Pseudonymity Allowed (for Now) in Lawsuit Against Palestinian Student Groups
From today’s decision by Judge Jeannette Vargas (S.D.N.Y.) in Haggai v. Kiswani:
Plaintiffs … filed this suit against Nerdeen Kiswani, individually and as the representative of Within Our Lifetime-United For Palestine, Maryam Alwan, individually and as the representative of Columbia Students For Justice In Palestine, Cameron Jones, individually and as the representative of Columbia-Barnard Jewish Voice For Peace, and Mahmoud Khalil, individually and as the representative of Columbia University Apartheid Divest, Columbia Students For Justice In Palestine, and Columbia-Barnard Jewish Voice For Peace, (“Defendants”) under the Antiterrorism Act (“ATA”), 18 U.S.C. § 2333(d), and the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350….
Plaintiffs in this action are alleged victims of Hamas, a terrorist organization with the goal of destroying the State of Israel. The catalyst of this action are the terrorist attacks of October 7, 2023, when Hamas led an incursion into Southern Israel and murdered more than 1,200 people. In addition to the lives lost, Hamas took more than 200 hostages back to Gaza. In this instant action, Plaintiffs allege that Defendants in this case “are Hamas’ propaganda arm in New York City and on the Columbia University campus.” Plaintiffs further allege that Defendants’ acts done “in furtherance of their goals to assist Hamas have included terrorizing and assaulting Jewish students, unlawfully taking over and damaging public and university property on Columbia’s campus, and physically assaulting Columbia University employees.” …
Under Rule 10(a) of the Federal Rules of Civil Procedure, a “complaint must name all the parties.” This requirement “serves the vital purpose of facilitating public scrutiny of judicial proceedings and therefore cannot be set aside lightly.” A district court has discretion to grant an exception to the “general requirement of disclosure of the names of parties” to allow a party to proceed under a pseudonym…. “[P]seudonyms are the exception and not the rule, and in order to receive the protections of anonymity, a party must make a case rebutting that presumption.” …
The Movants, as described earlier, include a parent of a current hostage from October 7, reservists in the IDF, and an IDF veteran wh
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
