Archive · 5 Oct 2026
Judge Dismisses FACE Act Lawsuit Against Pro-Palestinian Protesters
A judge in New Jersey dismissed a government lawsuit against pro-Palestinian groups and protesters.
The lawsuit used a law that is often used in cases involving access to abortion clinics.
The judge said the government had not explained clearly enough how the law was violated.
The dismissal does not prevent the government from trying again.
It has 30 days to submit an updated lawsuit.
The case involved a protest at an event held at a synagogue in November 2024.
The event promoted property sales in Israeli settlements in the occupied West Bank.
The government accused protesters of intimidating and physically assaulting attendees, while protesters say opposing Israeli policies is not the same as antisemitism or support for extremism.
A federal judge dismissed the Justice Department’s lawsuit against pro-Palestinian organizations and protesters without prejudice.
Judge Katharine Hayden said the complaint did not adequately plead violations of the Freedom of Access to Clinic Entrances Act.
The government may file an amended complaint within 30 days.
The suit concerned a November 2024 protest outside a New Jersey synagogue event promoting property sales in Israeli settlements in the occupied West Bank.
The administration says some pro-Palestinian protesters are antisemitic or support extremists; demonstrators say criticism of Israel and advocacy for Palestinian rights are not antisemitism or support for extremism.
- Who
- U.S. District Judge Katharine Hayden dismissed the Justice Department’s case against pro-Palestinian organizations and protesters.
- What
- The judge dismissed the government’s lawsuit under the Freedom of Access to Clinic Entrances Act without prejudice.
- When
- The dismissal was reported October 2; the protest at issue took place in November 2024, and the lawsuit was filed in September 2025.
- Where
- The case was in New Jersey and concerned a protest at a synagogue event there.
- Why
- Hayden said the complaint did not adequately plead violations of the statute.
Administration’s position
Demonstrators’ position
Characterization of protests
Administration’s position
The administration says pro-Palestinian protesters are antisemitic and support extremists.
Demonstrators’ position
Demonstrators say criticism of Israeli attacks on Gaza and Israel’s occupation, and advocacy for Palestinian rights, do not amount to antisemitism or support for extremism.
Alleged conduct at the event
Administration’s position
The Justice Department alleged that protesters intimidated attendees, physically assaulted worshippers, and disrupted the event with chants and vuvuzelas.
Demonstrators’ position
The article reports the protesters’ broader position on their advocacy, but does not provide a specific response from the defendants to the allegations about this event.
- Ruling
- Lawsuit dismissed without prejudice
- Judge
- U.S. District Judge Katharine Hayden
- Deadline
- The government may amend its complaint within 30 days
- Law cited
- Freedom of Access to Clinic Entrances Act, enacted in 1994
- Protest date
- November 2024
- Lawsuit filed
- September 2025
- Event
- A synagogue event described as a spiritual service and real estate fair promoting property sales in Israeli settlements in the occupied West Bank