Israel Tag

Would offset funds used to support boycott groups from state aid, unlike prior bill that cut off all state aid...

Over 225 University Presidents have issued statements condeming the anti-Israel academic boycott by the American Studies Association as a threat to academic freedom and education, as have several major academic organizations such as the American Association of University Professors and the Association of American Universities. Of the 80 ASA Institutional Members, at least 8 have dropped their membership and at least 11 have denied being Institutional Members in the first place. It is not an exaggeration to say that ASA has become a pariah in the academic community, and the boycott passed by a vote of less than 25% of the membership (because so few participated) has split the organization. There also has been legislative activity with regard to anti-boycott laws that is stalled because even critics of the ASA boycott are concerned with preserving university and individual academic autonomy. Nonetheless, even though stalled, the legislation does reflect a political backlash against the ASA. Canadian Prime Minister Stephen Harper publicly called the academic boycott part of “mutation of the old disease of anti-Semitism” From the earliest days, the ASA has played victim, mistaking harsh criticism of its boycott as an infringement of its academic freedom.  ASA's incoming President, NYU Prof. Lisa Duggan, also has accused one critic, an author at Forbes, of homophobia.  Others have accused Israel Lobby money of being behind the backlash. All the while, ASA as an organization has sought to put on a happy face, as if none of this troubles them and all is well. But there are significant signs that the backlash is being felt at ASA. First, the ASA activism caucus issued an urgent request to BDS supporters to join the organization to increase individual memberships. Next, ASA has increaed the activity of its non-profit legal advisers to speak out on the subject, defending ASA's boycott. Today I received an Open Letter to college and universities signed by the leftist National Lawyers Guild and other anti-Israel groups and individuals making inflammatory accusations that the Universities that have spoken out against the ASA boycott are engaged in "McCarthy" like witch hunts and are themselves abusing academic freedom by speaking out.

While legislation regarding academic boycotts is stalled in the NY State Assembly after widespread protests, a federal bill has been introduced by House Chief Deputy Whip Peter Roskam (R., Ill.) and Rep. Dan Lipinski (D., Ill.). The bill is embedded at the bottom of this post. Roskam was one of the Congressman behind the Letter signed by 134 Members of the House condeming the anti-Israel boycott by the American Studies Association. The new Bill cuts off funding for institutions of higher education "if the Secretary [of Education] determines that such institution is participating in a boycott of Israeli academic institutions or scholars." "Participation" is defined as:

if the institution, any significant part of the institution, or any organization significantly funded by the institution adopts a policy or resolution, issues a statement, or otherwise formally establishes the restriction of discourse, cooperation, exchange, or any other involvement with academic institutions or scholars on the basis of the connection of such institutions or such scholars to the State of Israel.

My first and quick read is that the Bill, as drafted, is unlikely to accomplish the desired effect. It will make martyrs of the academic boycotters, who are in fact the villains, and amounts to a blunt instrument to deal with a narrow problem. There is no university, that I'm aware of, currently even contemplating an academic boycott of Israel. Also, the definition of "participation" is sufficiently broad that it will ignite serious pushback from universities. The ASA, which had been a pariah, now will be defended by people who are against the academic boycott, but even more against such legislation. I think there are ways to deal with the ASA and related academic boycotts. I'm not sure this Bill is one of those ways, as it puts at risk universities, not the ASA. The story was first reported by Adam Kredo at The Washington Free Beacon:

The “Protect Academic Freedom Act,” jointly filed by House Chief Deputy Whip Peter Roskam (R., Ill.) and Rep. Dan Lipinski (D., Ill.) could serve as a deterrent to other groups considering Israeli boycotts. It would amend the Higher Education Act of 1965 “to prohibit an institution that participates in a boycott of Israeli academic institutions or scholars from being eligible” to receive federal funds, according to text of the legislation. “Attempts to single out Israel for discriminatory boycotts violates the principle of academic freedom guaranteed by the United States,” the bill states.

We have reported about legislation making its way through both the NY State Assembly and Senate seeking to stop state funds being used by state higher educational institutions to support groups that engage in academic boycotts. The bills, though they have different language, are a reaction to the anti-Israel academic boycott passed by the American Studies Association. As I have stated before, I hope the legislature will review the language of the bills very carefully, since there certainly will be challenges. Not surprisingly, claims are being made that the legislation violates the academic freedom of the boycotters. It's the challenge free societies face, that those who seek to destroy what we hold precious get to invoke our laws to protect their destructive actions. So people who seek to destroy the academic freedom of everyone through academic boycotts based on national origin cry that their own academic freedom is violated when good people try to stop the destruction. Already a threat of a constitutional challenge was made in a January 30, 2014 letter to the legislature from the Center for Constitutional Rights, which has a working group devoted to supporting the anti-Israel BDS movement. The letter is embedded at the bottom of this post. The gist of the letter is that this is an unlawful attempt to silence unpopular speech. The letter also misrepresents that the ASA boycott only targets institutions. That is false, as I described in my IRS challenge. ASA adopted the full scope of the BDS boycott, but issued non-binding guidelines that purport to scale it back. Even so, the boycott is directed at Israelis based on national origin, which already is unlawful under the NY State Human Rights law. Jewish Voice for Peace, a group which uses the title "Jewish" to give credibility to its anti-Israeli views, is a big supporter and organizer of the SodaStream boycott. JVP has issued an urgent call to try to stop the NY legislation:

A Resolution passed yesterday by the Philadelphia City Council is a good reflection of how deeply the pushback against the American Studies Association academic boycott of Israel has reached in American civil and political society.  (Full Resolution embedded at bottom of post.)

Condemning the American Studies Association’s academic boycott against Israeli academic institutions and urging the Department of Education, the State System of Higher Education and all colleges and universities in Pennsylvania to reject the academic boycott.

* * *

WHEREAS, The academic boycott of Israeli academic institutions, including colleges and universities, serves to restrict academic freedom and hinders the collaboration and free flow of information between academics all over the world; and WHEREAS, Academic freedom, the free flow of information and ideas and international academic collaboration are crucial factors in promoting progress in all areas of study from the hard sciences and technology to the humanities; and .... WHEREAS, Academic freedom is an indispensable component of a free and democratic society and should be guarded vigilantly; and WHEREAS, The American Studies Association’s call for an academic boycott of Israeli academic institutions threatens academic freedom and should therefore be rejected; now, therefore, be it RESOLVED BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That the City Council condemns the American Studies Association’s academic boycott of Israeli academic institutions and urges the Department of Education, the State System of Higher Education and all colleges and universities in Pennsylvania to reject the academic boycott.

The Philadelphis Resolution was proposed by Councilman Kenyatta Johnson, who made the announcement on his Facebook and Twitter pages.

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.