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Pro-Palestine student wins Cornell free speech case

Momodou Taal at a pro-Palestine rally at Cornell University. Credit: Union for Everyone/X

October 11, 2024 - 1:00pm

Free speech has prevailed at Cornell University. Two weeks ago, UnHerd reported that Momodou Taal, a British citizen pursuing a PhD at the Ivy League university, had been suspended for a second time this year for his pro-Palestine campaigning. The ramifications for Taal were severe, with Cornell threatening his F-1 student visa status. Yesterday, news emerged that the university had backed down, deciding to take no further action against him.

Taal has a history of pro-Palestinian activism, including participating in the Gaza Solidarity encampments. After being suspended, he went on to protest against a careers fair that featured L3Harris and Boeing, arms manufacturers which supply weapons to the Israeli military. Taal claims he gave a five-minute speech at the outset of the rally which then turned violent. He says he left before the commotion, but that he was singled out by campus police because of his previous activism.

Cornell’s initial response was unforgiving, and Taal was denied an investigation. The university seemed determined to make an example of him: he would be suspended, his visa terminated and he would be given “no grace period” to leave the country. Cornell’s management accused students of engaging in “highly disruptive and intentionally menacing behaviour in a protest that shut down a career fair” and implied that this conduct was criminal, warning: “actions have consequences, on campus and in the criminal justice system.”

Protesting is disruptive — that is the point. But disruptive does not necessarily mean unlawful. In the police report which led to Taal’s suspension, Cornell accused him of “unauthorised use of university property by entering the hotel immediately behind individuals who had used force to gain entry” and that he “intentionally led or repeated chants that were unreasonably loud resulting in the significant disruption of university activities”. Trespassing is serious and loud chanting is a nuisance, but is it severe enough to merit the deportation of an international student?

Neither the police report leading to his suspension nor the university’s communications ever suggested that the British student had engaged in violent or threatening speech against anyone, which would be both illegal and reprehensible. His crime appears to be that he was vocally pro-Palestine.

Following widespread public outcry, the university realised that its case was shaky and dropped its case. Taal posted on social media: “Cornell University has decided to allow me to remain an enrolled student, which will allow me to keep my visa and submit my thesis.” He added: “This is a drastic shift from their position just two weeks ago, in which they were determined to see me removed from the US.”

His lawyer underlined why it was paramount that free speech prevailed: “Cornell’s administration attempted to set a dangerous precedent by collaborating with DHS [Department of Homeland Security] to rebuke a student’s visa without due process, and they failed.” Taal’s lawyer said that the case was “not only about Momodou’s rights”, but about everyone’s right “to hear the views Momodou espouses” and “engage in discussion”.

The past decade has shown how student activism can undermine free and open discourse on sensitive subjects at universities. But students should be free to protest legally and peacefully, without their institutions clamping down on lawful speech. Short of threatening or abusive behaviour, universities should back off. “Unreasonably loud” chanting is not grounds for deportation and the news of Taal’s victory should be welcomed by all defenders of free speech, regardless of political affiliation.


Raquel Rosario Sánchez is a writer, researcher and campaigner from the Dominican Republic.

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UnHerd Reader
UnHerd Reader
2 months ago

After Taal graduates..he should not be able to become a a citizen or even permitted to apply for a work permit

Chris Whybrow
Chris Whybrow
2 months ago
Reply to  UnHerd Reader

Bold of you to assume he wants to live in a dump like the US.

L Brady
L Brady
2 months ago
Reply to  Chris Whybrow

Most of THEM do.

Nell Clover
Nell Clover
2 months ago
Reply to  Chris Whybrow

I’m pretty sure he’s not commuting from Britain to Cornell everyday. He’s already chosen to live there. Out of all the places in the world to live and study, he chooses one he routinely denounces. How odd.

Warren Trees
Warren Trees
2 months ago
Reply to  Chris Whybrow

It is where grifters thrive.

Alex Lekas
Alex Lekas
2 months ago
Reply to  Chris Whybrow

it’s such a dump that he chose to come here for schooling. One of the most interesting things about America is how the people who hate it the most refuse to leave.

UnHerd Reader
UnHerd Reader
2 months ago
Reply to  Alex Lekas

They smell blood in the water, metaphorically.

Neil Turrell
Neil Turrell
2 months ago
Reply to  Chris Whybrow

Dear America,
You’re most welcome to keep him.

UnHerd Reader
UnHerd Reader
2 months ago
Reply to  Chris Whybrow

Just betting on averages, and since he came from what could reasonably compared to a dump or two…

Billy Bob
Billy Bob
2 months ago
Reply to  UnHerd Reader

Why not? If he had been protesting in favour of Israel would you welcome him then?

UnHerd Reader
UnHerd Reader
2 months ago
Reply to  Billy Bob

Why not? Tolerance does not mean agreement, but having neighbors not calling for genocide is better than having neighbors who do.

Billy Bob
Billy Bob
2 months ago
Reply to  UnHerd Reader

So you want him deported because you disagree with him?
America…Land of the Free!

Chris Whybrow
Chris Whybrow
2 months ago

Good.

Warren Trees
Warren Trees
2 months ago
Reply to  Chris Whybrow

But don’t dare speak anything against the approved narratives, or espouse conservative opinions on anything or lose your job. Why hasn’t Kathleen Stock written on this subject?

Alex Lekas
Alex Lekas
2 months ago

But students should be free to protest legally and peacefully
if only that applied universally.

John Tyler
John Tyler
2 months ago

Being an ‘activist’ and ‘demonstrating’ doesn’t make you either right or good. The key issues in this case were whether his activism was encouraging of or to the persecution of Jews; and whether his demonstration was blocking, either physically or through intimidation, others’ right to move about freely in a public space.

Adrian Smith
Adrian Smith
2 months ago
Reply to  John Tyler

No the key issue was whether or not he was breaking US law. He wasn’t – that is why the case was dropped.
Those of us who believe in free speech have to defend the rights of those we disagree with too.
In the UK we can only envy the US 1st amendment despite the Harris / Walz desire to subvert it (hopefully they won’t get the chance), whilst we slide ever closer to totalitarianism.

Ian Wigg
Ian Wigg
2 months ago
Reply to  Adrian Smith

Freedom of speech does not provide an excuse for inciting an affray or acts of violence.

David Barnett
David Barnett
2 months ago
Reply to  Adrian Smith

I think the reason the case was dropped is that Cornell ignored due process, thus tainting their action (which otherwise might have been found justified).

Kathleen Burnett
Kathleen Burnett
2 months ago

Would he extend his claim to free speech to people he disagrees with? As I recall, the group he supports are keen on preventing others, like our own KS, from speaking.

James Gallahger
James Gallahger
2 months ago

Noncitizens have no right to interfere in a nation’s public life. If he wants to protest, he should do so in his own country, Britain.

John Robertson
John Robertson
2 months ago

They do, they invade as western country and work to bring it down whilst claiming every benefit going.
They are deliberately in the US to do the same.

laurence scaduto
laurence scaduto
2 months ago

That’s a reasonable and valid point. But I’m not sure that there is real law to support it. Alas.

John Robertson
John Robertson
2 months ago

He wasn’t protesting peacefully and as can be seen elsewhere Islamics violently supress events on subjects they dissagree with.

Michael Clarke
Michael Clarke
2 months ago

The first sentence of the last paragraph is the key point. Why have universities tolerated the cancel culture for so long? One bad decision often leads to another.

Martin Lill
Martin Lill
2 months ago

It’s astonishing, hilarious, and horrific in just about equal measure how those with the variety of views that might be described as to the left of centre are desperate to shut down the voices of those that disagree with them, but suddenly become staunch defenders of free speech when it’s their own voices that are being shut down. The hypocrisy of the left knows no bounds.

Robert H
Robert H
2 months ago

I would argue that when your loud chanting interferes with another students right to be in a classroom and the disruption gets to the point it negatively impacts that student’s learning experience then the University has an obligation to protect that student. Free speech does not give one the right to trample on other citizen’s rights. That is what is missing here.

David Barnett
David Barnett
2 months ago

I think it is clear that the University administration understands nothing about the bill of rights. First they were slow to protect the rights of other students not to suffer intimidation and disruption over months at the hands of pro-Hamas protesters. Then when the political heat from their complicity got too much they decided to short cut their action against a prominent pro-Hamas activist by violating his due process rights.