UNC Police obtain search warrant for UNC SJP Instagram account in vandalism case
A pro-Palestine protester puts red handprints on South Building on Saturday, May 11, 2024.
UNC Police obtained a search warrant for the UNC Students for Justice in Palestine Instagram account's basic subscriber information as part of an ongoing criminal investigation.
UNC Senior Director of Media Relations Kevin Best wrote in an email to The Daily Tar Heel that the investigation regards "the significant damage inflicted on South Building on May 11, when a group of protestors defaced the 230-year-old building with oil-based paint and graffiti.”
The warrant's affiant, UNC Police investigator Daniel Brown, wrote in the warrant that he believedindividuals runningthe SJP Instagram planned and/or participated in the damage.
“They have used their account to post a flyer of the event as well as tactics to obscure law enforcement efforts to identify those that would cause property damage and posted a picture of the damage that was caused from their event,” Brown wrote.
The DTH was unable to obtain comment from Brown by the time of publication.
A May 9 Instagram post by SJP, UNC Faculty for Justice in Palestine, the Southern Student Action Coalition, UNC Graduate Students for the Liberation of Palestine and Triangle Stop Cop City described the "The People's Graduation," as a commemoration of seniors and community members who were suspended for their presence at the Triangle Gaza Solidarity Encampment on the morning of April 30.
A post on May 10 by Triangle Stop Cop City and SJP described how and why to wear "bloc," a practice the post described as "making yourself less identifiable," writing that bloc could include wearing a mask, wig, sunglasses, a hat and/or covering any identifying features.
"This can help protect you and your friends against being wrongfully targeted for your political beliefs by police, school administration and others who want to stop you," the post stated.
The People's Graduation occurred on the day of UNC's Commencement ceremony, May 11, with some demonstrators throwing red paint on the steps of South Building and writing phrases such as "PALESTINE WILL NEVER DIE" and "LEE ROBERTS IS A FASCIST" on the building. "Graduates" at the event, many of whom were wearing UNC's signature light blue graduation robes, were presented with certificates, including Bachelor of Science in Dealing with Administration and Bachelor of Arts in Care, Support, and Community.
SJP posted an image of the steps of South Building with paint that day, captioning the post, “We revolt because, for many reasons, we can no longer breathe. - Frantz Fanon."
A second "Gaza Solidarity Camp" was set up in front of South Building where protesters then threw balloons of red paint onto the steps on Saturday, May 11, 2024.
UNC Media Relations wrote in an email to The DTH that once protesters left the area around South Building, over 20 employees from Facilities Services, housekeeping, grounds and building services teams redirected from their normal positions to clean the building.
“They spent seven hours on May 11 and an additional four hours on May 13 scrubbing the surfaces using cleaners and pressure washers in an effort to save the surfaces,” Media Relations wrote. “While the staff working on the building did their best and we appreciate their efforts, there is still damage to the pillars and the side of the building.
In an email to The DTH, Media Relations Manager Beth Lutz wrote that cleanup efforts cost "approximately $7,000 in labor and materials in the immediate response at South Building." She wrote that the University contracted with a consultant for $20,000, who Lutz said would test methods for removing paint absorbed into the sandstone, along with providing recommendations to protect and clean the area in the future.
UNC SJP wrote in a July 12 Instagram post that the organization just learned of the warrant and that there was no permanent damage to South Building, writing in the post’s caption that the “supposed ‘damages'” paled in comparison to “Israel’s destruction of every university in Gaza.”
Maintenence workers power wash the front of South Building after a group of autonomous protestors splashed red paint and wrote messages on the building on May 11, 2024, Spring Commencement Day.
The warrant
Trevor Guyton, a local attorney from Raleigh criminal defense firm Marcilliat & Mills PLLC, said that the purpose of a search warrant — defined under General Statute 15A-241 —is to get to the next warrant that investigators need, which is an arrest warrant.
The basic subscriber information obtained includes names, addresses, phone numbers, credit card information, account creation information, IP addresses, direct messages, location data, device data and connection logs of the SJP Instagram account from May 2-13.
Sylvie Tudor, a doctoral student at UNC and member of SJP, said that the rationale used to obtain the warrant was “flimsy and borders on ridiculous.”
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“All they say is that we made a post beforehand about bloc, which is not illegal, and that we posted an image,” Tudor said.
Guyton said that there was nothing wrong with the organization posting an image of the damage with a quote, saying that they were making a First Amendment statement.
Guyton also said there is not a direct connection between the SJP Instagram account and the evidence UNC Police submitted showing that the account planned or participated in the vandalism. He said that if an individual is later charged with a crime, legal defense should include challenging the warrant.
Tudor described the event as autonomous protesters putting red paint on the stairs of South Building to call attention to the University’s “violence against its own students.” They said that the warrant stated that SJP posted a picture of the paint on the stairs, but that many people took photos after the event happened, adding that it was in a central campus location.
The warrant also references the Instagram account encouraging protesters to hide their identities by dressing in "bloc."
Brown wrote that bloc is a tactic used by individuals as they conduct illegal activities, but Guyton said there was nothing indicative of criminal intent regarding the method. He said that items the warrant referenced — including people wearing hats, sunglasses, medical masks and keffiyehs — were completely lawful.
“I'm not seeing anything in this probable cause affidavit that shows that this Instagram account, this organization, encouraged people to bloc or to mask their identities for the purpose of committing a crime, and that specific crime has to be injuring personal property,” Guyton said. “I'm not seeing that connection anywhere.”
Red paint is used to leave hand prints on the UNC seal on Saturday, May 11, 2024.
Moving forward
Tudor said that the police investigation was unsurprising.
“This investigation is very clearly the latest in a series of very shameful attempts by the UNC [administration] to silence and harass and repress Students for Justice in Palestine, and anyone who is active in the movement for liberation,” Tudor said.
The SSAC wrote in an email to The DTH that “The UNC Police Department’s obtaining of a search warrant to seize SJP’s Instagram data is the latest example of UNC's slide into authoritarianism," referencing the fences around the Quad erected after the April 30 pro-Palestine protests and the police response to demonstrators on that day.
Best wrote that the University was supportive of peaceful demonstrations, but that “the right to free speech does not include causing considerable damage to a historic building.”
