In May of 2024, pro-Palestine activists at the University of Michigan — each charged with trespassing and resisting or obstructing the police — were initially spared legal consequences when the Washtenaw County prosecutor, Eli Savit, dismissed charges against them. Four months later, on Sept. 12th, Dana Nessel, Michigan Attorney General, decided to take up the cases, a clear break from the norm. On May 5th, Nessel’s office dropped the charges of seven pro-Palestine protesters arrested at the Diag last year. Fifteen days later, charges against three protesters that participated in the Festifall “Die-In” were also dropped.
Although it took Nessel a significant amount of time to drop the charges, this Editorial Board not only views the dismissal of these charges as a win for the University’s pro-Palestine movement, but also as a broad victory for freedom of expression.
While the attorney general’s office provided reasons behind the decision to drop the charges, we are not wholly convinced. Nessel cited frustrations with the slow pace of the trial and a letter from the Jewish Federation of Greater Ann Arbor, but the impact of political pressure cannot be overlooked. For months, protesters from across the state called on the attorney general to drop the charges. Rep. Rashida Tlaib, D-Mi, was among the first elected officials to call out the cases for what they were: a blatant attack on students’ right to protest. In the months leading up to the arrests, efforts by the University to silence protesters — through the amending of the Statement of Student Rights and Responsibilities and the firing of pro-Palestine faculty — created a trend of assaults on students’ rights. The groundswell of support for the activists and the pushback against Nessel must also be credited for contributing to the decision to drop the charges.
As students of a university that prides itself on its history of activism and democratic values, we are glad Nessel dropped the charges. The cases themselves were a reach from the start: The First Amendment complications of prosecuting students who protest on public property — such as what qualifies as protected speech, or where students were allowed to protest —, coupled with Nessel’s connection to the University’s Board of Regents underscored the conflicted context of these cases.
While universities across the country crackdown on speech critical of Israel, cases like these show the limits of their power. An attorney general circumventing local prosecutorial discretion is a step too far. Additionally, the public outcry and political pressure made it clear Nessel did not have a change of heart. She simply understood that the political cost outweighed the benefits. Likewise, the University will not suddenly become a free-speech sanctuary, but these charges being dropped shows that the administration’s voices are not the only ones that count.
Nessel’s decision to drop the charges against the protesters provides a significant win for pro-Palestine activists on campus. While the timing of the decision — just four days after the end of winter semester — suggests a desire to minimize momentum, organizers hosted a Drop the Charges Reflection & Celebration on May 25. The purpose of this event was to celebrate the hard work of the many activists who never stopped advocating for the charges to be dropped, and to also reflect on ways to strengthen the pro-Palestine movement on campus.
If the University hoped to suppress calls for divestment by supporting the prosecution of students’ speech, the latest decision to drop these charges shows that collective action can still triumph in the end and that calls for divestment will not be silenced.
In an era where protest is increasingly scrutinized, Nessel’s capitulation serves as a reminder that students’ rights will not easily be curtailed. Students must come together to hold authority accountable, call out injustice where it exists and persevere — even in the face of intimidation. The decision was a strong victory for pro-Palestine activists, but if they capitalize on their momentum, it will not be their last.
This editorial represents the opinion of The Michigan Daily’s Summer Editorial Board. If you are interested in submitting an Op-Ed or Letter to the Editor, please send your submission to tothedaily@michigandaily.com.
