Last month, a group of students at University of California at Irvine gathered to protest a screening of the film āBeneath the Helmet,āĀ a documentary about the lives of recruits in the Israeli Defense Forces. Upset about the screening of a film they viewed as propaganda for a foreign military, the students were also protesting the presence of several IDF representatives who here holding a panel discussion at the screening.
That studentĀ protest has since become the subject of an intense controversy. The schoolās chapter of Students for Justice in Palestine is now facing the possibility of being bannedĀ from the campus. In addition, a legal representative for some of the students involved in the protest, Tarek Shawky, told The Intercept that the students were informed by the university that their cases have been referred to the district attorney for criminal investigation.
The day afterĀ the event,Ā the schoolās chancellor released a statement accusing student protestors of ācrossing the line of civility.ā In his statement, posted on the school website, Chancellor Howard Gillman said that āwhile this university will protect freedom of speech, that right is not absolute,ā adding that the school would examine possible legal and administrative charges against the protestors.Ā News reports cited claims that attendees at the film hadĀ been intimidatedĀ and blocked from exiting the event.
The protestors at the event represented a wide range of student groups, including Students for Justice in Palestine, Jewish Voice for Peace, and the Black Student Union. Students who spoke with The Intercept denied that anyone had intimidated attendees at the event or blocked access. āWe heldĀ our protest in a way that reflected university guidelines, we didnāt use amplified sound and we didnāt restrict anyoneās freedom of access to the event,ā says Daniel Carnie, a member of Jewish Voice for Peace who took part in the protest.
Contacted for comment, a mediaĀ relations representative atĀ UC Irvine saidĀ that it was normal practiceĀ for cases like this to be referred to the District Attorney. āIt is routine for UC Irvine Police Department, when called upon to investigate an incident on campus, to forward the investigation to the District Attorneyās office,ā said Cathy Lawhon. āItās then up to the DAās office to determine if any charges are warranted.ā Lawhon added that the school investigation intoĀ banningĀ Students for Justice in Palestine was proceeding separately.
Reached for comment, theĀ Orange County District Attorney stated that they have yet to receive a referral on the case from the school.
The incident is only the latest in which officials at UC Irvine and other major universities around the country have taken harsh measures against pro-Palestinian activists.Ā āThere is a really ugly history of targeting student groups advocating for Palestinian issues,ā says Liz Jackson, a staff attorney with Palestine Legal, a group which provides legal advice and advocacy to individuals in the U.S. advocating for Palestinian rights. āIt suppresses the really important debates about U.S. foreign policy that young peopleĀ need to be having. Instead of being able to engage freely and voice opinions thatĀ challengeĀ the status quo, one side of the debate is just being crushed.ā
A report issued last year by Palestine Legal and the Center for Constitutional Rights documented 152 incidents of free-speech suppression on U.S. campuses in 2014. These incidents have included acts ofĀ censorship, threats of legal action and even accusations of support for terrorism. Citing the threat posed to the First Amendment by such acts, the report added that they were āundermin[ing]Ā the traditional role of universities in promoting theĀ free expression of unpopular ideas and encouragingĀ challenges to the orthodoxies prevalent in officialĀ political discourse.ā
Threats, punishment and intimidation are all being routinely used to stifle dissenting viewpoints on Israel-Palestine, says Omar Shakir a fellow at the Center for Constitutional Rights and a co-author of the report. āUniversity officials areĀ erecting bureaucratic actions to make it harder to hold certain events, imposingĀ administrative sanctions and evenĀ firing andĀ denying tenure to professorsĀ for their views on Israel-Palestine, efforts that collectively represent a grave threat to the First Amendment.ā
For instance, Native American Studies Professor Steven SalaitaĀ lost his tenured faculty position at the University of Illinois in 2014 after being accused of incivility in his online comments on Israel-Palestine. After a public legal battle, last yearĀ the schoolĀ settled a lawsuit filedĀ by Salaita for financial compensation.
In the case of UC Irvine, Shakir addsĀ that the universityās charge of āincivilityā on the part of protestors isĀ a particularly egregiousĀ attempt to stifleĀ protected speech. āAccusations of incivilityĀ have always been used by those in power to justify attempts to suppress changes to the status quo,ā ShakirĀ says. āTheĀ term itself, ācivilityāĀ represents coded language that in the past has been used to try and suppressĀ groups deemed āuncivilized,ā like Native-Americans and African-Americans in the United States. It has no place being used as a basis to silence student activists today.ā
Those views were partly echoed by Ari Cohn, a lawyer with theĀ Foundation for Individual Rights in Education, a campus free-speech organization. āIf allegations that protestors at UC Irvine disrupted the event are substantiated that would not be protected speech, as it would impinge on the speech of others attending the event.ā Cohn added, however, that ācivility in itself cannot be mandated by schools.Ā Incivility plays a fundamental role in much of the social activism on campuses.ā
Threats to speech, have comeĀ not only fromĀ university administrations but from law enforcement as well. In 2010, Osama ShabaikĀ was among a group of eleven students at UC Irvine who were arrested after protesting an appearance by then-Israeli ambassador Michael Oren at the school. Orenās speaking event cameĀ roughly a year after Operation Cast Lead, a three-week Israeli military campaign against the Gaza Strip that killed hundreds of civilians. Intent on making a point about the inappropriate nature of Orenās appearance following the attack, Shabaik and others organized a protest to disrupt the event.
In an incident that was captured on video, ShabaikĀ and several other students repeatedly stood up in the crowd to interruptĀ Orenās speech, chanting slogans againstĀ Israeli military abusesĀ during Cast Lead. The students were detained and ejected from the event, something ShabaikĀ says they had expected. But what came next was stunning. The school administrationĀ referred theĀ students to the police, filing misdemeanor criminal charges against them for disrupting the event. The charges carried a maximum of one year in prison for each of those who protested.
The following year the case went to court, where Shabaik andĀ nineĀ other students were convicted and sentenced to three years probation.
āThe administration was definitely sending a messageĀ and implicitly threatening our futures by having us chargedĀ as criminals for protesting,ā reflects Shabaik today. āAĀ lot of those whoĀ were charged were studentsĀ planning to go on toĀ medical school or law school, and they were worried that having a criminal record would prevent that from happening.ā
Shabaik has since gone on to graduate from Harvard Law School, but is concerned about how his criminal record could affect his future employment prospects. Looking back atĀ the incident, he believes it helped inaugurate a high-levelĀ campaign to silence dissent on Israel-Palestine inĀ the United States, that has since extended to state legislatures.
Earlier this month, New York Governor Andrew Cuomo signed an executive order that would force public institutions in New YorkĀ to divest funds from groups supporting the Boycott Divestment and Sanctions (BDS) movement. The executive order has been criticized as a form of political blacklisting. Shabaik believes Cuomoās proposal echoes his own experience, where powerful institutions and public figures have sought to quash dissent on this issue.
āIts important to understand duality of responses when it comes to free speech. The whole essence of free speech is to challenge power and push back against government repression,ā says Shabaik. āThe move to stop debate on this issue is now leading to crackdowns atĀ state-funded colleges and universities and even at the state legislature level. People are facing seriousĀ threats to their futureĀ forĀ speaking out against the status quo.ā
In recent years, aĀ movement has built, mostly on the political right, which chargesĀ thatĀ free speech is being endangeredĀ on American college campuses. The most prominent voices on this issue have been conservative activists like Breitbart journalistĀ Milo YiannopoulosĀ and Daily WireāsĀ Ben Shapiro. ButĀ liberal writers such as Jonathan Chait have also relentlesslyĀ fixated onĀ theĀ idea that āpolitical correctnessā is stifling freeĀ expression among a new generation of students.
Most of these protestationsĀ have focused on a specific type of speech: the right to āoffendā byĀ speaking against perceived left-wing orthodoxies on race, feminism and cultural issues. The charges of speech suppression in such cases have generally not been leveled at university administrators or law enforcement, but rather at students who view suchĀ speech as offensive. This differs markedly from the Israel-Palestine controversies, where state-funded bureaucracies and government officials have been involved with stifling speech on an issue directly relatedĀ to American foreign policy.
āIts important to distinguish between the ideaĀ that certain views are notĀ popular on campuses, something that may be worthy of discussion separately, and the phenomenon of public institutions and officials taking directĀ action to restrict speech about vital aspectsĀ of government policy,ā says Shakir of the Center for Constitutional Rights. āTheĀ core of the First Amendment defends the right to free speech on campuses, andĀ we should all be concerned when McCarthey-esque tactics are being used by those in positions of power to silenceĀ debate on issues of global importance.ā
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