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McAfee v. Emory University

April 2024
Emory University (Private college or university)
Atlanta, GA

Identity of Speakers

  • Noelle McAfee
    Faculty/Staff
    Other

    Professor of philosophy at Emory University; Plaintiff

  • Emilio Del Valle-Escalante
    Student
    Other

    Professor of English and Latin American and Caribbean Studies at Emory University; Plaintiff

  • Caroline Fohlin
    Faculty/Staff
    Other

    Professor of economics at Emory University; Plaintiff

Resources

Additional Information

  • Incident Nature:
    Rally or protest
    Lawsuit
  • Incident Political Orientation:
    Not Clear
  • Incident Responses:
    Faculty sanctioned
    Campus police
    Other Law Enforcement
    Litigation
    Title IX or other federal statute
  • Incident Status:
    In litigation State Court
  • Was Speech Code incident

Summary

On April 23, 2026, three current Emory University professors filed a federal lawsuit against the university alleging that Emory violated their First Amendment rights and academic freedom after they were arrested during a 2024 campus protest. The plaintiffs were professors Carol Anderson, Noelle McAfee, and George Yancy. The lawsuit sought damages and other relief based on allegations that Emory violated the professors’ constitutional rights and failed to protect academic freedom. The plaintiffs alleged that Emory improperly involved law enforcement in response to a peaceful protest and that the arrests infringed on the professors’ rights to free speech and assembly.

The lawsuit stemmed from events on April 25, 2024, when protesters gathered to oppose the university’s plans to build a police and public safety training facility and to protest Israel’s military campaign in Gaza. According to the lawsuit, the professors were participating in or observing the demonstration when police officers responded and arrested them. The plaintiffs alleged that the professors were not engaged in unlawful conduct and that Emory administrators escalated the situation by calling law enforcement rather than allowing campus processes to address the protest.

Following the arrests, videos showing police detaining faculty members circulated widely and prompted public debate over Emory’s response. Professor Noelle McAfee later wrote in the Atlanta Journal Constitution that she was “detained at an Emory protest” and argued that the university’s response violated its obligations to protect faculty expression. Other faculty members and civil liberties advocates criticized Emory’s decision to involve police, while Emory officials stated that the university had a responsibility to address disruptions and safety concerns on campus.

In its response to the lawsuit, Emory argued that the university acted appropriately during the April 2024 demonstration. The university stated that the protest involved unauthorized activity and that law enforcement was called after protesters entered restricted areas and disrupted campus operations. Emory said in court filings that it “had no choice but to call cops” to respond to the situation and maintained that the arrests resulted from the conduct of the protesters rather than any effort to suppress protected expression.