Frivolous Suit Will Not Deter US Campaign for Palestinian Rights

Credit: USCPR

A Palestinian rights organization has moved to dismiss a bullying lawsuit filed in November 2019 by an Israeli organization aiming to stop the movement for Palestinian justice. The lawsuit was filed by the Jewish National Fund (JNF)—a group that has played a central role in the colonization of Palestinian land—against the US Campaign for Palestinian Rights.

Palestine Legal unequivocally stands with USCPR and others courageously exercising their First Amendment rights to organize for Palestinian freedom.

Why Is the JNF Suing USCPR?

The JNF lawsuit is an attempt to shut down one of the biggest national organizations engaged in advocacy for Palestinian rights across the United States.

With backing from the Israeli government and lawfare groups, the JNF aims to scare people away from joining a movement with growing support on college campuses, in churches, in Jewish communities, and even in the Democratic party.

Trying to reverse this visible shift in support for Palestinian rights, Israel and its allies in the United States have launched an offensive against grassroots activism, financed by billionaires like Sheldon Adelson and Robert Kraft, and by Israel itself.

This offensive deploys surveillance, sabotage, and abuses of the legal system to censor and shut down Palestine advocates. Unable to defend Israel’s occupation and apartheid policies, groups are using harassing lawsuits to drain activist resources and distract them from their work for Palestinian freedom.

The International Legal Forum, which reportedly crafted the JNF lawsuit, has a NIS 3.25 million ($860,000) contract with the Israeli government to fight on a “legal battleground” the communities and individuals around the world who are boycotting for Palestinian rights.

Lawsuit’s Claims

The JNF and Israeli individuals who live near the Gaza Strip are trying to hold USCPR civilly liable for damage allegedly caused by burning kites and balloons released during the Great March of Return in Gaza.

The march is an ongoing popular protest demanding Palestinian refugees be allowed to return to their original lands. Israel has met the protests with lethal force, killing at least 190 people and wounding and maiming nearly 29,000 unarmed Palestinians in the first year of marches alone.

The lawsuit claims the kites and balloons sparked fires in highly flammable non-native pine forests planted by the JNF over the ruins of destroyed Palestinian villages, from which some of Gaza’s residents were expelled.

The damages it alleges include interference with the ability of Israelis near Gaza to enjoy “scenic trails, recreation areas, bicycle trails and public areas and amenities.” The lawsuit, which does not allege any physical injuries to the plaintiffs, demands $90 million for the “extreme emotional pain” related to losing the use of recreation areas.

The lawsuit alleges an almost comical guilt by association by making attenuated and non-causal links between USCPR and Hamas, which it says is responsible for the burning objects.

The causes of action in the lawsuit include aiding and abetting foreign terrorist organizations, material support for terrorism, conspiracies to commit trespass, to commit a public nuisance, and to interfere with the JNF’s business relations.

As evidence for their far-fetched claims, the JNF points to USCPR’s First Amendment protected statements and tweets in support for the Great March, its involvement in a “Stop the JNF” campaign, and its relationship with the Boycott National Committee, which coordinates Palestinian civil society groups calling for boycott, divestment and sanctions.

It’s as ridiculous as it sounds. As USCPR’s Motion to Dismiss makes clear, these spurious allegations are intended to make peaceful advocacy for Palestinian rights seem unlawful through an “elaborate web of conclusory and implausible allegations.”

The Motion to Dismiss explains that the allegations against USCPR are bolstered by “inflammatory, politically charged assertions to connect USCPR to acts Plaintiffs allege were carried out by Hamas or other actors.”

Such flimsy allegations will not hold up in court.

What to Expect

Though meritless, the lawsuit may become a protracted legal battle for USCPR because extensive funding allows the International Legal Forum to drag out the litigation.

The lawsuit also portends more efforts to use attenuated and spurious lawsuits alleging support for terrorism to target movement actors with harassing litigation.

Palestine Legal and our partners are dedicated to defeating such claims. Diala Shamas, a staff attorney at the Center for Constitutional Rights, which is representing USCPR, explained: “Anyone who cares about civil liberties and human rights should be deeply concerned by the frivolous and malicious lobbing of accusations of conspiracy and terrorism at a human rights organization.”

Sabotage of Social Justice Movements

The notion that Palestinians and their allies who organize and speak out for Palestinian freedom should be treated as “terrorists” fits a well-worn pattern of sabotage of social justice movements.

Both historically and today, Black, Brown and Indigenous liberation activists have been labeled as “extremists,” “terrorists,” and worse to justify their criminalization, surveillance, and even assassination.

Black Lives Matter activists are characterized by the FBI as dangerous “Black Identity Extremists.” Indigenous water protectors are targeted by the government and corporations as a public safety threat, and criminally prosecuted for protecting their land and resources.

Around the country, legislators are passing laws that punish and criminalize protest, including boycotts. Harassing lawsuits by corporations and other interest groups are also a common tactic to distract and bankrupt activists.

These movements have in common with the movement for Palestinian rights a rejection of the status quo of racial injustice, climate destruction, and occupation of Indigenous land.

Like U.S. liberation movements of the 1960s and 70s, they demand a power transfer – away from police, from colonizers, and from corporations, and to the people most affected, to determine for themselves their collective destinies.

We Stand Determined

Palestine Legal is dedicated to supporting the movement for Palestinian rights as it continues its work towards freedom for Palestinians, whatever lawfare and other means are used against it.

It is imperative that we stand unafraid and unwavering against these threats, so our collective voices and actions can overcome those that wish to intimidate us into silence and complacence.

You can stand with USCPR—and help them plant indigenous olive trees in Palestine—here.

USCPR shared the following statement on March 6, after the Center for Constitutional Rights filed a motion to dismiss the JNF’s lawsuit on their behalf:

 “This is an attack on all of us, and we are not backing down. The JNF’s lawsuit is one of the oldest tricks in the book: twisting the law and using smear campaigns to discredit human rights defenders. It fits into a long pattern of white supremacist and government-led attempts to crush organizing for justice in the U.S.

We won’t be intimidated. We won’t stop fighting for a future in which the Palestinian people enjoy full freedom, justice, and equality.”

If you have questions about how this lawsuit might affect you and your organizing, please contact us.