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Kivlighan de Montebello says the university punished him for a peaceful protest targeting defense contractor RTX.
Cars pass by UMass Amherst in September. Jessica Hill
A third-year student at the University of Massachusetts Amherst filed a lawsuit against the school on Tuesday, alleging that a one-year suspension for his role in organizing an on-campus protest violates his First Amendment rights to free speech.
UMass Amherst suspended junior Kivlighan de Montebello, of New York City, for one year following a Sept. 29 protest at the campus center, according to a report by The Boston Globe. The demonstration took place during a career fair and targeted the recruitment efforts of RTX, formerly Raytheon, an aerospace and defense contractor.
The company manufactures weapons and military technology that the Israeli military has used in its operations in Gaza. De Montebello is a member of Students for Justice in Palestine, according to the report.
In a complaint filed Tuesday in Hampshire Superior Court, de Montebello argued that the university is punishing him for constitutionally protected speech that did not disrupt university operations or infringe on the rights of others.
In a statement, the Massachusetts chapter of the National Lawyers Guild and the law firm Zalkind Duncan & Bernstein LLP, which filed the lawsuit on de Montebello’s behalf, decried the suspension.
“The University calls on students to be engaged in political and social movements,” the statement said, “yet when Kiv answered that call with peaceful protest, they punished him.”
The lawsuit seeks a jury trial, unspecified damages, and the expungement of the suspension from de Montebello’s student record.
When asked for comment, a UMass spokesperson told the Globe that the university is committed to protecting the First Amendment rights of students, faculty, and staff.
“At the same time, the law is clear that expressive activity may be subject to reasonable restrictions that ensure that speech and protest do not block access to campus spaces, disrupt classes or university operations, or interfere with the ability of others to work, teach, and learn,” the statement said.
Morgan Rousseau is a freelance writer for Boston.com, where she reports on a variety of local and regional news.
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