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.
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