Nonsense lawsuits don't help

Eugene Volokh flags a decision dismissing suit by a Jewish UNLV student asserting IIED claims over pro-Palestin/anti-Israel campus protests. The court says the plaintiff failed to allege outrageous conduct or severe emotional distress and that the speech described is protected by the First Amendment. I agree with the analysis (as does Eugene), which should presage the fate for many similar lawsuits. Claudine was right--context does matter and in context a lot of antisemitic campus speech enjoys constitutional protection, however bad or uncomfortable it makes people feel. I am glad this view prevails in court if not in Congress.

The proceduralist in me flags to other pieces of the case. First, the court also dismissed for lack of personal jurisdiction claims against American Muslims for Palestine, which the complaint alleges is a propaganda arm of Hamas that controls SJP and the UNLV chapter of SJP--AMP did nothing to target Nevada.

Second, the court dismisses without prejudice and offers this:

If Gerwaski chooses to amend his complaint, he is advised to plead his claims against AMP and SJP-UNLV in accordance with the First Amendment principles I have described. He is also advised to comply with Federal Rule of Procedure 8(a), which requires only “a short and plain statement of the claim” showing he is entitled to relief and “a demand for the relief sought.” Gerwaski’s FAC contains 51 pages of background material before getting to a five-page “Statement of Facts” that actually pertains to Gerwaski. ECF No. 6 at 52-56. Althoughsome background and jurisdictional information may be helpful, Gerwaski also spends pages describing a national organization’s response to a congressional subpoena, repetitive allegations about the inner workings of various terrorist organizations, and activities at campuses other than UNLV. None of that seems relevant to this case.

Indeed.