In January 2026, the NLG-Massachusetts Chapter, together with co-counsel Zalkind Duncan and Bernstein LLP, filed a lawsuit in Hampshire Superior Court on behalf of Kivlighan de Montebello. de Montebello is a UMass Amherst student who was suspended for one year after peacefully protesting Raytheon at a campus career fair. 

On September 29, 2025, de Montebello and fellow members of Students for Justice in Palestine gathered at the Isenberg Career Fair to chant and distribute informational flyers about Raytheon’s role in arms manufacturing amid the ongoing war in Gaza. The protest caused no material or substantial disruption, but UMass suspended de Montebello, banned him from campus, and denied him fundamental due process protections during the disciplinary proceedings, including the right to cross-examine his sole accuser and present witness testimony. 

On February 13, 2026, Justice Jeffrey J. Trapani granted our emergency motion for a temporary restraining order and preliminary injunction, finding that de Montebello is likely to prevail on his First Amendment and Article 16 free speech claims and that the University’s punishment of his peaceful political speech could not be sustained under the “demanding” substantial-disruption standard of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). Kiv is now back on campus and attending classes while the case moves forward. 

Support and donations make it possible for NLG-MA to take on cases like this one—defending the constitutional rights of students to speak out against injustice without fear of retaliation from the very institutions that claim to champion free expression.

For the initial press release on this case, please click here. For the our most recent press release, please click here.