Judge Throws Out DOJ Case Against Pro-Palestine Protesters
A federal judge in New Jersey has dismissed the Trump administration’s civil case against pro-Palestinian organizations and protesters, ruling that the Justice Department did not adequately plead violations of the Freedom of Access to Clinic Entrances Act.
Reuters reports that U.S. District Judge Katharine Hayden dismissed the claims without prejudice, giving the government 30 days to file an amended complaint. The 1994 FACE Act is best known for protecting access to reproductive-health facilities but also covers interference with houses of worship.
The lawsuit arose from a 2024 protest at a New Jersey synagogue hosting an event that included a real-estate fair promoting property in Israeli settlements in the occupied West Bank. The government alleged intimidation, physical assaults and disruptive noise; the defendants disputed the administration’s broader characterization of pro-Palestinian activism.
A test of selective enforcement
The case drew attention because the Trump administration has curtailed FACE Act enforcement in abortion-related cases while attempting to use the same law in a politically charged Palestine protest. That asymmetry makes the enforcement policy itself part of the story.
The administration has also pursued deportations, university funding threats and expanded screening tied to Palestine activism. Pamphlets recently covered José Vega’s campaign against AIPAC influence and U.S. military support for Israel, another front in the fight over how Palestine is discussed inside American politics.
The ruling is not the end
Because the dismissal is without prejudice, the government can try again. For now, though, the court has rejected the complaint as pleaded. That matters in a period when legal tools built for one purpose are increasingly being repurposed inside a wider state campaign against dissent.
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