AMHERST, January 27, 2026 — The National Lawyers Guild-Massachusetts Chapter and Zalkind Duncan and Bernstein LLP filed a lawsuit in Hampshire Superior Court on behalf of University of Massachusetts Amherst student Kivlighan de Montebello who was suspended after peacefully protesting Raytheon’s presence at a campus career fair last fall.
On September 29, 2025, de Montebello and fellow students gathered to protest Raytheon recruitment efforts at the Isenberg Career Fair. Despite causing no material disruption to classwork or substantial disruption to the fair, the University suspended de Montebello for one year.
“The University calls on students to be engaged in political and social movements, yet when Kiv answered that call with peaceful protest, they punished him,” said NLG-MA Chapter Executive Director Urszula Masny-Latos. “UMass suspended a student for exercising his constitutional right to protest a weapons manufacturer and supporter of the ongoing war on Gaza. That’s not education—that’s censorship.” In addition, as Jon Cubetus, NLG Staff Attorney, stated, “Universities can’t claim to champion free expression while punishing students for speech that causes no disruption. The First Amendment protects peaceful protest—especially political speech on public university campuses. UMass violated both the Constitution and its own policies.”
Among other claims, the lawsuit alleges that UMass violated de Montebello’s free speech and due process rights. The disciplinary process denied de Montebello fundamental protections, including the opportunity to cross-examine his sole accuser and call witnesses in his defense. The case highlights broader concerns about universities suppressing student activism on campus. The lawsuit seeks to vacate the disciplinary finding and sanctions, expunge any record from de Montebello’s file, and secure declaratory and monetary relief.
“The Constitution protects peaceful protest, period,” added co-counsel Naomi Shatz of Zalkind Law. “Universities can’t punish students for exercising their First Amendment rights just because administrators find the message inconvenient.”
Contact: Jon Cubetus (NLG-Mass Chapter) — 508-505-4244, nlgmass-litigation@riseup.net
