atallah then videotaped herself following the student for a few minutes, demanding that he repeat his statements. That incident resulted in disciplinary action that includes probation for Atallah until she graduates at the end of this year.
“Safety concerns are paramount in my mind,” Choi said. “My job is to operate the university in the safest manner possible.”
Atallah said the way the October incident was characterized by the defendants was inaccurate.
“It is very easy to assume that someone is a threat without actually providing any sort of evidence, especially if that person shares a different viewpoint than you,” she said. “I'm very confident in my character and the way that I present myself. And I do believe that Palestinians, whether here in Missouri or in Palestine or anywhere in the diaspora, have a right to speak up on the Israeli atrocities, occupation and aggression that we've been living under for decades, and Mizzou certainly is not going to be the force to stop us from doing that.”
Atallah is no longer president of MSJP and will not attend this year’s homecoming parade.
Attorneys for MSJP argued that even under the new university rules, any restrictions on speech have to be narrowly tailored.
Events from last year
MSJP is seeking damages and for the court to rule that their exclusion from last year’s homecoming parade also violated their First Amendment rights.
According to the lawsuit, the Mizzou Alumni Association approved the application from Students for Justice in Palestine to participate in the homecoming parade. It would have been the group’s first time at the beloved university event.
MSJP plans for the parade included performing the Dabke, a traditional Palestinian dance, handing out Palestinian treats, and holding two banners that read, “Ceasefire Now” and “Stop the genocide.”
In a meeting between MSJP and university officials ahead of the parade, officials told members to not display the “Stop the genocide” banner and said “Ceasefire Now” was “a less inflammatory way to express their message,” according to the lawsuit.
MSJP members said they would not change their banners. A university official told the group that its homecoming application would be subject to a “unique review process,” the lawsuit states. Attorneys argued that MSJP was treated differently from other student groups because of its views.
“It was the only parade applicant subjected to this level of scrutiny over its application and the only applicant whose application would be personally vetted by Chancellor Choi,” the lawsuit states.
On Oct. 16, 2024, Choi emailed the group to deny their participation in the homecoming parade. Choi said in the email that it was his decision, and it came after reviewing other Students for Justice in Palestine events around the country. The lawsuit says Choi did not have any specific information that MSJP posed a safety risk for the homecoming parade.
While MSJP was denied from the event, the lawsuit says other groups and organizations displayed political messages, including a fraternity and sorority with a “Make America Great Again” flag.
The lawsuit alleges Choi prohibited other student groups from displaying the Palestinian flag without also including the Israeli flag.
“At every turn of the Homecoming Parade, Chancellor Choi sought to suppress pro-Palestine speech,” the lawsuit states.
MSJP attorney Ahmad Kaki said the outcome of the case could have far-reaching implications for pro-Palestinian advocacy across the U.S.
“If the court decides in our favor, that sets a precedent that you can try to create whatever concerns you want to out of thin air about security or something like that,” Kaki said. “But when it's about the viewpoint, it's going to become clear that it's about their viewpoint, and you can't make up excuses to get them to think it was something else.”
Hearings on the case are expected to continue this week.
