Dames v. Roberts (University of North Carolina at Chapel Hill)

On March 3, 2025, the American Civil Liberties Union of North Carolina, Emancipate NC, and Muslim Advocates filed a federal lawsuit in the Middle District of North Carolina on behalf of the protesters. The complaint alleged violations of the First Amendment rights to speech and assembly, the Fourteenth Amendment right to due process, and Fourth Amendment protections against unlawful arrest and excessive force. Plaintiffs contended that the bans were imposed without formal process and were directly tied to participation in nonviolent protest activity.

On February 4, 2026, the United States District Court granted partial preliminary relief. The court required UNC to identify all protest related bans and enjoined enforcement of the indefinite bans against the named plaintiffs while the litigation proceeds. It emphasized the open ended nature of the bans, the absence of clear reinstatement procedures, and the plaintiffs showing of likely success on claims that the restrictions operated as unconstitutional viewpoint based regulation of protected expression.

UNC appealed on May 4, 2026 to the United States Court of Appeals for the Fourth Circuit, raising sovereign immunity and related defenses and seeking to narrow or dismiss portions of the case. The appeal challenges the district court’s preliminary ruling allowing key constitutional claims to proceed.

In June 2026, after the campus bans were lifted or expired, the plaintiffs voluntarily dismissed their First Amendment claims for prospective relief on mootness grounds. The dismissal narrowed the case rather than resolving it, as remaining claims continue to proceed, including those alleging due process violations and challenging the legality of the enforcement actions surrounding the April 30, 2024 encampment.