CCR, NLG and CAIR-USA Ask House Education Committee to Oppose Anti-Boycott Bill

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.

Anti-Boycott Bill Delayed in NY State Assembly

FOR IMMEDIATE RELEASE February 4, 2014

New Yorkers Fight to Protect First Amendment Rights and Academic Freedom

Press contacts:

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.

See NYSUT's statement in this article.

See New York Times Editorial, February 4, 2014, here.

IMMEDIATE ACTION NEEDED! CALL NY ASSEMBLY MEMBERS!

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

Make your voice heard today, Monday Feb. 3rd. 

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.

CCR and NLG-NYC Appeal to New York Assembly to Oppose Anti-Boycott Bill

http://ccrjustice.org/newsroom/press-releases/ccr-and-nlg-nyc-appeal-new-york-assembly-oppose-anti-boycott-bill

Advocates Argue Bill Violates First Amendment

press@ccrjustice.org

January 31, 2014, New York - The Center for Constitutional Rights (CCR) and the National Lawyers Guild- New York City Chapter (NLG-NYC) sent New York Assembly Members a letter urging them to oppose pending legislation that would deny state funding to colleges and universities that fund membership and activities in organizations supporting boycotts of a list of countries, including Israel. According to the legislation’s sponsors, the bills S.6438 (passed in the state Senate on January 28) and A.8392 (on the agenda of the Assembly’s Higher Education Committee February 4th) were drafted in response to the American Studies Association’s recent resolution to boycott Israeli academic institutions.

“The New York legislature’s anti-boycott bills are unconstitutional, a threat to academic freedom, and a disgrace,” said Maria LaHood, Senior Staff Attorney with the Center for Constitutional Rights. “The bills’ sponsors have not even tried to veil their intent to stop concerned citizens from using a nonviolent and historical tool for social change, because it’s aimed at Israel’s policies.”

The CCR and NLG-NYC letter urges lawmakers to recognize that denying state 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 legislation to punish boycotts of the South African apartheid regime “would have been an unacceptable outcome then, and it is an unacceptable outcome now.”

“Regardless of whether one agrees or disagrees with a cause that a boycott is addressing, or whether a boycott is an appropriate way to address that cause, the First Amendment right to engage in a boycott aimed at bringing about political and social change must be upheld and protected,” said Elena Cohen, President of the NLG-NYC.

The American Studies Association endorsed a resolution in December, 2013 to boycott Israeli institutions in protest of the Israeli occupation and Israel's discriminatory laws and policies towards Palestinian students and scholars in the West Bank, Gaza Strip and inside Israel.  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 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.

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.

CCR and Palestine Solidarity Legal Support Respond to the New York Senate’s Passage of Anti-Boycott Bill

January 29, 2014, New York  – The New York Senate passed S.6438, legislation drafted in response to the ASA resolution calling for a boycott of Israeli academic institutions, yesterday afternoon.  The legislation would defund academic entities which choose to boycott, imposing an unfair price on protest by students and academics at public institutions across New York. In response to the New York Senate’s passage of S.6438, the Center for Constitutional Rights (CCR) and Palestine Solidarity Legal Support (PSLS) issued the following statement by PSLS Director and CCR Cooperating Counsel, Dima Khalidi:

The anti-boycott bill targets core political speech and raises serious constitutional red flags.  If this bill goes forward it is likely to face constitutional challenge in the courts.

Boycotts to bring about political and social change, which would be targeted by this bill, are unquestionably protected speech under the First Amendment. Our country has a long tradition of boycotts, from the Montgomery bus boycott led by Dr. Martin Luther King, Jr., to the boycott of Apartheid South Africa, recently celebrated at the passing of President Nelson Mandela.

Courts have been very clear that the denial of funding, where motivated by a desire to suppress speech, is prohibited by the First Amendment.

For more information on the legality of academic boycott, please see Palestinian Solidarity Legal Support’s frequently asked questions

CCR, Palestine Legal Respond to Lawsuit Threat Against ASA, Calling it “Baseless”

January 21, 2014:  The Center for Constitutional Rights (CCR) and Palestine Legal today responded on behalf of the American Studies Association (ASA) to a “cease and desist” letter from Shurat HaDin - The Israel Law Center threatening a lawsuit against the academic association if it does not “immediately take all necessary steps to cancel the boycott of Israeli institutions and academics.” The response from CCR and Palestine Legal dismisses as “baseless” Shurat HaDin’s charges of discrimination. It states: “ASA’s action could not be considered discrimination, let alone discrimination “because of” animus toward the religion, race or national origin of any individual; ASA’s actions are undertaken “because of” the policies of politically-accountable leaders in the Israeli government.”  Moreover, “BDS strategies and this resolution are each grounded in the same anti-discrimination principles as other historical divestment and boycott strategies used to protest repressive state practices, including those employed against the South Africa apartheid regime and racial segregation in the United States.”  It is precisely these kinds of boycott, which aim to effect “political, social and economic change,” that the United States Supreme Court has held to be constitutionally protected speech activities.

Since the ASA’s endorsement of a resolution to boycott Israeli academic institutions in December 2013, attacks against the organization have included waves of hate mail to the organization and its members, a complaint submitted to the IRS to strip the association of its tax-exempt status, and efforts in the New York legislature to withdraw or withhold state funds from universities that support organizations promoting “discriminatory boycotts.”  Shurat HaDin’s letter now threatens to sue the ASA under New York State anti-discrimination laws.

The letter notifies Shurat HaDin: “If you proceed with a suit against ASA based on these meritless claims of discrimination, and in ignorance of basic First Amendment protections, ASA will defend its position vigorously, including seeking costs and any applicable sanctions.”

The full letter is available here.

CCR, PSLS, Say Lawsuit Threat Against Academic Association is Legal Bullying

info@palestinelegalsupport.org January 10, 2014:  Yesterday, Shurat HaDin, an Israeli legal organization, threatened to sue the American Studies Association (ASA) for its December, 2013 endorsement of a resolution to boycott Israeli academic institutions in protest of Israel’s discrimination and human rights abuses against Palestinians.

The Center for Constitutional Rights and Palestine Solidarity Legal Support issued the following statement in response:

Shurat HaDin seeks in vain to punish speech that is fully protected by the First Amendment. The resolution to boycott Israeli academic institutions joins a proud history of political and human rights boycotts in the U.S., which have resisted race discrimination and human rights abuses in the U.S. and around the world, and which the United States Supreme Court has held are protected speech. The threat to sue the ASA cynically claims that the academic boycott resolution constitutes discrimination under U.S. law, and under the International Convention to End all Forms of Racial Discrimination – a Convention that Israel itself violates in its abuse of Palestinians.  It is those violations of Palestinian rights that academic boycott protests.

This threat is the latest in a pattern of legal bullying that has escalated in the U.S. as the movement for Palestinian rights has grown. An academic boycott in fact violates no anti-discrimination laws because it does not target any individual or institution based on their Jewish identity or Israeli citizenship. Rather, it is aimed at institutions with direct relationships to the Israeli government. Shurat HaDin’s attempt to paint this principled action as anti-Semitic and discriminatory against Israelis is not only legally bankrupt, but also trivializes important struggles against anti-Semitism and all other forms of racism.

For more information on the legality of academic boycott, please see the Palestinian Solidarity Legal Support’s Frequently Asked Questions.

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.

Palestine Solidarity Legal Support (PSLS) engages in coordinated and strategic legal advocacy to protect and advance the constitutional rights of Palestinian human rights activists across the U.S.  PSLS is an initiative built in partnership with the Center for Constitutional Rights, and in collaboration with the National Lawyers Guild and other groups.  We aim to build the power of activists to withstand the concerted assault on free speech and continue advocating for Palestinian human rights. PSLS documented over 100 repression incident in 2013 alone, the majority of which targeted academic discussion or political activity on college campuses.