Free Speech in Higher Education

Last updated: March 12, 2026 01:04 pm

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Free speech is a fundamental right protected by both the U.S. Constitution and Nevada law. If you are a student at a college or university in Nevada, it is important to understand the scope of your rights and the limitations that may apply to free expression on campus. The First Amendment and Nevada law protect the right to express opinions, even if those views are controversial or offensive to others.

This information is not legal advice, but intended to be a resource for students to understand and assert their rights.

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Gerwaski v. State of Nevada

We are representing Students for Justice in Palestine at the University of Nevada-Las Vegas (SJP UNLV), a student group that protests Israel’s military actions in Palestine and exercises its First Amendment rights by organizing protests and advocating on social media, and has also urged UNLV administrators to stop supporting Palestinian people by not investing money in groups tied to Israel. We stepped in after another UNLV student who disagreed with SJP UNLV’s views sued the group, along with several other defendants, under the federal Anti-Terrorism Act (ATA) and for intentional infliction of emotional distress, even though the student did not show how UNLV SJP assisted in terrorism or explain how they were harmed. We filed a motion to dismiss, asking the court to dismiss the case because SJP UNLV’s advocacy is protected by the First Amendment, and the student failed to provide sufficient facts related to claims of infliction of emotional distress. We also filed a second motion under Nevada’s anti-SLAAP (Strategic Lawsuits Against Public Participation) laws, which protects people and groups from lawsuits meant to silence speech on public issues.