The University of Birmingham is censoring students’ beliefs about Gaza by seeking to shut down a pro-Palestine encampment on its grounds, the high court has heard.
Birmingham is one of several universities taking legal action to try to evict student protesters, with a case brought by the University of Nottingham due to be heard before the same judge on Friday.
At the Royal Courts of Justice on Thursday, the University of Birmingham sought a possession order so that it can evict the “Green Heart” encampment from its Edgbaston campus and prevent it from moving elsewhere on its grounds.
In written arguments, Katharine Holland KC, for the university, said: “The unauthorised occupational encampment has created a substantial risk of public disturbance and serious harm to persons and property which properly require immediate determination, as well as significant financial loss and disruption to the university’s activities.”
Mariyah Ali, 20, the only named defendant, claimed that granting the university possession would be unlawful because it would discriminate against her protected philosophical beliefs – including in Palestinian liberation and against genocide – and interfere with her rights to freedom of speech and freedom of assembly.
In her witness statement, Ali said the university had “demonstrable links” with arms companies, including BAE Systems.
Ali said: “We are not disrupting core educational activities so we are not convinced that is why they are seeking possession. No [one] is stopped learning, studying or researching: we are outdoors on grass.
“However, we are protesting against the university’s financial and institutional links and that is linked to the Green Heart encampment. We feel this is a censoring tactic to prevent us from delivering our message, from manifesting our belief from campus – and we do that because our manifestation is directly pointed towards the university.”
The Green Heart encampment began on 9 May to try to get the university to disclose its financial links to Israel and ensure that it is not contributing to the Gaza war.
Students at more than 30 universities have launched encampments in support of Palestine this year, according to London Student Action for Palestine. A week ago, the London School of Economics was granted a court order indefinitely barring encampments in one of its buildings, while Queen Mary University of London (QMUL) is seeking a similar order.
On 14 June a possession order was made with respect to Chancellor’s Court, another encampment at the University of Birmingham. Some protesters subsequently moved to Green Heart.
In written arguments, Liz Davies KC for Ali, said: “The university’s restrictions on the defendant’s rights have not been proportionate … It has simply sought to terminate the students’ occupation without permitting them to continue at such alternative place or in such alternative forum as would strike a fair balance between the right of the university to carry on its business and the rights of the defendants.”
Holland said the university supported freedom of expression, but added: “The unauthorised occupation is not for an expression of opinion. It is specific direct action to interfere with the activities of the university and other students and staff in order to force the university to give into its demands.”
She argued that Ali merely had “a viewpoint on the present state of information available, rather than … a philosophical belief”.
In a witness statement, the university’s director of legal services, Nicola Cárdenas-Blanco, said that as a result of the encampment the university had incurred £22,000 of direct costs, including for security, plus £195,000 for relocating a marquee for 28 graduation ceremonies and more than £30,000 for 60 displaced barbecues.
Referring to a banner that said: “Bothered by the encampment? Look away like you do for genocide!!” Blanco said: “It is not hard to imagine how this will make other members of the university community feel, particularly Jewish staff and students but also others who do not agree with the views of the encampment.”
Judgment was reserved until a later date.
