Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
US judge tosses Trump lawsuit targeting pro-Palestinian protesters in NJ
By
Willow Higgins
Published Oct 3, 2026
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Willow Higgins
Published Oct 3, 2026
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A federal judge in New Jersey has rejected a Trump administration bid to employ a law traditionally used to shield abortion clinics to sue pro-Palestinian activists who participated in a raucous protest outside a New Jersey synagogue two years ago.
U.S. District Court Judge Katharine S. Hayden dismissed a civil lawsuit brought by the Justice Department under the Freedom of Access to Clinic Entrances Act, in connection with a protest outside Congregation Ohr Torah in West Orange, where pro-Palestinian protesters and pro-Israel counter-protesters clashed on Nov. 13, 2024.
In an opinion that repeatedly drew a distinction between “unwelcome or offensive” expression and threatened or real violence, the judge threw out the government's claim. Her order granted the administration 30 days to file an amended complaint.
Where the FACE Act has traditionally been used to ensure access to abortion clinics, the Trump administration, in an untraditional application of the law, filed a civil lawsuit seeking damages against six pro-Palestinian demonstrators, including the group American Muslims for Palestine - New Jersey.
The 32-year-old statute, in addition to shielding abortion clinics, also prohibits a person from “intentionally injuring, intimidating, or interfering with … a person lawfully” exercising the First Amendment right of religious freedom. But Hayden said the measure does not “impose liability for disruptive, offensive, or hostile advocacy as such.”
“For the FACE Act to apply to the centerpiece of the allegations (surrounding West Orange protest) would mean every push, shove, brawl, or forceful conduct occurring during a protest like the one alleged here automatically becomes a FACE Act violation,” Hayden said.
Doing so, she wrote, “would demonize protesters who exercise their own First Amendment rights as being part of a mob – which this complaint does.”
Kiersten Pels, a spokesperson for the Department of Justice, said in a statement, “The Department is reviewing the court’s order and evaluating next steps.”
An attorney for the defendants hailed the ruling as a victory for free speech.
Attorney Emma Vasta-Kuby said the lawsuit was “a test case” for the Justice Department to see if they could successfully apply the FACE Act outside of its traditional realm. The measure was signed into law by President Bill Clinton in 1994, amid a surge in violence directed at abortion clinics and providers.
“ I think very clearly what we've seen is that [the DOJ] failed,” Vasta-Kuby said. “They failed in every respect.”
She added, “This ruling is showing that this law and laws like this cannot be utilized to stifle politically protected speech, especially around Palestine and around Gaza.”
The government alleged the defendants engaged in a coordinated effort to intimidate and disrupt Jewish worshippers at the synagogue, which was hosting a real estate fair for property in Israel and the West Bank.
Suchfairs promoting real estate in Israel settlements have sparked controversy, and have become even more volatile since the Israel’s siege in Gaza, following Hamas’ Oct. 7, 2023, attack against Israelis.
The Nov. 13, 2024, protest featured the use of pepper spray, shouted threats and physical clashes between protesters and security hired by the synagogue, according to claims in the court filings and media accounts. Several people were injured, arrests were made, and the government alleged several acts of purported and perceived intimidation.
But Hayden wrote the government’s complaint failed to clear a constitutional hurdle.
“The statute’s limits must be applied with care,” she wrote. “Because FACE regulates conduct that may occur alongside core political expression, courts must distinguish the force, threats of force, and physical obstruction the statute prohibits from protected – even if forceful, unwelcome, or upsetting – protest activity.”
Rabbi Marc Spivak of Congregation Ohr Toran said he had no immediate comment.
Tagged
Politics
Race And Justice Unit
first amendment
new jersey
religion
Willow Higgins
Willow Higgins covers changes in New York City neighborhoods for WNYC and Gothamist. She has previously reported on wrongful convictions, corruption in district attorney offices and Texas' child welfare system.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
NYC’s autumn foliage will be a fall feast this year
A rainy fall will intensify autumn foliage colors, making them last longer, too.
By
Rosemary Misdary
Published Oct 6, 2026 at 10:00 a.m. ET
NY officials worry migrants will skip healthcare amid fed policy change
The concern is that many will avoid medical care out of fear that doing so could jeopardize their immigration status.
By
Caroline Lewis
News
NY officials worry migrants will skip healthcare amid fed policy change
The concern is that many will avoid medical care out of fear that doing so could jeopardize their immigration status.
By
Caroline Lewis
Early Addition: Spy magazine is doing a Substack pop-up
By
James Ramsay
Bronx woman found dead and infant in critical condition after balcony push, NYPD says
By
Brittany Kriegstein
After Trump defunding, thousands losing rental assistance in NYC may finally have relief
By
David Brand
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .