Federal judge refuses to lift suspensions of ASU student arrested during anti-Israel protests

A federal judge denied a motion filed by 20 Arizona State University students seeking to have their suspensions lifted after they were arrested for trespassing during anti-Israel demonstrations on campus.

The students filed the lawsuit last week against the Arizona Board of Regents, claiming that ASU allegedly violated their First Amendment rights and retaliated against students who were involved in the protest.

The judge on Friday denied the students' motion for a preliminary injunction, or a temporary pause, to be given to halt their suspensions, according to a local ABC affiliate. The order did not mention the trespassing charges. 

"Getting a restraining order or preliminary injunction is a very high burden, very difficult to do so I wouldn’t say I’m surprised," said attorney David Chami, who is representing the 20 ASU students.

Chami also accused the school of using disproportionate force. "The actions that they used to arrest and the decision they made to suspend without having all of the evidence sets to be contrary to what we do in this country — innocent until proven guilty, right? In this case, the school decided to suspend even before they had all the evidence, all the facts," he said. 

Defense attorney David Gaona said that the First Amendment argument does not apply in this case, and that the students were disciplined for violating the school's anti-camping laws, according to Courthouse News. 

The suspension prevents the students from going on campus, speaking with their professors and enrolling in summer or fall classes. At least one senior will be unable to graduate.

About 250 protesters established an encampment on Arizona State University’s Tempe campus late last month, according to the Arizona Republic. Police subsequently arrested more than 70 people, at least 25 of whom were students, per protest organizers.

Their arrests and suspensions come following a wave of similar measures taken at universities across the country, with Columbia University in New York City being the most prominent example.

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