State governments in New York, Maryland, and Illinois have introduced legislation that would deny or reduce state funding to universities that contribute funding to academic entities that advocate for or engage in a boycott of Israeli academic institutions, and we expect more state legislation to emerge.
Read MoreThe Center for Constitutional Rights (CCR), the Maryland and D.C. chapters of the National Lawyers Guild, and the Defending Dissent Foundation sent Maryland Senators and Delegates a letter on March 3, 2014 urging them to oppose pending legislation that would reduce state funding to colleges and universities that fund membership and activities in organizations supporting boycotts of certain countries, including Israel.
Read MoreA number of rights groups, including chapters of the National Lawyers Guild, the Center for Constitutional Rights, Jewish Voice for Peace and the Council on American-Islamic Relations - California, sent a letter to University of California Board of Regents and California State University Trustees informing them of various concerted efforts by the AMCHA Initiative to stifle any and all discussion of Palestinian rights on California campuses.
The letter describes several instances in which AMCHA has urged university officials to cancel events, punish professors, academics and students for their speech activities. It also alerts university officials to the recent dismissal of several discrimination complaints filed by AMCHA and other groups, and the Department of Education's decisions, which emphasize that incidents complained of constituted protected speech activities, and that just because some may have been offended by such speech does not mean it amounts to discrimination or harassment under the Civil Rights Act.
Both UC President Janet Napolitano and CSU Chancellor Timothy White responded to the letter.
"Rather than barring controversial speech, the CSU strives to be a marketplace of ideas where difficult and sometimes polarizing speech can be exposed to critical examination and open debate by those with opposing opinions. While we recognize this process sometimes can be uncomfortable or even offensive, we also trust that those on all sides of this current debate understand that the consequences of inhibiting or silencing the free exchange of ideas on matters of public concern are far more severe."
"The University is indeed deeply committed to allowing, and encouraging, the robust exchange of viewpoints and ideas that are so fundamental to our mission, and our approach to this area of discourse on our campus is no exception. The First Amendment protects the rights of all community members to express their views, even if those views are highly offensive to others. In particular, this protection encompasses the full spectrum of views on issues relating to Israel and Palestine."
See full letter to UC and CSU officials here.
See full response from CSU Chancellor White here.
See full response from UC President Napolitano here.
The Center for Constitutional Rights (CCR) and the National Lawyers Guild – New York City Chapter (NLG-NYC) sent New York Assembly Members a letter on February 20, 2014 urging them to oppose pending legislation that would reduce state funding to colleges and universities that fund membership and activities in organizations supporting boycotts of a list of countries, including Israel. The bill, A.8392A – which was amended after an outpouring of opposition – was drafted in response to the American Studies Association’s recent resolution to boycott Israeli academic institutions. The CCR and NLG-NYC letter urges lawmakers to recognize that the bill still violates the First Amendment and threatens academic freedom. The letter stresses that “modifying the amount of State-imposed coercion does not cure the constitutional defect.”
The American Studies Association endorsed a resolution in December 2013 to boycott Israeli academic institutions in protest of the central role that they play in Israel’s denial of Palestinian human rights, in an effort to contribute to the larger movement for social justice in Israel/Palestine. The ASA resolution calling for a boycott of Israeli academic institutions is available here, and an explanation of the resolution is available here.
See our letter to Assembly Members.
See CCR’s January 30, 2014 letter to Assembly Members.
See CCR’s statement on the bill’s passage in the New York state senate.
For more information on the legality of academic boycott, please see Palestinian Solidarity Legal Support’s frequently asked questions
Advocates Assert Bill Violates First Amendment February 12, 2014, New York - The Center for Constitutional Rights (CCR), the National Lawyers Guild (NLG) and the Council on American-Islamic Relations-USA (CAIR-USA) sent members of the House of Representatives Education and the Workforce Committee a letter urging them to oppose legislation that would deny federal funding to colleges and universities that participate in a boycott of Israeli academic institutions or scholars. According to the legislation’s sponsors, H.R. 4009 was drafted in response to the American Studies Association’s recent resolution to boycott Israeli academic institutions.
“The Congressional anti-boycott bill is a clear violation of the First Amendment,” said Maria LaHood, Senior Staff Attorney with the Center for Constitutional Rights. “By singling out for punishment advocacy for boycotts aimed at changing Israeli policy, the bill’s sponsors attempt to dictate what kind of political speech is acceptable on college campuses, where free inquiry and debate should be able to thrive without government interference.”
The CCR, NLG and CAIR-USA letter urges lawmakers to recognize that denying federal aid based on such protected speech violates the First Amendment and threatens academic freedom. It stresses that boycotts to bring about political, social and economic change are protected speech under the First Amendment, and warns that legislation to deny public funding in response to the assertion of unpopular views would likely face Constitutional challenges. The letter also notes that the United States is itself a product of a colonial boycott against British, Irish, and West Indian goods.
"This McCarthyist bill seeks to punish universities engaged in the honored American tradition of robust, political debate,” said Azadeh Shahshahani, President of the NLG. “It would have a chilling effect on free speech and advocacy for Palestinian rights."
"It is clearly unconstitutional for members of Congress to attempt to legislate against political viewpoints with which they disagree," said CAIR Government Affairs Manager Robert McCaw. "The same peaceful method of political activism has been used to challenge injustice in America and worldwide, including against one of the greatest forms of injustice in our time -- Apartheid."
The American Studies Association endorsed a resolution in December, 2013 to boycott Israeli academic institutions in protest of the central role that they play in Israel’s denial of Palestinian human rights, in an effort to contribute to the larger movement for social justice in Israel/Palestine. The ASA resolution calling for a boycott of Israeli academic institutions is available here, and an explanation of the resolution is available here.
See the full letter to the House.
See CCR’s letter to New York Assembly Members regarding the New York anti-boycott bill.
For more information on the legality of academic boycott, please see Palestinian Solidarity Legal Support’s frequently asked questions.
The National Lawyers Guild was formed in 1937 as the nation’s first racially integrated bar association to advocate for the protection of constitutional, human and civil rights.
CAIR's vision is to be a leading advocate for justice and mutual understanding. CAIR's mission is to enhance understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.
FOR IMMEDIATE RELEASE February 4, 2014
Donna Nevel - denevel@gmail.com, 917-570-4371 Leslie Cagan - 347-581-1782
In a surprising development that seems to have reflected an outpouring of constituent concern, the New York State Assembly delayed an effort to pass legislation that would undermine academic freedom and free speech.
On January 28th, the New York State Senate overwhelmingly passed a bill targeting the American Studies Association (ASA) because, in December, the ASA had passed a resolution supporting a boycott of Israeli academic institutions. This legislation would prohibit public universities and colleges from using any taxpayer money on groups that support boycotts of Israel. For instance, such funds could not be used for travel or lodging for a faculty member attending a meeting of a group that supports a boycott of Israel.
A similar bill was slated to be discussed and voted on in the Higher Education Committee of the New York State Assembly on Monday, Feb. 3rd. From there it was to be immediately taken up by the Assembly's Ways and Means Committee, followed by the Rules Committee. But at the 11th hour, the bill was taken off the agenda of the Higher Education Committee, thereby slowing the process for the moment. A New York Times editorial Tuesday morning strongly makes the case that the legislation "should be voted down by lawmakers, or, if they prove feckless, Gov. Andrew Cuomo should veto it."Deborah Glick, the chair of the Higher Education Committee, has indicated that the legislation will be reviewed and possibly modified, although no date for this was announced.
Barbara Bowen, President of the Professional Staff Congress (PSC), the CUNY faculty and staff union, said, "This dangerous legislation must not become law. Its passage could lay the groundwork for other attempts to silence debate and opposition on controversial issues. The free exchange of ideas is essential to a meaningful college education, and New York’s students are entitled to colleges where academic freedom thrives. This bill purports to defend academic freedom while actually attacking it. Our members, in coalition with many others, are proud to have helped to slow down this fast-tracked legislation, but we will not stop until the bill is defeated.”
Rebecca Vilkomerson, Executive Director of Jewish Voice for Peace, said, "The reality is that this legislation is a direct assault on our First Amendment right to freely and openly speak our minds in opposition to the policies of any government, including the Israeli government. Imagine if legislation like this was passed during the struggle to end apartheid in South Africa!"
Dima Khalidi, Director of Palestine Solidarity Legal Support and Cooperating Counsel with the Center for Constitutional Rights, said, "We hope that New York legislators have realized that it is inappropriate for them to deny state funds to universities in an effort to silence political speech activities that they personally disagree with. The right to engage in human rights boycotts, used to oppose segregation in the U.S. South, the Apartheid regime in South Africa, and now aimed at achieving equal rights for Palestinians, is protected by the First Amendment. The threat to this right will remain until the New York bill and similar bills in other states are entirely defeated."
Spokespeople available:
Alan Levine Center for Constitutional Rights
Maria LaHood Center for Constitutional Rights
Barbara Bowen President of the PSC, the CUNY faculty and staff union
Lisa Duggan Professor at NYU in the Department of Social and Cultural Analysis, and President Elect of the ASA
Rebecca Vilkomerson Executive Director of Jewish Voice for Peace
The Ad Hoc Group in Support of Academic Freedom and the First Amendment - the coalition working to ensure the defeat of this or any similar legislation - includes the Center for Constitutional Rights, Palestine Solidarity Legal Support, the National Lawyers Guild, the Professional Staff Congress (PSC - CUNY faculty and staff union), Jewish Voice for Peace, Jews Say No!, the American Studies Association and others. In addition, very strong work came from NYSUT (NY State United Teachers), AAUP, NY Civil Liberties Union, and many individuals.
ADDITIONAL MATERIALS:
See CCR and NLG-NYC letter to Assembly Members here.
See NYCLU Statement here.
See Columbia Faculty Letter to NY Assembly here.
See AAUP's statement on the NY and Maryland Anti-Boycott bills here.
See PSC-CUNY's statement here.
The New York State Senate passed a bill on Tuesday, January 28 that would deny state funding to colleges and universities that give funds to entities that support boycotts of Israel and 3 other countries. A virtually identical bill will be considered in the State Assembly's Higher Education Committee on Monday, February 3rd - CALL NY ASSEMBLY MEMBERS NOW! See the Jewish Voice for Peace Action Alert here and below.
See CCR and NLG-NYC's press release and letter to Assembly Members here and below.
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ACTION ALERT
Help stop passage of a bill in the NY State Assembly that will stifle free speech and academic freedom!A bill targeting the American Studies Association (ASA) because it passed a resolution supporting an academic boycott of Israel has been passed in the NY State Senate and is being fast-tracked in the Assembly. If this becomes law it would prohibit public universities and colleges from using any taxpayer money on groups that support boycotts of Israel. Just as dangerous, this law will lay the groundwork for other attempts to silence debate and opposition on other controversial issues.
We have learned that today, Monday, the proposed legislation will move through three Assembly committees. They could even try to bring it to a vote in the full Assembly before they adjourn for the day.
Three key members of the Assembly need to hear from as many people as possible, and these calls need to be made this morning.
If you can only make one call, call the office of Deborah Glick, the chair of the Higher Education Committee: 518-455-4841. If her phone is busy, try again. You can also email her by clicking here.
If you can make a second call, call Assembly Speaker Sheldon Silver: 518-455-3791. If his phone is busy, try again. You can also email him by clicking here.
And if you can make a third call, call Herman "Denny" Farrell, the chair of the Assembly's Ways and Means Committee: 518-455-5491. If his phone is busy, try again. You can also email him by clicking here.
TELL YOUR REPS: I want this bill defeated because it undermines a time-honored method of effecting social and political change - from the segregated South to South Africa! The rush to push this bill through without any public discussion must be stopped. A commitment to democracy means our representatives should at least convene a public hearing before any votes are taken.
For more background and talking points, click here.
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TALKING POINTS RE: NYS ANTI-BOYCOTT LEGISLATION Jan. 31, 2014
What the Legislation Passed by the NY State Senate Says "No college in this state may use state aid provided directly to such college to: fund an academic entity, provide funds for membership in an academic entity or fund travel or lodging for any employee to attend any meeting of such academic entity if such entity has issued a public resolution or other official statement or undertaken an official action boycotting a host country or higher education institutions located in such country."A “host country” is defined as a country in which there is a higher education institution chartered by the NYS Board of Regents. Thus, the prohibition applies only to boycotts against academic institutions in Israel, Hungary, Lebanon, and the Czech Republic.If this legislation becomes law, no college may provide funds for any employee to pay for membership in, or for travel or lodging to attend a meeting of any organization of professors that has issued a resolution boycotting a higher education institution in Iasrael. In other words, the legislation would prohibit a faculty member from getting funds to travel to an American Studies Association (ASA) meeting, even if that meeting is unrelated to the boycott, or the professor herself is opposed to the boycott. If a college violates the prohibition it loses all public funds for that academic year. This applies to public and private universities that receive state funds.
Why We Oppose the Legislation; Why We Are Calling on Members of the NY State Assembly to Vote NO on this Legislation 1. Advocacy in support of a boycott, like all advocacy, is a constitutionally protected form of expression. While such advocacy may be controversial, the First Amendment is a bulwark against government censorship of controversial speech.2. It has been more than 60 years since this legislature sought to prohibit advocacy on any subject or for any point of view. To do so now will return us to the days of McCarthyism, when colleges and universities became places of fear and suspicion, and when vigorous and contentious debate was replaced by a demand for conformity.3. Advocacy of boycotts – and the boycotts themselves - played a substantial role in changing discriminatory policies in the American south and in South Africa, to say nothing of strengthening labor struggles throughout our country. Advocacy of boycotts by activist students and faculty has a long and honorable place in U.S. history. The NY State legislature should not be on record as suggesting that advocacy of such an effective means for promoting peaceful change is somehow illegitimate.
4. Public universities are a critical resource for poor and working-class New Yorkers -- and silencing speech in those institutions by using tax dollars as leverage is a particular assault on the speech and freedom of those who rely on public education.
About the Boycott in Relation to this Legislation 1. It is charged that the boycott violates academic freedom. However, the boycott of universities funded by the Israeli government is directed at the institutional policies themselves, and not at faculty members of those institutions, which is the central concern of academic freedom. As the AAUP has said, " Academic freedom is meaningless if it does not protect those who support unpopular positions, including the advocacy of academic boycotts."2. The boycott of Israeli universities makes no mention of any religious group, and, despite claims of this bill’s supporters to the contrary, does not violate any laws against religious or ethnic discrimination. (https://www.ccrjustice.org/files/FAQonLegalityofBoycott_1.10.14_FINAL_SH.pdf)
3. Sponsors of these bills say that singling out Israeli academic institutions amounts to anti-Semitism and constitutes discrimination. This is false. To equate criticism of the Israeli state with anti-Semitism is as absurd as claiming a boycott of Saudi Arabia for its human rights record is Islamophobic or that criticism of the Chinese occupation of Tibet is hateful against people of Chinese ethnicity.
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