American Studies Association | Le·gal In·sur·rec·tion - Part 7
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Posted by William A. Jacobson on December 20, 2013 7 Comments

Just a word of thanks to Legal Insurrection readers. The pushback against the anti-Israel academic boycott is gaining momentum. An increasing number of universities and University Presidents are stating their positions against the boycott. Not a single university or major academic group has come out for...

Posted by William A. Jacobson on December 20, 2013 14 Comments
I previously sent an email to President of Princeton regarding academic boycott of Israel and specifically inquired as to whether Princeton would drop its Institutional Membership in the American Studies Association so long as ASA imposes an academic boycott on Israeli academic institutions and scholars.  Both Penn State Harrisburg and Brandeis have dropped their Institutional Memberships.  The Association of American Universities has come out with a strongly worded denunciation of the academic boycott oof Israel. I just received the following statement from Princeton's press spokesman on behalf of President Christopher L. Eisgruber:
Thanks for your email to President Eisgruber about the American Studies Association’s boycott of Israel. In correspondence with Princeton alumni who have asked about the boycott, President Eisgruber has said,
I share your dismay at the American Studies Association's misguided boycott. Academic boycotts are almost always bad policy--scholarly engagement helps to sustain and build liberal democratic values. For that reason, among others, I believe that Princeton should continue to work constructively with scholars and institutions throughout the world, whether one admires or dislikes the government under which they operate. And, whatever one thinks of boycotts in general, to single out Israel alone is indefensible.

Posted by William A. Jacobson on December 20, 2013 2 Comments
Willamette University joins an increasing number of universities rejecting the anti-Israel academic boycott, but in a twist, denies having any knowledge as to why ASA lists it as an Institutional Member. The ASA considers Institutional Memberships to be important indicators of university support which is why it highlights the list:
Institutional members help to insure the continuity, development, and enhanced usefulness of a dynamic, professional, scholarly organization dedicated to broadening and intensifying the study of American life and civilization. They help to promote interdisciplinary activity and programs, working toward the lowering of rigid barriers of approach and technique, and the cooperation of scholars in various disciplines in a vital, international field of study. Institutional members also help to stimulate intellectual and professional activity among their own faculty. We depend on institutional dues to carry on many of our current activities and to develop new programs and services.
Willamette University is listed as one of the Insitutional Members of ASA in the ASA Quartely and Annual Meeting materials. Stephen Thorsett, President of Willamette University, communicating with a Legal Insurrection reader, rejected the boycott and indicated that Willamette was unaware of its Institutional Membership.  Here is the exchange, in part (emphasis added):

Posted by William A. Jacobson on December 20, 2013 9 Comments
Robert A. Brown, President of Boston University, will be issing a formal statement rejecting the Amercian Studies Association's anti-Israeli academic boycott.  The statement is not yet posted on BU's website, but was obtained by Legal Insurrection and confirmed with the President's office. President Brown, however, is deferring the decision on withdrawal of Institutional Membership to the American and New England Studies Department on grounds of the academic freedom of that department. Here is an email from President Brown to a Legal Insurrection reader announcing the statement and the membership deferral.  We confirmed with the President's office the authenticity of the email:
Thank you for your email expressing your concern about the recent vote of the American Studies Association (ASA) to boycott Israeli universities. Please see below my formal statement about this unfortunate action by the ASA.
I am disappointed and concerned that the American Studies Association, invoking the principle of academic freedom, would vote to boycott Israeli academic institutions. Research, teaching, and scholarship flourish through robust exchange of ideas, across borders and among institutions in different parts of the world. Universities and their faculties can often transcend even profound political differences. It is ill-advised to make academic institutions the instrument with which to promote a political agenda by attempting to isolate students and scholars. Boston University cannot support this boycott.
I hope that there will be a serious discussion within our American and New England Studies Program which has an institutional membership in the ASA which, obviously, is funded by the University. This institutional membership does not come with a vote that is exercised by either the program or the University. The poll taken by the ASA represents the votes of individual members of the organization. We are not prepared to suggest (implicitly or explicitly) to faculty members who hold individual memberships (some of which are funded out of professional funds allocated to individual faculty members) how they should vote. That would lead us onto a slippery slope. I do hope the faculty in the American and New England Studies Program will consider whether or not continuing membership in the ASA will create the opportunity for a temperate and thoughtful reconsideration of the wisdom of the boycott.

Posted by William A. Jacobson on December 19, 2013 6 Comments
Readers have been very good at posting contact information in the comment section at the Reader crowdsourcing project to fight American Studies Assoc anti-Israel boycott You also need to start sending emails to Presidents, Trustees and others who have a stake when a university lends its name and funds to an organization engaged in an academic boycott which would include boycotting the university's own joint programs and scholars. Even though membership decisions typically are made at the department level, where many of the Israel-haters rule, the decision has university-wide implications. The membership is in the university name and the boycott affects university programs and scholars beyond the American Studies department. Moreover, use of university funds to subsidize ASA is a university decision, and in the case of public universities, also involves the state. As of this writing, I still have not received a response to My email to President of UT-Austin regarding academic boycott of Israel. Here is the email I sent yesterday to the President of Princeton University, one of the Institutional Members of the American Studies Association and an institution that supports the ASA financially through covering costs of attending ASA meetings.
To: Christopher L. Eisgruber [eisgruber@princeton.edu] CC: Martin A. Mbugna, Communications [mmbugua@princeton.edu] Mary DeLorenzo, Asst. to the President [maryd@princeton.edu] Dear President Eisgruber: Princeton University is an Institutional Member of the American Studies Association (ASA), contributing its good name and dues to the ASA, and also funding ASA indirectly through covering the cost of attending the ASA annual meeting. The ASA just adopted an academic boycott of Israel. The American Association of University Professors has rejected academic boycotts of Israel in general, and has rejected the ASA boycott specifically, on grounds of violation of academic freedom. The anti-Israel academic boycott also amounts to discrimination on the basis of national origin as Israeli academics will be subjected to verification procedures not applicable to academics from any other nation. The ASA boycott is pernicious because it includes boycott of programs run by Israeli academic institutions and encourages American academics to police compliance with the boycott. You can find an explantion in my prior post about the boycott.

Posted by William A. Jacobson on December 18, 2013 5 Comments
Brandeis University becomes the second confirmed university to drop its Institutional Membership in the American Studies Association over the anti-Israel academic boycott. Earlier we reported that Penn State Harrisburg would be dropping its membership. The real key will be whether universities also will refuse to allow university funds to be used to subsidize attendance at ASA events, which is how ASA makes most of its revenue. Yair Rosenberg at Tablet Magazine reports:
Brandeis University has become the second institution to withdraw from the American Studies Association, following the organization’s decision to boycott Israel. “We view the recent vote by the membership to affirm an academic boycott of Israel as a politicization of the discipline and a rebuke to the kind of open inquiry that a scholarly association should foster,” Brandeis’s American Studies Department posted on their web site. “We remain committed to the discipline of American Studies but we can no longer support an organization that has rejected two of the core principles of American culture–freedom of association and expression.”
The Brandeis statement reads:

Posted by William A. Jacobson on December 18, 2013 16 Comments

I just sent my first e-mail to a University President regarding the academic boycott of Israel by the American Studies Association, and the similar boycott just announced by the small and relatively new Native American and Indigenous Studies Association. I could not find a direct e-mail...

Posted by William A. Jacobson on December 18, 2013 77 Comments
I have received a surprisingly large number of emails of support from people outraged at the anti-Israel academic boycott passed by the American Studies Association.  Almost all of those emails come from new readers. The question many of them ask is what they can do to help me not only in the challenge to ASA's tax-exempt status, but also to oppose the boycott. Readers can take action themselves by contacting University Presidents and Trustees for those 83 universities who are Institutional Members of the ASA, as well as the head of the university sytem for state institutions. Institutional Membership lends the good name of the university to a boycott that is anti-academic freedom and that subjects visiting Israeli scholars and faculty who hold joint appointments to discrimination on the basis of national origin.  Those memberships also likely reflect that university funds are used to support faculty participation in ASA events, ASA's main source of revenue. I will be writing today to the President of Cornell University, whose Cornell-Technion campus being built in New York City will be subject to the boycott and whose visiting Israeli scholars and joint appointees will be subject to discrimination by ASA on the basis of national origin. I also think it is appropriate to contact Senators, Congressmen, and Governors (for state university systems who maintain an Institutional Membership) since taxpayer money is used to subsidize participation in ASA events. It would be nice to have a single contact list, right? That's where you can help me.

Posted by William A. Jacobson on December 17, 2013 16 Comments
As detailed in numerous posts over the past weeks, the American Studies Association has passed an academic boycott of Israeli universities. Although the resolution does not make this distinction, ASA asserts in its explanation that the boycott applies only to the institutions and "not individual scholars, students, or cultural workers who will be able to participate in the ASA conference or give public lectures at campuses, provided they are not expressly serving as representatives or ambassadors of those institutions, or of the Israeli government." The explanation continues that the boycott also applies to "participation in conferences or events officially sponsored by Israeli universities." This would mean the boycott applies to programs and projects jointly sponsored by U.S. and Israeli academic institutions, like the Cornell-Technion campus under construction in New York City, the Brandeis-Middlebury Program at Ben Gurion University, dozens of other programs for terms abroad in Israel run by U.S. universities but hosted at Israeli universities, and many other joint university programs. In the talking points ASA provided to its members on how to address criticism from University Administrators, Deans and Faculty, ASA states that "U.S. scholars are not discouraged under the terms of the boycott from traveling to Israel for academic purposes, provided they are not engaged in a formal partnership with or sponsorship by Israeli academic institutions." Now you can see how pernicious the ASA academic boycott becomes. ASA's boycott requires monitoring of individual Israeli scholars interacting with ASA and having such scholars disavow representation of their institutions.  No scholar from any other nation is required to disavow representation of their institutions.

Posted by William A. Jacobson on December 16, 2013 28 Comments
An announcement just was posted on the American Studies Association website, and reads in part:
ASA Members Vote To Endorse Academic Boycott of Israel The members of the American Studies Association have endorsed the Association’s participation in a boycott of Israeli academic institutions. In an election that attracted 1252 voters, the largest number of participants in the organization’s history, 66.05% of voters endorsed the resolution, while 30.5% of voters voted no and 3.43% abstained. The election was a response to the ASA National Council’s announcement on December 4 that it supported the academic boycott and, in an unprecedented action to ensure a democratic process, asked its membership for their approval....
Of note, the total number of votes equals only about one-quarter of the total ASA membership of 5000. Those voting Yes represent approximately 16% of the total membership, yet it will be a vote that will stain the ASA for years to come. As I announced prior to the vote result, the Tax-Exempt Status of American Studies Association to be challenged if Israel boycott resolution passes. More to follow: So what's my take-away from this? I'm most shocked at the low turnout for the vote.  Given the time and energy devoted by the anti-Israel backers of the boycott, only 825 or so votes were in favor.  At the same time, opponents (who were ambushed by the proposal) only managed to get about 375 people interested.  Effectively, most people didn't care.  Apathy is perhaps the saddest lesson from this given the odious nature of the proposal, and it's how anti-Israel zealots are able to drive issues far out of proportion to their actual numbers.

Posted by William A. Jacobson on December 15, 2013 24 Comments

As I have previously indicated, I believe the anti-Israel academic boycott resolution of the American Studies Association calls into question ASA's 501(c)(3) tax exemption. Voting on the resolution ends at 11:59 p.m. on Sunday, December 15.  If the resolution passes, I intend on challenging ASA's 501(c)(3) status through...

Posted by William A. Jacobson on December 15, 2013 15 Comments
The U.N. General Assembly in 1975 passed the odious Zionism is Racism resolution, which has since been rescinded. Voting closes today at the American Studies Association on an equally odious resolution singling out Israel, and Israel alone, for academic boycott. It is, as former Harvard President Lawrence Summers notes, "anti-Semitic" in its effect "if not in intent." The resolution has been harshly criticized by the American Association of University Professors and eight Past Presidents of the ASA as an abominable attack on academic freedom, among many other denunciations:
In no other context does the ASA discriminate on the basis of national origin—and for good reason. This is discrimination pure and simple. Worse, it is also discrimination that inevitably diminishes the pursuit of knowledge, by discarding knowledge simply because it is produced by a certain group of people.
Nonetheless, the anti-Israel venom is so strong among the leadership and membership of the ASA, that there is a strong possibility the resolution will pass. Reading the comments and arguments of those favoring the anti-Israel academic boycott, there is little doubt that they view Zionism as Racism and would equally support the now discredited 1975 U.N. Resolution if put to a vote at the ASA.
(full speech embedded at bottom of post)