Boston Lawyer BlogZalkind Law and National Lawyers Guild Win First Amendment Injunction Against UMass Amherst
On February 13, 2026 a court enjoined UMass Amherst from suspending student Kivlighan de Montebello for his participation in an on-campus protest in September, finding that the suspension likely violates his free speech rights. The firm and the National Lawyers Guild sued the university last month after de Montebello’s suspension was imposed. On Friday a judge in the Hampshire Superior Court found that the behavior the suspension was based on–chanting outside of an on-campus career fair–did not cause a “substantial disruption” to a university activity as would be required for the punishment to be constitutional.
“This is a huge victory for student free speech,” said the Executive Director of the National Lawyers Guild-Mass Chapter Urszula Masny-Latos. “The court confirmed what we argued from the start: UMass cannot suspend a student for exercising his constitutional right to peaceful protest. Universities that silence dissent should take notice.”
“Kiv can now return to campus and continue his education while this case moves forward,” added cocounsel
Naomi R. Shatz of Zalkind Duncan and Bernstein LLP. “The court’s order makes clear that the Constitution does not permit universities to punish students for exercising their First Amendment rights.”
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