An Open Letter From California Scholars for Academic Freedom to the 66 Co-authors of California House Resolution 35

[California State Assembly Chambers. Image by David Monniaux. From Wikimedia Commons.] [California State Assembly Chambers. Image by David Monniaux. From Wikimedia Commons.]

An Open Letter From California Scholars for Academic Freedom to the 66 Co-authors of California House Resolution 35

By : Jadaliyya Reports

[Coauthors of HR 35: California Assembly Members Linda Haldeman, Bonnie Lowenthal and: Achadjian, Beall, Block, Blumenfield, Butler, Cook, Fong, Furutani, Galgiani, Gatto, Gordon, Hagman, Mansoor, Miller, Monning, Portantino, and Williams, Alejo, Allen, Atkins, Bill Berryhill, Bonilla, Brownley, Buchanan, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fuentes, Beth Gaines, Garrick, Gorell, Harkey, Hayashi, Roger Hernández, Hueso, Huffman, Jeffries, Jones, Lara, Ma, Mendoza, Mitchell, Morrell, Nestande, Olsen, Pan, Perea, John A. Pérez, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, and Wagner]

 
Dear California Assembly Representatives;

California Scholars for Academic Freedom** opposes in the strongest possible terms House Resolution 35, a resolution which lists each of you as introducers or co-authors, and which was approved with no debate by the California State Assembly on August 28, 2012 [1]. The resolution poses a clear threat to academic freedom in the University of California and the California State University systems.

HR 35 does not create new law, but it calls upon university administrators to deny First Amendment rights to students and faculty. The Assembly resolution states, “[university] leadership from the top remains an important priority so that no administrator, faculty, or student group can be in any doubt that anti-Semitic activity will not be tolerated in the classroom or on campus, and that no public resources will be allowed to be used for anti-Semitic or any intolerant agitation.” The resolution erroneously gives as examples of “anti-semitism”:

  • Discourse on a campus that describes Israel as a racist or an apartheid state. HR-35 implicitly calls for the censorship of lectures and presentations critical of Israel such as might be given by Nobel Peace Prize Laureates Jimmy Carter, Desmond Tutu, and Mairead Maguire, all of whom have used the term “apartheid” in their descriptions of Israel or its policies [2]. Acclaimed author Alice Walker, along with other members of the prestigious Russell Tribunal [3], could also be potentially barred from California campuses if university administrators follow the recommendations of HR-35.
  • Speech that charges Israel with crimes against humanity or ethnic cleansing. HR-35 implicitly calls for the exclusion from university classrooms of reports that document crimes against humanity or ethnic cleansing, as from leading human rights organizations such as Amnesty International and Human Rights Watch. The resolution could also lead to the ban of academic speakers from Israeli universities who have published evidence of ethnic cleansing and crimes against humanity by the state of Israel.
  • Student and faculty-sponsored boycott, divestment, and sanction campaigns against the state of Israel. HR-35 thus seeks to ban nonviolent resistance to the apartheid system of laws in Israel, a resistance analogous to the now celebrated boycott of Apartheid South Africa of previous decades.

Public universities have a special responsibility to protect academic freedom and freedom of speech. Academic freedom allows professors to conduct and disseminate scholarly research, to design courses and teach students in the areas of their expertise, and to enjoy First Amendment protections for extramural speech. These are essential activities for any credible university.

The conflation of criticism of Israel or its policies with anti-Semitism has become a standard tactic by those who seek to censor criticism of Israel. By way of comparison, it would be unthinkable to equate criticism of the government of China or the Free Tibet movement with anti-Chinese racism, despite the identification that many Chinese students feel with China and Chinese culture. Similarly, it would be absurd to equate criticism of governments in Africa with racism against African Americans. It is almost inconceivable to imagine an Assembly resolution that would conflate criticism of Egypt’s government with anti-Arab racism. HR-35 is no less ridiculous for its conflation of criticism of Israel with anti-Semitism. Censorship is not the proper way to counter speech with which one does not agree. Rather, the proper response is to argue with evidence and persuasion – in short, to engage in free speech.

House Resolution 35 undermines the First Amendment and calls for restrictions on speech critical of Israel that go far beyond any such restrictions in Israel itself. Criticisms of Israel that are proscribed by HR-35 are routinely aired in the mainstream Israeli press. We emphasize, however, that we are not suggesting that the boundaries of acceptable criticisms of Israel should be defined by the limits of discourse within Israel. California faculty and students have the right to unrestricted inquiry in this matter, and for that purpose, Palestinian voices are essential, though rarely given the opportunity to be heard on California’s university campuses.

The driving concern behind House Resolution 35 is not anti-Semitism. Indeed, HR-35 itself is fundamentally anti-Semitic because it associates and conflates with Judaism an unending list of well-documented racist policies and crimes against humanity committed by the state of Israel. Far from the worthy goal of fighting real anti-Semitism, this resolution was written to serve the propaganda aims of the government of Israel at the expense of constitutionally protected rights of California residents.

We urge you in the strongest possible terms to publicly renounce House Resolution 35, and to vote to rescind it.

Sincereley,

California Scholars for Academic Freedom

Contact Persons:

David Klein
Professor of Mathematics
California State University, Northridge
david.klein@csun.edu

Rabab Ibrahim Abdulhadi
Associate Professor of Ethnic Studies
Associate Professor of Race and Resistance Studies
Senior Scholar, Arab and Muslim Ethnicities and Diasporas Initiative
College of Ethnic Studies, San Francisco State University
amed@sfsu.edu

Ece Algan
Associate Professor of Communication Studies
California State University, San Bernardino
Ealgan@csusb.edu

Kevin B. Anderson
Professor of Sociology, Political Science, and Feminist Studies
University of California, Santa Barbara
kanderson@soc.ucsb.edu

Houri Berberian
Professor of History
California State University, Long Beach
Houri.Berberian@csulb.edu

Edmund Burke III
Research Professor of History
University of California, Santa Cruz
eburke@ucsc.edu

Judith Butler
Maxine Elliot Professor of Rhetoric and Comparative Literature
University of California, Berkeley
jpbutler@berkeley.edu

Michael Cooperson
Professor of Arabic
NELC, UCLA
cooperso@humnet.ucla.edu

Samera Esmeir
Associate Professor
Department of Rhetoric
University of California, Berkeley
samera.esmeir@berkeley.edu

Gary Fields
Associate Professor
Department of Communication
University of California, San Diego
gfields@ucsd.edu

Caudio Fogu
Associate Professor of Italian Studies
University of California, Santa Barbara
cfogu@verizon.net

Manzar Foroohar
Professor of History
California Polytechnic State University at San Luis Obispo
mforooha@calpoly.edu

Aranye Fradenburg
Professor of English and Comparative Literature
University of California, Santa Barbara
lfraden@english.ucsb.edu

Nancy Gallagher
Professor of History
Study Center Director for the Middle East, UCEAP
American University in Cairo
University of California, Santa Barbara
ngallagher@aucegypt.edu

Jess Ghannam
Clinical Professor
Department of Psychiatry, and Global Health Sciences
School of Medicine, University of California, San Francisco
jess.ghannam@ucsf.edu

Gerry A. Hale
Professor Emeritus
Department of Geography
University of California, Los Angeles
hale@geog.ucla.edu

Sondra Hale, Professor Emerita
Departments of Anthropology and Gender Studies
University of California, Los Angeles
Sonhale@ucla.edu

Nubar Hovsepian
Associate Professor, Political Science & International Studies
Chapman University
hovsepian@chapman.edu

Mary Husain
Mass Communication & Journalism and Communication Departments
California State University, Fresno
mhusain@csufresno.edu

Suad Joseph
Distinguished Professor of Anthropology and Women and Gender Studies
University of California, Davis
sjoseph@ucdavis.edu

Dennis Kortheuer
Department of History
California State University, Long Beach
Dennis.kortheuer@csulb.edu

Rose Marie Kuhn
Professor of French
California State University, Fresno
rosemk@csufresno.edu

Mark LeVine
Professor of History
University of California, Irvine
mlevine@uci.edu

Ahlam Muhtaseb
Associate Professor of Communication Studies
California State University, San Bernardino
amuhtase@csusb.edu

Edie Pistolesi
Professor of Art
California State University, Northridge
edie.pistolesi@csun.edu

Ismail K. Poonawala
Professor of Arabic & Islamic Studies
University of California, Los Angeles
ismailp@gmail.com

James Quesada
Associate Professor
Department of Anthropology
San Francisco State University
jquesada@sfsu.edu

Rush Rehm
Professor, Drama and Classics
Artistic Director, Stanford Summer Theater
Stanford University
mrehm@stanford.edu

Lisa Rofel
Professor of Anthropology
University of California, Santa Cruz
lrofel@ucsc.edu

Vida Samiian, Dean
College of Arts and Humanities
California State University, Fresno
vidas@csufresno.edu

David Shorter
Associate Professor and Vice Chair
World Arts and Cultures/Dance
University of California, Los Angeles
shorter@ucla.edu

Susan Slyomovics
Professor of Anthropology and Near Eastern Languages and Cultures
University of California, Los Angeles
ssly@anthro.ucla.edu

Judith Stevenson, Phd Anthropology
Assistant Professor, Department of Human Development
Director, Peace and Social Justice Program
California State University, Long Beach
Judith.Stevenson@csulb.edu

Baki Tezcan
Associate Professor of History, and Religious Studies
University of California, Davis
btezcan@ucdavis.edu

Howard Winant
Professor of Sociology
University of California, Santa Barbara
hwinant@gmail.com

Stephen Zunes
Professor of Politics and Chair of Middle Eastern Studies
University of San Francisco
zunes@usfca.edu

-----------------------

References

[1] Text of House Resolution 35, http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0001-0050/hr_35_bill_20120828_amended_asm_v97.pdf. Press coverage includes: U.C. report on Jewish campus climate: Results marginalize, misrepresent students critical of Israel http://www.jweekly.com/article/full/66225/u.c.-report-on-jewish-campus-climate-results-marginalize-misrepresent-stude/

[2] CarterTutuMaguire

[3] The Russel Tribunal on Palestine http://www.russelltribunalonpalestine.com/en/sessions/south-africa/south-africa-session-%E2%80%94-full-findings/cape-town-session-summary-of-findings

**CALIFORNIA SCHOLARS FOR ACADEMIC FREEDOM is a group of more than 134 academics who teach in more than 20 California institutions of higher education. The group formed as a response to a rash of violations of academic freedom that were arising from both the post-9/11/2001 climate of civil rights violations and to the increasing attacks on progressive educators by neo-conservatives. Many attacks were aimed at scholars of Arab, Muslim or Middle Eastern descent or at scholars researching and teaching about the Middle East, Arab and Muslim communities. Our goal of protecting California Scholars and students based mainly in institutions of higher education has grown broader in scope. We recognize that violations of academic freedom anywhere are threats to academic freedom everywhere.

 

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412