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BDS Tag

Posted by William A. Jacobson on January 29, 2014 9 Comments
This is a small win, but a win is a win. We need a lot more such legal challenges to anti-Israel boycott groups, who  are propagandists and have no compunctions about lying and making up accusations in the worst tradition of Pallywood. Whether it's hummus, coffee cafes, or academic scholars, there is nothing Israeli that the deranged Boycott, Divest and Sanction movement will not attack. SodaStream has been under attack for years, with BDS groups trying to keep the product out of stores and commercials off the airwaves. The BDS movement is so obsessed with SodaStream that it even uses a term, Greenwashing, to complain about SodaStream touting the environmental benefits of its product. SodaStream has a compelling story to tell, however, as a bridge for peace, one we have focused on before: SodaStream just won a case against a French BDS group, getting a small amount of damages but also an order that the group stop claiming that it is illegal for stores to sell SodaStream products. As reported by Haaretz:

Posted by William A. Jacobson on January 29, 2014 3 Comments
We previously have mentioned that the Speaker of the NY State Assembly, Sheldon Silver, is backing an Assembly bill barring use of state funds to support participation in organizations -- such as the American Studies Association -- that conduct academic boycotts, and cutting off state funding for higher education institutions that violate the prohibition. Silver's backing virtually guarantees it will pass the Assembly. Now the NY State Senate has passed a similar, but not identical, bill, as reported by Capitol Confidential:
The state Senate by an overwhelming majority voted for a bill introduced by Sen. Jeff Klein that would prohibit any public or private college or university from using state funds to support through funding any academic entity “if that academic entity has undertaken an official action boycotting certain countries or their higher education institutions.” The bill is in reaction to the American Studies Association’s controversial boycott of Israel over that nation’s treatment of Palestinians. While almost entirely symbolic, the ASA’s action is viewed by Israel’s supporters as a potential camel’s nose under the tent (if you can say that about a controversy involving the Middle East) for broader divestment efforts. Klein amended his original bill, which would have used the bazooka-vs.-fly approach of denying all state funds to any school that supported such an organization. The revised bill includes several carveouts:

Posted by William A. Jacobson on January 28, 2014 11 Comments
On Saturday, January 24, I appeared on the syndicated radio show of our friend Pete "Da Tech Guy" Ingemi. I had a chance to talk about the backround and nature of the anti-Israel Boycott, Divest and Sanction (BDS) movement, most specifically the American Studies Association academic boycott of Israel. See our BDS and ASA tags for background. I discussed how the pushback against the academic boycott has been overwhelming, with over 200 university presidents, the major academic organizations, and 134 Congressmen denouncing the boycott. This fast rejection of the boycott by American civil and political society has made a pariah of the ASA and the supporters of academic boycotts. That is a significant achievement. But it's not enough. I also had a chance to announce the next phase of the opposition to the academic boycott movement (at 9:30)(full audio embedded at bottom of post):
"We're going to continue to push back, and you'll be hearing about those in coming months, we're not stopping now.... [T]he boycott is discrimination on the basis of national origin. While they don't boycott all Israeli academics, they only boycott Israeli academics, and that's national origin discrimination. And we're going to be, you know it hasn't really been publicly announced 'till now, but we're going to be going around the country, and wherever they meet, we're going to insist that universities and that municipalities apply their local anti-discrimination laws to these events. That if they're going to hold an event that's going to discriminate on the basis of national origin, we want the laws enforced as to them just as they would be to any other group. So it's going to be an active year, like I mentioned Legal Insurrection tends to take a fairly active approach to issues, we don't just write about them, we actually pursue them, and we're going to be pursuing them for the coming months and maybe the coming years."
This will be a joint project with Anne Sorock's Capitol City Project. At Legal Insurrection we are chronically short of time, manpower and resources, so CCP's help is greatly appreciated.

Posted by William A. Jacobson on January 22, 2014 4 Comments
Everyone knows that Israel's Knesset is a particularly contentious place, where views are shouted out with great emotion.  I don't believe they have the floor brawls that take place elsewhere, but it's not a place where rhetoric is held back. But when foreign dignitaries visit, that's a different matter entirely. I noted the other day Stephen Harper's wonderful speech before the Knesset, the first ever by a Canadian Prime Minister, Canadian PM Harper: Academic boycott part of “mutation of the old disease of anti-Semitism”. Unfortunately, two Arab members of the Knesset heckled him and walked out when he addressed the academic Boycott, Divest and Sanction movement and the malicious propaganda line -- repeated endlessly on campuses and among some academics -- that Israel is an Apartheid state. I think it's relevant that the heckling and walkout erupted at that moment of the speech.  It shows how important the BDS movement, born as a tactic at the openly anti-Semitic 2001 Durban NGO conference, is to the anti-Israel movement internationally and at home. The Blaze has details:
Canadian Prime Minister Stephen Harper was heckled by an Arab Israeli member of parliament during a speech in which he slammed those who call Israel an “apartheid” state. Knesset member Ahmed Tibi later stomped out of the room as Harper was speaking.... He criticized those who support a boycott of Israel, equating it with historical anti-Semitism. On some campuses, intellectualized arguments against Israeli policies thinly mask the underlying realities, such as the shunning of Israeli academics and the harassment of Jewish students. Most disgracefully of all, some openly call Israel an apartheid state,” Harper said during his Monday evening address.

Posted by William A. Jacobson on January 19, 2014 2 Comments
Because we focus so much on the Boycott, Divest, Sanction movement on campuses, it's easy to get the impression that such anti-Israeli students are the majority. They are not. They are just the loud mouths, who scream, call people names, and built idiotic mock walls and checkpoints -- for which they never include mock suicide bombers or shrapnel backpack bombs for context. While it is true that anti-Israel sentiment has grown among some sectors of the student body, students remain mostly pro-Israel or -- like students tend to be -- apathetic. A case in point to debunk the myth would be The University of Pennsylvania, which has seen some of the worst of the anti-Israel BDS movement, as detailed in my post in February 2012, Anti-Israel sickness on display at U. Penn:
Israel Matzavand JWeekly have good write-ups of the anti-Israel derangement at the University of Pennsylvania, which hosted a Boycott Divest Sanction conference.  Not Boycott Divest Sanction Syria, or Saudi Arabia, or Iran … just Israel. We have featured these anti-Semitic — yes that’s what they are by their actions – before, but they are far more vicious and devious than most people understand, and one of their primary goals is the indoctrination of college students into the anti-Israel movement. This audio shows a U. Penn. professor discussing how to work anti-Israel agitation into classes that have nothing to do with Israel:

Posted by William A. Jacobson on January 17, 2014 11 Comments
A total of 134 Members of the House of Representatives have signed a letter, organized by the offices of Reps. Peter Roksam (R) and Ted Deutch (D) condeming the academic boycott of Israel passed by the American Studies Assoction. The effort was truly bipartisan, with 65 Republicans and 69 Democrarts signing.  The full list of signatories is at the bottom of this post. As previously reported, the congressional organizers were hoping for 50 signatures, so the response was better than expected. Gathering signatures on short notice was difficult, one of the staffers explained to me, because of the press of House business before members left today on break. In a Press Release by the Office of Rep. Peter Roksam, the background of the letter was explained:
Today, a bipartisan coalition of House lawmakers condemned the American Studies Association’s (ASA) academic boycott of Israel. 134 Members of Congress, led by Reps. Peter Roskam (R-IL), Ted Deutch (D-FL), Doug Collins (R-GA), and Brad Schneider (D-IL), sent a letter to ASA President Curtis Marez opposing ASA’s boycott as bigoted and an affront to academic freedom. “We come together—Democrats and Republicans alike—to strongly condemn the ASA boycott, which undermines academic freedom and exhibits flagrant prejudice against the Jewish State of Israel,” said the House lawmakers. “This boycott doesn’t advance peace between Israelis and Palestinians, but only reinforces dangerous stereotypes that limit mutual understanding and cooperation—two things that should be at the very heart of our academic endeavors. We therefore cannot tolerate these ignorant smear campaigns to isolate Israel and deteriorate the historic U.S.-Israel relationship.”
The letter reads, in full:

Posted by William A. Jacobson on January 15, 2014 10 Comments
For background, see my prior posts: The letter will be finalized tomorrow morning as the House goes into recess Friday and many members leave tomorrow afternoon.  The letter is being coordinated through the offices of Representatives Peter Roksam (R) and Ted Deutch (D). With the crush of business before the recess, it's hard to get the attention of Representatives. Is your House Representative on the list of signatories? If not, now is the time to reach out to their offices and find out why not TODAY. You can find your Representative and office contact information here: Find Your Representative. Here is the current list: UPDATE, list closes 9 a.m. Eastern, Thursday, so if your Rep has not signed by then, too late.

Posted by William A. Jacobson on January 14, 2014 6 Comments
Based on its Quarterly publication, the American Studies Association as of last year had 80 Institutional Members. Since ASA announced its academic boycott of Israel, we have confirmed that 6 universities have dropped their Institutional Memberships, while 11 more have denied being Institutional Members despite being so listed. The updated list appears at the very bottom of this post. While over 190 university presidents have denounced the ASA academic boycott of Israel, many have decided either to keep the membership or to leave the decision to individual American Studies Departments.  Some others are switching the membership listing to their American Studies Departments, rather than the full University name. Anything other than a full termination of Institutional Membership, however, opens up the universities to legal liability for national origin discrimination under Title VII of the Civil Rights Act of 1964. That potential liability is explained in a recent article by two attorneys at the Seyfarth Shaw law firm. Seyfarth Shaw is an 800+ international law firm with a 380+ attorney labor and employment law practice. On January 7, 2014, two Seyfarth Shaw attorneys published an article regarding the potential liability of university employers arising out of the ASA academic boycott. In their article, they make points similar to those I made in my challenge to ASA's tax-exempt status: The boycott constitutes national origin discrimination. While I approached it from the angle of whether such discrimination is a valid tax exempt purpose (it's not), the Seyfarth Shaw lawyers approached the problem from the perspective of employer liability under Title VII. Here are relevant portions of the Seyfarth Shaw analysis (emphasis added), including the recommendations of dropping institutional membership in ASA and evaluating whether boycott advocates can serve on hiring and tenure committees.

Posted by William A. Jacobson on January 14, 2014 10 Comments
I reported last Friday on the draft Bipartisan Congressional letter to denounce academic boycott of Israel. The letter reads, in part:
We write in strong opposition to the American Studies Association’s (ASA) recent decision to boycott Israeli universities and academic institutions. While ASA has every right to express its views on policies pursued by any nation or government, we believe that the decision to blacklist Israeli academic institutions for Israeli government policies with which ASA disagrees demonstrates a blatant disregard for academic freedom.... Even more concerning is the singular targeting of Israel for boycott. Like all democracies, Israel is not perfect. But to single out Israel, while leaving relationships with universities in autocratic and repressive countries intact, suggests thinly-veiled bigotry and bias against the Jewish State.
As of Friday, there were 36 signatories. As of yesterday, the number had risen to 57.  [Update - see list at bottom of post for most current numbers and signatories] The final signature list should be released later this week. American civil society has been heard loud and clear, with major academic organizations and 190 University Presidents (as of this writing) rejecting the academic boycott. Now it is the time for American political society to be heard against the anti-Israel academic boycotters, as well. Is your House Representative on the list of signatories? If not, now is the time to reach out to their offices and find out why not. You can find your Representative and office contact information here: Find Your Representative. Tell them the letter is being coordinated through the offices of Representatives Peter Roksam and Ted Deutch.  Give them the link to this post if you send an email. Pick up the phone or send an email right now.  (I emailed my Rep. last night.)

Posted by William A. Jacobson on January 11, 2014 3 Comments
The Modern Language Association House Delegates voted on two anti-Israel Resolutions today. (The Resolutions are at the bottom of this post.) The main resolution, asking for the State Department to contest Israeli denials of entry visas to traveling academics: "Be it resolved that the MLA urges the US Dept of State to contest Israel's denials of entry to the West Bank by US academics...." The language was amended at the last minute to take out the word "arbitrarily" and to delete reference to Gaza. A House of Delegates vote is NOT a binding resolution that commits the organization to action. A resolution, if it passes the House of Delegates, then goes to the Executive Committee, which can reject the resolution for a variety of reasons, including that the resolution would jeopardize tax-exempt status). I would be surprised if the Executive Committee rejected it, since the operative language is so weak. We will have a post later from someone who was in the room. For now, I will post some of the Tweets from those in the room. Notice that there was significant pushback, and that the supporters of the resolution basically said take our word for it, when challenged as to the proof. That apparently was enough. The actual operative language of the resolution is not particularly damaging, and was watered down. But the "wherefore" clauses were highly anti-Israel and pretty-much propaganda. Those "wherefore" clauses will be the main victory for the anti-Israel group. The second resolution was an "Emergency" Resolution asking the MLA to denounce supposed attacks on the supporters of the American Studies Association boycott resolution. That Emergency Motion, which actually was explicitly pro-boycott, was rejected. 

Posted by William A. Jacobson on January 10, 2014 8 Comments
I have obtained a copy of a letter circulating in Congress denouncing the academic boycott of Israel by the American Studies Association. The authors of the letter hope to have at least 50 co-signers (maybe more), split roughly evenly between Democrats and Republicans. Here is the text of the letter, with the initiating four Members of Congress inticated:
Mr. Curtis Marez President American Studies Association 1120 19th St NW, Suite 301 Washington, DC 20036 Dear Mr. Marez: We write in strong opposition to the American Studies Association’s (ASA) recent decision to boycott Israeli universities and academic institutions. While ASA has every right to express its views on policies pursued by any nation or government, we believe that the decision to blacklist Israeli academic institutions for Israeli government policies with which ASA disagrees demonstrates a blatant disregard for academic freedom. The ASA claims that the boycott “is in solidarity with scholars and students deprived of their academic freedom and it aspires to enlarge that freedom for all, including Palestinians.” We believe that this boycott accomplishes just the opposite. The university is an institution intended to foster, encourage, and inspire constructive dialogue and original thought. However, this boycott undermines academic freedom by prohibiting educational and cultural exchanges with Israeli universities and academic institutions.

Posted by William A. Jacobson on January 09, 2014 7 Comments
Shurat HaDin, The Israel Law Center (ILC), founded by Nitsana Darshan-Leitner, has had great success in suing on behalf of terror victims, and otherwise confronting anti-Semitism through the legal process. Among other things, ILC is suing an Australian academic for discriminating against an Israeli researcher as part of the Boycott, Divest and Sanction (BDS) movement. (We featured that suit in our prior post, Academic boycotters don’t want done unto them what they did unto Israelis). Some of the points raised with regard to the difference between expressing an opinion as opposed to imposing a discriminatory boycott are similar to point made in my challenege to the tax-exempt status of the American Studies Association, although in a different context. ILC has taken note of the ASA academic boycott of Israel, and is representing several Israeli academics. ILC today sent a demand letter to the the incoming President of ASA (embedded at bottom of post), demanding that ASA cease and desist from discriminatory practices, or ILC will commence suit on behalf of a group of Israeli professors. (h/t Times of Israel) The letter reads in part:
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