Entheofest Permit Denial Sparks Court Showdown Over Free Speech at University of Michigan

ANN ARBOR, Mich., Sept. 15, 2025 /PRNewswire/ -- The University of Michigan's denial of a permit for the 5th Annual Entheofest on September 21st has escalated into a constitutional battle for free speech that will be heard in the Michigan Court of Claims at the Hall of Justice in Lansing on Wednesday, September 17, 2025, at 1:30 p.m.

Timeline of Events

• August 13, 2025 - UM denied the permit for Entheofest for first time in five years.
The Students Association for Psychedelic Studies (SAPS) immediately appeals.

• August 21, 2025 - UM responded with a request for strategies for deterring uninvited vendors. Organizers responded with a robust plan: campus police presence, blockades, volunteer coordination, signage, neutral enforcement protocols, harm reduction handouts, and official sponsor identification.

• August 25, 2025 - Despite those measures, UM denied the permit, citing "promotion of illegal substances" and "safety risks" due to large crowds and comparisons to Hash Bash, another free speech event that has occurred every Spring at "the Diag" of the University of Michigan since 1972.

• August 29, 2025 - SAPS sues UM.

"Speech advocating for changes to laws - including laws involving Schedule I substances - is core political speech, fully protected by the First Amendment and the Michigan Constitution. The denial here is content-based and lacks specific, documented safety evidence. Comparable large events - including those drawing equal or greater crowds - have been approved without such restrictions." Emily Berriman, SAPS President

• September 3, 2025 — Washtenaw County Circuit Judge Tracy Van den Bergh acknowledged the case raises "important constitutional issues" but transferred jurisdiction to the Court of Claims.

Attorney for SAPS Thomas Lavigne of Cannabis Counsel explained the broader significance:

It does establish an element that the university is the state and state action is a required element for these plaintiffs to assert their constitutional rights. Students at the University have the same rights and protections under the Constitutions of the United States and the State of Michigan as other citizens. These rights include freedom of expression, press, religion, and assembly. The University has a long tradition of student activism and values freedom of expression, which includes voicing unpopular views and dissent." 

The University's Own Guidelines Contradict Its Position:

The University's Guideline for Use of the Grounds (revised Jan. 9, 2025) makes clear:

"The University of Michigan is committed to developing policies and procedures that support the idea that responsibility for activities taking place on University property is shared by the user and the University."

The Guideline sets responsibility based on proper planning, cooperation, and mitigation - not strict liability for attendees' independent actions. Yet, the University's denial shifts the entire burden onto students and outside collaborators, contradicting its own written policy.

A Troubling Pattern

"This is history repeating itself," said Jim Salame, founder of Entheofest. "We looked it up: in the 1990s, Michigan NORML and Hash Bash faced the exact same denials. The courts sided with free speech then, and we are standing on that same constitutional ground now. The University is twisting our words and using the same failed arguments in an attempt to silence us." 

"When the university points to Hash Bash in its denial, it is obvious that this is not just about Entheofest. If this is allowed to stand, even the oldest, most established free speech gatherings on campus could be next." Hash Bash organizer Jamie Lowell said.

This is bigger than Entheofest now," Salame added. "It's about whether a public university respects the First Amendment and the right of people to gather peacefully on public grounds."

About Entheofest

Launched in 2021, Entheofest is a free speech event that celebrates Ann Arbor's September 2020 unanimous resolution decriminalizing entheogenic plants and fungi. September is also Entheogenic Plant and Fungi Awareness Month per the City of Ann Arbor. Washtenaw County also has a decriminalization policy for these nature substances. The festival has since become a peaceful community gathering focused on education, cultural history, harm reduction, and policy reform, with speakers ranging from local activists to scientists such as UM neurobiologist William Leonard Pickard and Michigan State Senator Jeff Irwin.

Upcoming Events

• Entheofest - Sunday, September 21, 2025 - Ann Arbor, MI. Final location pending court ruling; updates to follow.

• Entheofest Afterparty - Sunday, September 21, 2025, 4:00 p.m. - 11:00 p.m.

Rabbit Hole, 210 S. 1st Street, Ann Arbor, MI. Featuring Grateful Dead tribute band Raising the Dead, plus food and local vendors.

Thomas Lavigne, Esq. 313-446-2235
[email protected]
https://entheofest.org/
https://www.facebook.com/entheofest/ 

SOURCE Entheofest