UC SJP Position Paper on Intolerance
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Transcript of UC SJP Position Paper on Intolerance
Position Paper on Issues Surrounding the University of California’s Proposed “Principles Against Intolerance”
Students for Justice in Palestine chapters at the University of California have issued the following position paper on the “Principles Against Intolerance” being
discussed by a working group of the University of California Regents.
Table of Contents
1. Background 2. Position on the University’s Responsibilities to Protect Free Speech 3. Position on AntiSemitism 4. Position on the “3D” Definition of AntiSemitism 5. Concerns about the Effects of Adoption 6. What Should be Done?
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Background
Students for Justice in Palestine (SJP) chapters at the UC system are independent student organizations which work in solidarity with the Palestinian people. Our members come from all segments of the UC community, particularly Palestinian students. We educate and advocate in support of Palestinian human rights and freedom and against policies and actions that perpetuate the nearly half century of occupation and longer history of dispossession that Palestinians have experienced. This ranges from grassroots educational work and events to organized boycott and divestment campaigns.
Our work in support of Palestinian freedom, justice, and equality is rooted in our
larger commitment to social justice. This commitment places us in opposition to all forms of racism, bigotry and discrimination towards anyone on the basis of race, ethnicity, gender, sexuality, ability, class, religion or national origin. This is demonstrated in numerous public statements by our organizations, our constitutions which are on file with our campuses’ Student Activities Offices, and through our actions in solidarity with other groups facing issues of bigotry and racism.
Thus, we do not find ourselves in conflict with the UC Regents’ attempt to issue a
statement against intolerance. Rather, the UC Regents’ increased attention to these issues is a welcome step given the long history of racism on our campuses. If such an effort can reduce the bigotry faced by Palestinian students and other members of SJP chapters in general and particularly when advocating for their political positions , then 1
this effort will be all the more beneficial for us.
1 See one of many examples here: http://dailybruin.com/2015/11/12/offensiveposterstargetingsjpresurfaceoncampusforthirdtime/ Such offensive posters have been found on most Southern California UC campuses over the past year, including recently at UC San Diego.
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Position on the University’s Responsibilities to Protect Free Speech
Students and faculty at the UC, particularly Palestinians, have historically and
recently been subject to threats to free speech by the UC or outside entities pressuring UC administrations . These include unconstitutional recommendations in the 2012 UC 2
Campus Climate report , rejected Title VI claims against several UCs , an attempt to 3 4
shut down a Palestinian student’s academic freedom at UC Riverside , and, most 5
recently, an effort to deny funding to graduate organizations that endorse or are associated with proPalestinian groups . 6
We unequivocally oppose any and all activities by the UC Regents that would
limit or chill free speech. We believe that any effort to improve campus climate that prohibits or threatens the free speech of students, faculty, or staff ultimately does more long term and widespread harm to the university than good. We also support the principles of academic freedom outlined by the American Association of University Professors . We second the warnings issued by the UC Academic Senate’s Academic 7
Freedom Committee about the threats to speech and research posed by the potential Principles Against Intolerance . 8
2 See: http://sjpwest.org/2012/10/11/timelinetheuniversityofcaliforniarecord/ 3 See: http://sjpwest.org/2013/01/01/uclaundergraduatecouncilrejectscampusclimatereports/ 4 See: http://sjpwest.org/2013/09/03/sjpweststatementondismissaloftitleviclaimsat3ucschools/ 5 See: https://electronicintifada.net/blogs/norabarrowsfriedman/amchaattemptblockpalestinianvoicesuniversitycoursefails 6 See: http://palestinelegal.org/news/2015/11/18/palestinelegalandpartnersdemandthatuclaceasediscriminationagainstsupportersofdivestmentfromisrael 7 See: www.aaup.org/file/1940 Statement.pdf 8 See: http://senate.universityofcalifornia.edu/committees/ucaf/documents/UCAFmemotoRegentsworkgrouponintolerance_10.19.2015.pdf
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Position on AntiSemitism: We understand antiSemitism to be hatred of, prejudice against, hostility towards,
or discrimination against Jewish people a form of bigotry that is manifested in a variety of ways in societies around the world. We unequivocally oppose this form of bigotry as we do all others.
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Position on the “3D” Definition of AntiSemitism:
We see the “3D” definition of antiSemitism (speech that demonizes Israel, delegitimizes Israel, or applies a double standard to Israel) as a definition that conflates criticism of Israel with antiSemitism. Because criticism of a state’s policies and practices is not an expression of bigotry towards a people, we oppose this definition. We believe that the “3D” definition is inappropriate at the UC for 4 overarching reasons.
1. Many Jewish students are not aggrieved by criticism of the State of Israel:
Jewish identity and the state of Israel are not contiguous. Many Jewish students, including members of SJPs, attest to the fact that they do not identify with the state, refuse to identify with the state until it changes its policies, or identify with the state but do not feel personally attacked when the state is criticized. Thus, associating criticism of Israel with antisemitism excludes many Jewish students. This does not mean that we do not understand the position of Jewish students who do identify with Israel, but that position is not universal among all Jewish students, and particularly not among Jewish students who are members or allies of Students for Justice in Palestine, and who are often excluded from groups that claim to speak for the entirety of the Jewish community. 9
2. The definition redefines criticism of states as bigotry towards their citizens:
By associating criticism of Israel with antisemitism, this definition inappropriately
places routine political speech commonly used to pressure states to change their actions into the realm of bigotry. Criticism of other countries is not considered bigotry against residents of those countries indeed that criticism is often a fundamental step in the process of encouraging changes in the behavior of governments around the world.
3. Each component of the “3D” definition is vague, open to competing interpretations, and sure to chill both academic and political speech:
Each component of the “3D” definition is so vague and so poorly defined that, even if our first two overriding concerns did not exist, it could not be implemented on campus in a way that did not lead to outright or implied censorship of speech about Palestine. Consider the following examples:
9 See: http://www.openhillel.org/about.php and https://jewishvoiceforpeace.org/stiflingdissent/
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a. Demonization
The definition makes little attempt to clarify the boundaries around this concept.
Although it provides some egregious examples of actions and speech that SJPs do not engage in, it makes little other effort to explain what this term would mean when applied to a UC campus’ political environment. Would criticism of Israel’s policies be considered demonizing? Would calling for social and economic pressure on the state to incentivize changes in its policies be considered demonizing?
One example might be the use of the word “apartheid” in reference to the Israeli occupation. Some students who identify strongly with the State of Israel may feel that use of this word amounts to demonizing Israel, in that it makes an implicit parallel between Israel and apartheid South Africa. Yet this is not a parallel made lightly, but is in fact an area of intellectual inquiry, including by Israeli and South African academics. 10
b. Delegitimization
Again, the definition makes no attempt to explain what speech falls under the
category of delegitimization and what speech does not. As Erwin Chemerinsky pointed out in the Los Angeles Times, “If a student states that Palestinians should have a right of return, is she seeking to delegitimize Israel or just airing a controversial opinion?” If a 11
student says that Israel should exist as a country that treats all of its citizens with legal equality, is this delegitimization?
c. Double Standards
The definition suggests that demanding Israel take actions that are not
demanded of other states would be considered antisemitism. But it is hard to know what this would mean in practice. As the Los Angeles Times asked, “Would proPalestinian students who mounted a protest against Israeli policies in the West Bank be judged antiSemites because they didn't also demonstrate against repression in Egypt or Russia?” It is clear that this standard reflects little understanding of how advocacy 12
groups work. While SJP is primarily focused on the issue of Palestine, this does not
10 See: Yiftachel, Oren. 2009. “"Creeping Apartheid" in IsraelPalestine”. Middle East Report, no. 253. Middle East Research and Information Project (MERIP): 7–37. and Soske, John & Jacobs, Sean. 2015. Apartheid Israel: The Politics of an Analogy. Chicago, Il: Haymarket. 11 See Chemerinsky’s article here: http://www.latimes.com/opinion/oped/laoe0925chemerinskyucspeechregulation20150925story.html 12See the LA Times editorial here: http://www.latimes.com/opinion/editorials/laedantisemitism20150716story.html
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mean that the organization and its members do not support other issues of social justice in other parts of the world, including issues in their own local communities in California. But maintaining an organizational focus on one issue while trusting that other organizations will effectively advocate on other issues is a common and important way to build an effective organization over the long term.
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Concerns about the Effects of Adoption: In addition to opposing the “3D” definition for all the reasons stated above, we
wish to draw attention to the frightening scenario of implementation that would unfold on our campuses should the Regents adopt this or other similar definitions. Who would monitor speech? Who would determine what speech fit or did not fit a particular definition? What metric would be used? Would individuals have any right to respond to these labels? What penalties might exist? These questions illustrate what kind of world the UC would enter should it adopt definitions of speech.
The future implications for the adoption of such parameters are extraordinarily
troubling, but we are already beginning to see students and faculty worry about the effects of these proposals on their work and speech. Unfortunately, the positions of some advocates of the “3Ds” provide plenty of reason for students to be afraid. Some proponents of the definition have stated that they wish to classify boycott and divestment activism, mock apartheid walls, and campus weeks of action as antisemitic. Not only 13
does this represent a large range of SJP work, but it strikes us as an attempt to shut down a debate rather than engage in it. Instead of calling for restrictions on speech, we invite a debate on the issues because we trust that our positions in favor of equality and human rights will ultimately prove most persuasive to the general public.
13 See comments made by Tammi Rossman Benjamin here: http://forward.com/news/national/309450/whatisantisemitism/
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What Should be Done?
As we stated in the outset, we oppose all forms of racism and bigotry and potentially welcome the UC Regents increased focus on these issues.
We believe that an approach focused on acts such as discrimination, vandalism,
or violence is a much more productive way to address issues of campus climate than attempting to create labels for speech.
However, we believe that the UC Regents should not take steps that would actively or by implication regulate speech in any way. This is a position that is consistent with our reaction to incidents of hate speech against our own communities . 14
Rather, the university should promote the free and open exchange of ideas and
create more spaces for students to learn and debate issues of contemporary importance at the local and global level.
In addition, we urge the UC to consider structural racism on our campuses. Structural racism, and particularly the underrepresentation of several minority groups on our campuses, is a deeply unjust dynamic that the UC administration can do a great deal to remedy.
Finally we urge the UC to acknowledge the fundamental importance of both free
speech and academic freedom to a functional UC community issues already raised by the UC Academic Senate’s Committee on Academic Freedom . The UC Regents should 15
specifically commit to respecting these principles in any and all deliberations they engage in with respect to their Principles against Intolerance.
14 See http://dailybruin.com/2015/11/12/offensiveposterstargetingsjpresurfaceoncampusforthirdtime/ 15 See the statement here: http://senate.universityofcalifornia.edu/committees/ucaf/documents/UCAFmemotoRegentsworkgrouponintolerance_10.19.2015.pdf
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This statement is endorsed by
Students for Justice in Palestine at University of California, Berkeley Students for Justice in Palestine at University of California, Davis Students for Justice in Palestine at University of California, Irvine
Students for Justice in Palestine at University of California, Los Angeles Students for Justice in Palestine at University of California, Santa Barbara Students for Justice in Palestine at University of California, Santa Cruz Students for Justice in Palestine at University of California, San Diego Students for Justice in Palestine at University of California, Riverside
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