A federal judge just dismissed the Trump administration’s lawsuit against pro-Palestine protesters in New Jersey, in a major First Amendment win after the DOJ claimed a 2024 social media post calling to protest an illegal land sale at a West Orange synagogue amounted to a threat against Jewish worship. The Partnership for Civil Justice Fund called it a vindictive prosecution and viewpoint discrimination, citing the DOJ’s stated aim to “dismantle” the movement. Carl Messineo, co-founder and legal director of the PCJF and its Center for Protest Law and Litigation, joins Rania Khalek and Zoe Alexandra to break down the historic First Amendment victory for PSL New Jersey. They dig into the 1994 FACE Act meant to protect abortion clinic access and the East Jerusalem land sale at the center of the case. Messineo explains what this win means for the Trump administration’s lawfare against pro-Palestinian dissent – and why he says the tide is turning:
“[This] offers protection, safe harbor, and reassurance to all the groups being threatened … that fighting back, legally and politically, is effective.”
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Rough transcript follows:
[Host:]
Last Wednesday, a federal judge in New Jersey dismissed a civil lawsuit the Trump administration’s Department of Justice had brought against pro-Palestine protesters under the FACE Act, a law passed in 1994 actually to protect access to reproductive health clinics. The suit, which was led by Assistant Attorney General Harmeet Dhillon of the Civil Rights Division, named the Party for Socialism and Liberation New Jersey and American Muslims for Palestine New Jersey, among others.
The accusations against PSL New Jersey in this case were that there was a social media post calling for a protest at a public intersection. The protest in question in this lawsuit was against a land sale where stolen Palestinian land in East Jerusalem was being sold to people living in the United States to encourage further settlement, occupation, and ethnic cleansing of Palestinians from their lands. Such events have been strategically held at synagogues in order to create a spectacle where pro-Palestine protesters are outside synagogues, so the accusations of antisemitism just flourish with those photos.
But in this ruling, the DOJ argued that the post amounted to a threat against and interference with Jewish worship. The court disagreed, finding that the post in question was protected speech—a call to assemble and engage in political advocacy in a public forum. The Partnership for Civil Justice Fund, which represented PSL New Jersey in the case, argued that the lawsuit was vindictive prosecution and viewpoint discrimination, pointing to Dhillon’s public statement that the DOJ aims to dismantle groups behind such protests.
To talk about what the ruling means and what comes next, we’re joined by Carl Messineo, co-founder and legal director of the PCJF and its project, the Center for Protest Law and Litigation. Carl, thank you so much for joining us here at BT Live.
[Carl Messineo:]
It’s my pleasure to be here, and you guys do terrific work reporting on critical issues.
[Host:]
Oh, thank you so much for saying that. Well, crucially, in this ruling, which many are calling a victory for free speech, the court found that the social media post in question was protected political speech and not a threat, as the DOJ sought to argue. Can you walk us through the significance of this ruling, and on the other hand, what a ruling against the protest groups would have meant for free speech?
[Carl Messineo:]
Well, we can talk about what the ruling, had it gone the other way, would have meant for protest groups. First, Judge Hayden described in her opinion that allowing this civil prosecution to continue on the terms that it was advanced would effectively demonize protesters who were simply engaged in their First Amendment rights to have free speech on an issue of public importance. It would dramatically undermine the ability of people to organize and peacefully assemble on issues that are critical.
And there are few issues more critical than the subject matter of this protest. The subject matter of this protest was a land sale that was really strategically placed at a synagogue, and the land sale itself was selling Palestinian land in the occupied territories in East Jerusalem in clear violation of international law. Every major human rights or international law organization that has looked at this issue concludes that this plainly constitutes a form of war crime—having an occupying force, the state of Israel, transferring its civilians onto stolen land.
And here that’s very strategic, because the establishment of these settlements would create a barrier for the free movement of Palestinians going from East Jerusalem over to Bethlehem. It’s an absolutely horrible division of land that is not theirs to sell. And indeed, the racism of this practice is inherent. The real estate developer in their advertising materials boasts that they will be bringing a new Anglo community to East Jerusalem to take over this Palestinian land. That’s the language that they themselves use, so no one has to resort to inference as to whether this is racism. It is on its face.
[Host:]
You spoke, Carl, about the illegal land sales, right? And these land sales you said are held in religious institutions. They’re held sometimes in synagogues, which has an impact, of course, in terms of optics, but also legally, like we saw in this case. So can you talk about the legality of shielding these illegal land sales in religious institutions? Because these settlements are actually illegal under international law. So why aren’t these land sales being prosecuted?
[Carl Messineo:]
Well, absolutely, you’re correct. I mean, the Trump administration is using every means to engage in a form of lawfare, which I would say is ideological warfare, using abuse of legal process in order to shut down dissent and to promote what is clearly unlawful, illegal, and a war crime: the sale of Palestinian lands to Anglo investors here in the United States.
[Host:]
Well, in its argument, the PCJF said that this was vindictive prosecution, and it cited Harmeet Dhillon’s statement about dismantling groups like the PSL and others who are part of the movement for Palestine. We just had a really great segment speaking about this movement that’s made tremendous gains and challenged not only Donald Trump, but really has transformed the political scene in the United States. But as the PCJF mentioned, the court did not rule on the claim about this being a vindictive prosecution. So how does the PCJF intend to bring this claim forward in the future? Is there a worry that Dhillon will make good on this threat and continue challenging in such cases? What is the future of that element?
[Carl Messineo:]
Well, the ideological motivations of the Trump administration and Dhillon are clear. It’s overt. When Dhillon says that the Trump administration is going to use a law that was intended to protect medical facilities and also Black churches from the use of force and violence to target and dismantle—and that’s the language that Dhillon uses—to dismantle groups like the PSL New Jersey as well as other groups that engage in protest on a range of important issues. Now, that is plainly unconstitutional and clearly falls under the legal framework of a vindictive prosecution. That is the abuse of legal process in order to shut down a particular disfavored viewpoint.
Look at what has transformed in terms of political and cultural understanding over the past number of years. It’s groups that are engaged in this type of protest that have actually been at the forefront of a tremendous change in understanding across all segments of society about how intolerable this genocidal warfare and also the ethnic cleansing that this land transfer and land theft constitutes. So naturally, what does the Trump administration intend to do? Well, it intends to go and abusively use legal process to try and shut down groups that are having a significant political impact across consciousness.
And what does it mean for the Partnership for Civil Justice Fund? What does it mean for those who are protesting peacefully? Well, we’re all going to continue. The PCJF will continue to be a legal bulwark against this. But most importantly, it’s folks like them, folks from a multitude of organizations that are really changing the tide here. It’s not going to stop that.
[Host:]
And you know, Carl, this case came after a DOJ memo saying FACE Act cases against anti-abortion activists would be brought only in extraordinary circumstances. So what does this ruling signal to other organizations facing similar suits? And do you think it’ll deter the government from using the law this way?
[Carl Messineo:]
Deter this government? Well, I can’t say it’s going to deter them, but what I can say is that it offers protection, safe harbor, and reassurance to all the groups that are being threatened verbally and through abusive legal process that actually fighting back legally and fighting back politically are effective. And there are organizations such as ours and other great civil rights practitioners across the country who come forward and are willing to dedicate their time to help clear the way so that people can engage in peaceful protest and assembly on these critical issues. So I think that this is actually very heartening, and it sends a message of strength and support for those who are engaging in this.
[Host:]
It’s crucially important, and I think that’s why so many people have called this ruling a victory for free speech for the Palestine movement, which did face so much repression of different forms. So Carl, we thank you so much for joining us, and I’m sure that all of the protesters and movements thank the work of the PCJF for defending everyone’s right to free speech, because actually it’s not just the activists who will benefit from this ruling—it’s really everyone who values their right to free speech.
[Carl Messineo:]
That’s right. Thank you so very much for your kind words and for dedicating the time to have this issue here.
The Cradle | October 6, 2026
France greenlit 35 military sales to Israel between May and September 2026, according to a joint investigation by the Palestinian Youth Movement and the French collective Urgence Palestine, with all shipments bound for subsidiaries of lead Israeli arms maker Elbit Systems.
The report states that suppliers based in five French regions manufactured the equipment, which includes cooling units used in tanks and missile launchers, visors fitted to the helmets of helicopter and fighter jet pilots, surveillance systems, and assorted electronics.
French arms firm Thales built and shipped control panels used to fire weapons remotely, a technology that rights groups and Gaza-based journalists have repeatedly reported Israel using to shoot civilians in their tents and on the streets, children among them.
Of the 35 shipments, 33 left from Paris’s Charles de Gaulle Airport, 32 of them aboard Israel’s national carrier El Al.
French Defense Minister Catherine Vautrin told parliament last week that France supplies no offensive weapons to Israel, repeating the government’s position that such sales ended in 2024.
Thomas Nayla, a lawyer with Urgence Palestine, dismissed that distinction, telling Middle East Eye that, given items such as tank cooling units and pilot visors, “there is no way these can be considered defensive.”
The new findings follow an April report by the same two groups, which counted more than 525 shipments of French military-use equipment to Israel between October 2023 and March 2026, arming the Israeli military throughout the genocide in Gaza.
The French shipments are part of a broader pattern in which European governments and companies continued to supply Israel with military and dual-use equipment throughout the Gaza genocide, even as several governments publicly criticized Israeli apartheid and war crimes, and announced partial or symbolic restrictions.
Germany, Israel’s largest European arms supplier, approved more than $930 million in export licenses to Israel in the first five months of 2026 alone, according to Germany’s news magazine Der Spiegel, citing Economy Ministry data
Britain, meanwhile, has touted its suspension of some export licenses while keeping F-35 components largely exempt, and has still approved at least $236 million in fixed-value military export licenses to Israel since October 2023, according to Campaign Against Arms Trade, a figure that excludes the open licenses covering much of its F-35 contribution.
Elbit Systems, which supplies roughly 85 percent of Israel’s drones and ground-based equipment, has been central to the Israeli military’s relentless onslaught across West Asia.
The arms company’s Hermes drones provided near-total aerial surveillance and target selection for attacks, and its AI-enabled Tzayad system identified more than 800,000 “targets” across Gaza and Lebanon in two years by the company’s own account.
The firm posted record profits throughout the genocide, boasting that its Tzayad system had flagged “up to or over half” of Gaza’s civilian population and infrastructure as targets while marketing its Gaza-used weapons to buyers as “battle-tested” to command a higher premium.
Every day, children are killed in Israel’s genocidal war on Gaza. Where are the outraged headlines?
The number of children killed in Gaza since Israel started its onslaught, following the Hamas attack on 7 October, 2023, is estimated at more than 21,600.
The UN Children’s Fund (UNICEF) says that since the so-called Israel-Hamas ceasefire, an average of “at least” one child a day – 300 children over 300 days – has been killed in the enclave.
Children, toddlers, and babies are being killed in their homes, schools, hospitals, shelters, and on roads marked by displacement. They are also dying because the basic structures that should protect them – family, healthcare, education, food, water, and refuge – have been systematically destroyed.
Where are the urgent statements from EU and world leaders?
EU governments continue to authorise arms transfers to Israel despite rules which require governments to deny licences where there is a risk that military equipment will be used for serious violations of international humanitarian law.
Every EU member state is also bound by the UN Convention on the Rights of the Child and the EU’s own treaty, which requires the union to promote children’s rights.
Why are these international rules and domestic commitments not being applied to the children of Gaza?
The EU does care for children. In Ukraine, the EU treats children as individuals rather than statistics: it convenes coalitions, compiles names, traces families, imposes sanctions, creates mechanisms for return and makes the fate of children a central diplomatic demand.
In her State of the Union address last month, European Commission President Ursula von der Leyen – a proud mother and grandmother – introduced and praised the courage of Sasha, a six-year-old Ukrainian girl who lost a leg in a Russian missile strike in Ukraine but has now returned to her beloved gymnastics.
Von der Leyen quite rightly made the suffering of Ukrainian children intimate and personal. It is more than time she did the same for Palestinian children.
But let’s not only blame political leaders for their indifference, their lack of historical knowledge of Palestine’s occupation and their limited understanding of Palestinian calls for justice.
Parts of the legacy media must also own up to their responsibility in normalising the abhorrent.
Powerful mainstream media have preferred to “repeat Israeli propaganda and sometimes simply cut and paste IDF press releases” rather than accept the analysis of Palestinian journalists, writers and scholars, writes Bhakti Shringarpure.
Her criticism reflects a wider ongoing discussion on the sourcing and framing of Gaza coverage, with studies spotlighting how Western media has described Israeli suffering by using emotive language around 11 times more often than Palestinian suffering. References to Israel’s “right to defend itself” appear roughly five times as frequently as references to Palestinian rights.
Also, as the immediate shock of the bombardment recedes – but the killing continues – Gaza has dropped down the news cycle.
Assal Rad, author of “Don’t Say Palestine: How the Media Manufactured Consent for Genocide”, describes the logic: “The façade of a ceasefire has created the space to cover it less. In reality, the conditions on the ground for Palestinians in Gaza have not changed.”
It is also less politically costly for leaders and media to focus on settler violence and settlement in the occupied West Bank, since it can be described as the work of “extremists” rather than of the Israeli government.
Our lack of a strong reaction to what is happening is Gaza is also the story of how bystander societies can watch, absorb, and rationalise horrors – and move on.
Additionally, the killing of Palestinian children is preceded by their political “unchilding”, a process which Palestinian scholar Nadera Shalhoub-Kevorkian says begins before the missile falls, when Palestinian children are imagined not as children with futures but as demographic threats, future militants, or extensions of an armed group.
Their age, instead of guaranteeing greater protection, becomes entangled with suspicion.
Even amid such savage violence, some people are not giving up.
Their bosses may still look the other way, but EU Staff for Peace, which holds vigils in front of the European Commission and the EU Council every Thursday, has held gatherings to read out the names of children killed in Gaza, thereby according individuality to children whom the political and media systems have reduced to numbers.
As one EU staffer told me: “We only have a time slot of three hours and the last time we only managed to read out the names of children up to three years old. It took us one hour to read out the names of Palestinian babies under one-year old.”
Hind Rajab, who was five, was killed on 29 January 2024 by Israeli fire on the car in which she was trapped. Her body was found 12 days later alongside the bodies of members of her family and two paramedics who had gone to rescue her.
Israel has acknowledged firing on the car but has not admitted that her killing was unlawful, citing an ongoing investigation. In other words, there has been no accountability.
The obscenity is not only that Hind was killed, but that by now the killing of children in Gaza has become a familiar event.
The shame is that so many of us have constructed a hierarchy in which some children summon the world’s full moral and political force, while others are ignored.
Omar El Akkad, in his seminal book says that “One Day, Everyone Will Have Always Been Against This.” Given the cowardice on display over the last three years, I sometimes wonder if there will ever really be a true global moral reckoning.
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