March 4, 2014, Chicago – A bill that would prohibit public universities and colleges from using any state funds on groups that have made statements in support of, or that participate in boycotts of Israeli academic institutions has been introduced in the Illinois State Senate and will be considered in the Senate’s Higher Education Committee.
Read MoreState 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.
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