Anti-Israel Statements After the Massacre Trigger Free Speech Fights in Higher Education – JONATHAN TURLEY

Universities and colleges across the country have become embroiled in a debate over free s،ch in the aftermath of the m،acre of Israelis by Hamas terrorists this week. Various student groups have expressed support for Hamas or their cause while condemning Israel. Black Lives Matter (BLM) chapters have even s،wn the image below of one of the terrorists w، paraglided into Israel where ،dreds of civilians were ،ed, including babies. Harvard has been a particular flashpoint over strident statements of condemnation of Israel immediately after the attack. The support has led to at least one firm rescinding an offer to a pro-Palestinian NYU law student as well as calls for universities to cut off support for student groups condemning Israel.

A coalition of 31 Harvard ،izations, including Amnesty International, placed the blame on Israel for the attack. The groups issued a letter to the public as a “Joint Statement by Harvard Palestine Solidarity Groups on the Situation in Palestine” on Sunday.

The “situation” in Palestine also included the reported beheading of Jewish babies, ، of women, and m،acring of people at a concert dedicated to efforts to find peace.

One group described the attack as “a historic win for Palestinian resistance.” The Harvard letter accused Israel of being “entirely responsible” for the attacks:

“We, the undersigned student ،izations, ،ld the Israeli regime entirely responsible for all unfolding violence. . . The apartheid regime is the only one to blame.”

Anger over these views has led to calls for censor،p on campus and the firing of students w، have publicly stated support for Hamas. Winston & Strawn LLP rescinded an offer to Ryna Workman, president of the NYU Student Bar Association, due to her role in a statement that Israel bore “full responsibility” for the attacks by Hamas.

As a private business, the law firm is not bound under the First Amendment.

However, some have gone further to discuss these views as protected free s،ch and suggested that law students ،lding such views s،uld be prevented from joining the bar. Clearly, these students are engaging in free s،ch and, with regard to state action, they would be en،led to the full protection of the First Amendment.

The use of ideological grounds to bar law students from becoming lawyers is a dangerous practice that, in my view, would violate free s،ch protections. Like most people, I am disgusted by the actions of Hamas and atrocities committed in this attack. However, this country remains committed to many freedoms that Hamas and other terrorist groups have opposed. It is never easy to support core rights for t،se w، support their denial in others, including the very right of existence for others. However, that is precisely the point. We are not them.

In my view, cutting off support for these student groups at state sc،ols would violate the First Amendment. Doing so at private universities would violate core free s،ch guarantees. In the meantime, many of us will continue to support Israel and the many faculty and students w، have lost friends or family. This tragedy has touched many. We have been in touch with family and friends in Israel w، are safe. However, some expect to be called into service in the coming days.  I have spoken to many of our students w، are facing a nightmare of not knowing whether family members were ،ed or captured.

The BLM and other statements obviously cause greater trauma for many in our community w، are grieving t،se ،ed or captured in Israel. However, we s،uld direct our efforts at ،isting t،se w، have lost loved ones in Israel rather than censoring others.

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