Attorney General Nessel Charges 11 in University of Michigan Israel Protest Crackdown

Photo byOffices of Attorney General of Michigan Dana Nessel

Michigan Attorney General Dana Nessel concludes investigation into University of Michigan protests, resulting in charges for 11 individuals. This story breaks down the charges and explores the ongoing tension between free speech and campus safety.

Nessel Wraps Up UM Protest Review, Charges 11

Michigan Attorney General Dana Nessel announced the completion of her department’s investigation into multiple protest incidents at the University of Michigan (UM), leading to criminal charges against 11 individuals, predominantly students and alumni. The review focused on maintaining consistency in the application of law across various protest-related activities on and off-campus, involving multiple jurisdictions including Washtenaw, Ingham, Oakland, and Wayne counties. The outcome underscores a delicate balance between freedom of expression and public safety on college campuses.

Multi-Jurisdictional Investigation Yields Charges

The Department of Attorney General’s review encompassed evidence from over 35 participants involved in protest activities at UM. The investigation scrutinized a wide array of materials, such as body-worn camera footage from more than 30 officers, police and DPSS reports, official statements, and UM's policies and bylaws. Among the notable incidents were protests at UM Regents’ homes, the Honors Convocation, graduation events, and the encampment on the Diag, a prominent park space in the heart of the campus.

While the investigation has concluded with charges related to the Diag encampment, incidents at the Regents’ homes remain under review. Notably, Nessel’s office declined to prosecute individuals involved in protests during the Honors Convocation or outside the University of Michigan Museum of Art, emphasizing a commitment to protecting First Amendment rights.

Charges Linked to Hazardous Encampment on the Diag

The primary focus of the charges is the protest encampment on the Diag, which began in April and expanded to include approximately 60 tents. University officials, including student liaisons, engaged with the protesters multiple times to address policy violations and significant safety hazards identified by the UM Fire Marshal. The Fire Marshal’s report detailed the encampment’s fire risks, citing overloaded electrical devices, obstructed egress routes, and a damaged fire hydrant, warning of catastrophic potential in the event of a fire.

On May 21st, UM police issued a dispersal order to clear the encampment. When demonstrators refused to comply, officers moved in, leading to clashes between police and protesters. Two individuals were charged with trespassing, a misdemeanor punishable by up to 30 days in jail. Seven others faced more severe charges, including resisting or obstructing a police officer, a felony that carries a maximum sentence of two years. These charges were reserved for those who allegedly made direct physical contact with officers or obstructed arrests.

Free Speech vs. Public Safety: A Delicate Balance

Attorney General Nessel reinforced the importance of free speech but stressed that it does not excuse criminal conduct. “The right to free speech and assembly is fundamental,” Nessel stated, “but violent and criminal behavior, or acts that trample on another’s rights, cannot be tolerated.” The charges highlight the boundaries of lawful protest, emphasizing that illegal activities such as resisting police or vandalism are not protected under the First Amendment.

Two additional individuals, including a UM alumnus, were charged in connection with a counterprotest on the Diag in April. Allegations include disturbing the peace and malicious destruction of property. These charges reflect the broader issue of maintaining order and safety on campus, while navigating the complexities of diverse and often conflicting expressions of opinion.

UM Urged to Strengthen Protest Policies

The Attorney General’s office called on UM and other Michigan universities to review and update their policies regarding protests and assemblies. The goal is to ensure a balance between protecting free speech and maintaining safety on campus. The Department also emphasized the importance of enforcing rules in a content-neutral manner, avoiding any perception of bias in how protests are managed.

Charges related to the Diag protest were filed in Washtenaw County’s 15th District Court. As the legal process unfolds, Nessel’s message is clear: the law applies uniformly, and while campuses are hubs of intellectual and social engagement, they are not exempt from legal consequences for unlawful behavior.

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