January, 29 2015, 02:45pm EDT
Professor Sues University of Illinois Over Firing for "Uncivil" Gaza Tweets
Trustees, Chancellor, President, and Donors Targets of Suit
Chicago, IL
A professor who was fired from a tenured position at the University of Illinois at Urbana-Champaign because of his tweets criticizing the Israeli government's bombing of Gaza last year has filed a civil rights suit against the University and its top officials, saying that his firing violated his First Amendment right to free speech and other constitutional rights, and basic principles of academic freedom.
Dr. Steven Salaita, a Palestinian-American professor of indigenous studies, filed the lawsuit today in a U.S. federal court in the Northern District of Illinois, in Chicago, represented by the Center for Constitutional Rights and the law firm of Loevy & Loevy. The suit alleges that university officials, including the Chancellor and University trustees, violated Salaita's constitutional rights to free speech and due process of law, and breached its employment contract with him. The suit is also against University donors who, based on emails made public, unlawfully threatened future donations to the University if it did not fire Professor Salaita on account of his political views. Those donors are not currently identified by name.
"Like any American citizen, I have the right to express my opinion on pressing human rights concerns, including Israeli government actions, without fear of censorship or punishment. The University's actions have cost me the pinnacle of academic achievement - a tenured professorship, with the opportunity to write and think freely. What makes this worse is that in my case the University abandoned fundamental principles of academic freedom and shared governance, crucial to fostering critical thought, that should be at the core of the university mission," said Professor Salaita.
After a national search and interview process, Professor Salaita had been offered a tenured faculty position in the American Indian Studies program at the University of Illinois at Urbana-Champaign and was due to start working in two weeks when he received a letter from Chancellor Phyllis Wise and Vice President Christophe Pierre terminating his appointment, without notice or explanation. Salaita and his wife had already quit their jobs at Virginia Tech University, where he was tenured. University officials have since acknowledged that their decision was based on Salaita's tweets about Israel's military assault on Gaza, which they viewed as "uncivil."
Last month, the University's Senate Committee on Academic Freedom and Tenure concluded that Salaita's termination was improper and called for the University to reconsider its decision and renounce its statement that the action was taken because Salaita's speech lacked "civility." Two weeks ago, the University's board rejected the committee's recommendation to reconsider its decision after allowing qualified academic experts to weigh in, calling its decision final.
"The use of 'civility' as cover for violating Professor Salaita's rights must be challenged, as it threatens the very notion of a University as a place for free inquiry and open debate. There is neither a 'civility' exception nor a 'Palestine' exception to the First Amendment," said Maria LaHood, a senior attorney with the Center for Constitutional Rights. "Professor Salaita's termination violated the University's contractual commitment to him, its own policies and procedures, accepted principles of shared governance and academic freedom, and the United States Constitution."
The lawsuit seeks Salaita's reinstatement and monetary relief that includes compensation for the economic hardship and reputational damage he suffered as a result of the University's actions.
Chancellor Wise has stated that the decision to terminate Salaita was not influenced by pressure from wealthy donors. University documents obtained under the Illinois Freedom of Information Act, however, include letters and emails from several donors to Wise openly stating that they would withdraw financial support from the University if it did not fire Salaita. For example, Steven Miller is alleged to have met with Wise to "share his thoughts about the University's hiring of Professor Salaita." Miller is the owner of a Chicago-based venture capital firm and has endowed a professorship at the University in his name. Salaita's letter of termination was dated the same day Wise and Miller met.
"The University's administration has repeatedly said one thing, and then done another. The administration keeps insisting that its decision was not influenced by donor pressure, but yet it has refused to comply with requests for emails from donors to University officials under Illinois government transparency laws. The Chancellor and Board keep saying they are committed to principles of academic freedom and shared governance, but they refuse to follow the recommendation of the University's own Committee on Academic Freedom and Tenure to allow academic experts on its faculty to weigh in. Prominent nationwide academic organizations and thousands of faculty have all condemned the administration's actions and demanded it reconsider Salaita's firing, but the University still refuses. Only donor pressure, or sheer pride, can explain the administration's stubborn refusal to revisit a decision that has done so much harm to Dr. Salaita and to constitutional and other principles that academics hold dear. The administration has something to hide, and through this lawsuit we intend to expose it," said Anand Swaminathan of Loevy & Loevy.
Since Salaita's firing, the University's leadership has faced increasing nationwide criticism from within the academic community. Sixteen academic departments of the university have voted no confidence in the University Administration, and prominent academic organizations, including the American Association of University Professors, the Modern Language Association, and the Society of American Law Teachers have publicly condemned the university's actions. More than 5,000 academics from around the country have pledged to boycott the institution, resulting in the cancellation of more than three dozen scheduled talks and conferences at the school.
A FOIA litigation lawsuit against the University seeking administrators' email correspondence with donors and other documents remains pending in state court, and there will be hearing on the University's motion to dismiss that case on February 13th.
To read the complaint, visit: https://www.ccrjustice.org/Salaita
Loevy & Loevy is one of the nation's largest and most successful civil rights law firms, dedicated to seeking justice for those whose civil rights have been violated and for whistleblowers. Our willingness to take hard cases to trial and win them has yielded a nationally recognized reputation for success in the courtroom. We only take cases we passionately believe in, we forge close bonds with our clients, and we are proud to have achieved outstanding results for them with truly uncommon consistency. Visit us at www.loevy.com.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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ICJ Rejects Nicaragua's Request to Block German Arms Sales to Israel
However, the World Court did not grant Germany's request to dismiss the case‚ in which Nicaragua accuses Berlin of enabling Israeli genocide in Gaza.
Apr 30, 2024
The top United Nations court on Tuesday overwhelmingly rejected Nicaragua's request for an emergency order directing Germany to halt arms sales to Israel as it wages what the tribunal previously called a "plausibly" genocidal war against Palestinians in Gaza.
International Court of Justice (ICJ) judges voted 15-1 against the Nicaraguan motion, finding an absence of legal conditions for issuing an order blocking Germany from selling arms to Israel.
"Based on the factual information and legal arguments presented by the parties, the court concludes that, at present, the circumstances are not such as to require the exercise of its power... to indicate provisional measures," ICJ President Nawaf Salam wrote in the ruling.
However, the court did not grant Germany's request for an outright dismissal and will hear arguments on the merits of the Nicaraguan case, a process expected to take months to complete.
Carlos José Argüello Gómez, the head of Nicaragua's legal team and its ambassador to the Netherlands, said after the ruling that the court's decision "doesn't mean that Germany hasn't violated... international law."
"Germany has—from our point of view—violated international law" by providing weapons for Israel, Argüello contended.
Nicaragua’s representative Carlos Jose Arguello Gomez says ICJ ruling doesn't mean that Germany has not violated international law by providing military aid to Israel.
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— Al Jazeera English (@AJEnglish) April 30, 2024
Nicaragua asserts that Germany—which provided nearly 30% of Israel's exported arms last year—is complicit in Israeli war crimes and is enabling genocide against Palestinians in Gaza. Palestinian and international officials say that more than 123,000 Palestinians have been killed, maimed, or left missing by Israel's relentless 207-day onslaught and siege, which has also displaced around 90% of Gaza's 2.3 million people and driven at least hundreds of thousands of people to the brink of starvation. The majority of those killed have been women and children.
"Germany is failing to honor its own obligation to prevent genocide or to ensure respect of international humanitarian law," Argüello argued during case hearings earlier this month.
According to the Lawyers' Collective—a Berlin-based group that is suing to stop German arms sales to Israel—Germany's government issued €326.5 million ($348.7 million) worth of weapons export licenses for Israel last year, the majority of which were approved after October 7, 2023. That's a tenfold increase from 2022. The group says these transfers violate Germany's obligations under the War Weapons Control Act, which requires arms exports to comply with international humanitarian law.
Germany counters that its weapons sales to Israel have decreased since the October 7 attack and emphasizes what it says are the defensive nature of recent arms transfers. Berlin also says it has robust internal mechanisms and processes to consider the human rights implications of German arms sales.
Top German diplomat Tania von Uslar-Gleichen, who is leading Germany's legal team at the ICJ, said during hearings that Nicaragua's allegations "have no basis in fact or law."
Reacting to the ICJ ruling, the German Foreign Office said that "Germany is not a party to the conflict in the Middle East. On the contrary, we are working day and night for a two-state solution."
"We are the largest donor of humanitarian aid to the Palestinians," the ministry added. "We are working to ensure that aid reaches the people in Gaza."
The German government has been intensely criticized for its stauch support for Israel and for violently cracking down on pro-Palestinian protests since October. Numerous observers contend that Germany's actions are driven by historical guilt over the Holocaust, with some critics claiming the German government is weaponizing that guilt in order to demonize Palestinians and their defenders.
Israel—which is not a party to the case—vehemently denies genocide charges, arguing it is defending itself in the wake of the Hamas-led attacks that left more than 1,100 people dead and around 240 others taken hostage. Israeli forces are believed to have killed numerous Israelis on October 7 and an unknown number of hostages since then during the bombardment and invasion of Gaza.
In addition to Nicaragua's motion, the ICJ is considering a case brought by South Africa and supported by over 30 nations asserting that Israel's Gaza assault is genocidal because it is "intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnical group."
On January 26, the tribunal issued a provisional ruling that found Israel is "plausibly" committing genocide in Gaza and ordered the country to prevent genocidal acts. Critics accuse Israel of ignoring the order by continuing to block humanitarian aid from reaching Gazans as children and other vulnerable people starve to death.
Citing "the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation," the ICJ last month issued another provisional order directing Israel to allow desperately needed aid into the embattled enclave and reiterating its earlier order to prevent genocidal acts.
Also last month, the U.N. Human Rights Council
published a draft report that found "reasonable grounds to believe" that Israel is committing genocide in Gaza.
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Lobbyist-Dominated Plastics Talks End Without Clear Path to Production Cuts
"Despite mounting proof of plastics' enormous harm to people and the planet, the petrochemical industry and the countries that put them first are ramping up efforts to water down this treaty," one campaigner said.
Apr 30, 2024
The fourth and second-to-last round of negotiations for a Global Plastics Treaty concluded Tuesday with what campaigners called a "weak" and "disappointing" compromise, as countries did not agree to discuss curbing primary plastic production before the final session later this year.
The "underwhelming" result came at the close of talks in Ottawa, Canada, at which 196 fossil fuel or chemical industry lobbyists attended, a 37% increase from the third round of negotiations and more than the entire delegation of the European Union.
"People are being harmed by plastic production every day, but states are listening more closely to petrochemical lobbyists than health scientists," Graham Forbes, Greenpeace's head of delegation to the negotiations and Greenpeace USA's global plastics campaign lead, said in a statement. "Any child can see that we cannot solve the plastic crisis unless we stop making so much plastic."
"The Global South countries who are fighting tooth and nail for a strong plastics treaty have been steamrolled by the will of wealthy nations."
Civil society and frontline groups called reducing plastics production a "nonnegotiable" component of the treaty heading into the fourth session of the intergovernmental negotiating committee to advance a plastics treaty (INC-4), the continuation of a process launched at a United Nations Environment Assembly (UNEA) in Nairobi in 2022. However, when delegates agreed at the end of the latest negotiations to continue discussions of certain issues in "intersessional" work, this did not include a discussion of primary plastic polymers.
"From the beginning of negotiations, we have known that we need to cut plastic production to adopt a treaty that lives up to the promise envisioned at UNEA two years ago," said David Azoulay, the director of environmental health at the Center for International Environmental Law (CIEL). "In Ottawa, we saw many countries rightly assert that it is important for the treaty to address production of primary plastic polymers. But when the time came to go beyond issuing empty declarations and fight for work to support the development of an effective intersessional program, we saw the same developed member states who claim to be leading the world toward a world free from plastic pollution, abandon all pretense as soon as the biggest polluters look sideways at them."
The negotiations, which began April 23, were pulled between more ambitious countries—particularly Global South countries in Africa, Latin American, and the Pacific Islands—and the so-called "Like-Minded Group" of fossil fuel and polymer producing countries such as Saudi Arabia, Russia, China, Kuwait, Qatar, and India. On the more ambitious side of the spectrum, Rwanda and Peru spearheaded a call for intersessional work on a plan to cut production of primary polymers by 40% of 2025 levels by 2040, which was backed by Malawi, the Philippines, and Fiji.
"While not high enough to avoid breaching the 1.5°C climate target, Rwanda and Peru's proposal is the first time a group of countries have put forward a specific target for plastic production cuts," environmental coalition GAIA said in a statement.
Another promising development was the Bridge to Busan Declaration on Primary Plastic Polymers, in which signatories promised to work toward maintaining a plastic production reduction commitment in line with the Paris agreement in the final treaty text, to be set in Busan, South Korea, at the end of 2024.
On the other hand, Break Free From Plastics said that some countries had obstructed the process by pressuring negotiators to agree to consensus, even though the procedure allows for voting when consensus cannot be reached. They also interfered with the drafting of the treaty itself.
"A small number of countries continued their obstructionist and low-ambition tactics—watering down, adding countless brackets, and shamelessly twisting the language across the different provisions in an attempt to narrow the scope and lower the ambitions of the treaty," the group said.
However, GAIA said that negotiations did make progress on a draft treaty text that included a reduction of plastic production, the banning of toxic chemical additives, a financial mechanism to help countries meet targets, and a commitment to a just transition. After this progress, the chair's proposal that intersession work would not consider polymers came as a surprise.
"Tonight's upsets show that historical injustices have made their way into the halls of the plastics treaty negotiations," Camila Aguilera, communications officer for GAIA Latin America and the Caribbean, said in a statement. "The Global South countries who are fighting tooth and nail for a strong plastics treaty have been steamrolled by the will of wealthy nations. The debate over intersessional work is a proxy for these geopolitical divides between the Global North and the Global South."
CIEL said that several countries in the self-described "High Ambition Coalition," (HAC) including the European Union, had not pushed back sufficiently on attempts to weaken the treaty and the process. It, along with many other environmental groups, also criticized the United States, which is not an HAC member, for failing to stand up for an ambitious treaty.
"Negotiating with the U.S. and other oil states has felt like trying to negotiate with industry, always prioritizing profit over the well-being of people and the planet."
"The United States needs to stop pretending to be a leader and own the failure it has created here," said CIEL President Carroll Muffett. "When the world's biggest exporter of oil and gas, and one of the biggest architects of the plastic expansion, says that it will ignore plastic production at the expense of the health, rights, and lives of its own people, the world listens. Even as the U.S. signaled to the G7 that it would commit to reduce plastic production, it intentionally blocked efforts to do that in the global talks most relevant to the issue. It's time to ask whether the U.S. delegation to the plastics treaty simply missed the memo on protecting health and human rights from the plastic threat, or whether the Biden administration forgot to send it."
Center for Biological Diversity senior attorney Julie Teel Simmonds said that "rather than showing leadership, the United States has remained disappointedly in the middle."
"The U.S. proposals lack binding targets and focus on cutting demand for plastic rather than production itself," Simmonds continued. "And they don't go beyond existing U.S. policy, which has failed to curb plastic production or protect frontline communities and the environment from harm."
Frankie Orona, the executive director of the Society of Native Nations, recounted that "negotiating with the U.S. and other oil states has felt like trying to negotiate with industry, always prioritizing profit over the well-being of people and the planet."
On the final day of negotiations, Break Free From Plastics published a statement calling out the U.S. for not committing to legally binding plastic production cut targets, underselling its own regulatory apparatus, and overemphasizing recycling.
"As the world's largest consumer and exporter of plastic waste, purporting to recognize the severity of the crisis, the U.S. must act decisively on these imperatives rather than negotiating an ineffective treaty that will sacrifice the public health and human rights of all to the interests of the fossil fuel and petrochemical industries," the group said.
It demanded that the U.S. delegation support a legally binding treaty that includes set global targets; production caps, phaseouts, and phasedowns for plastic polymers; the health-based control of toxic chemicals in production; a just transition for all communites impacted by the plastics lifecycle; and waste management that protects health and the environment and rejects false solutions.
Civil society groups also argued that negotiators should heed the demands of Indigenous peoples, and that they should be given more resources and support to participate. However, CIEL found that plastics lobbyists outnumbered the 28 representatives of the Indigenous Peoples Caucus by a rate of seven to one.
"We need intersessional work with the inclusion of Indigenous Peoples—who are rights holders with traditional knowledge and a deep understanding of sustainable resource management—as well as frontline and fenceline communities—who, for generations, have borne the brunt of environmental damage from fossil fuels and petrochemical production," Orona said. "By including these often-marginalized groups, we can move beyond 'business as usual' to achieve an ambitious treaty that protects our environment, respects human rights, and fosters a more equitable and sustainable future for all of us and Mother Earth."
Green groups also called for conflict-of-interest policies to reduce the role of industry lobbyists.
"Despite mounting proof of plastics' enormous harm to people and the planet, the petrochemical industry and the countries that put them first are ramping up efforts to water down this treaty," Teel Simmonds said. "We'll keep fighting their deception and obstruction because the world desperately needs a treaty that protects us from plastic production and pollution. And we'll keep pushing the United States to lead."
The next and last round of negotiations is set to begin on November 25. In the meantime, intersessional work will move forward on a financial mechanism, plastic products, chemicals of concern in plastic products, product design, reusability, and recyclability. Observers will be able to contribute to these sessions, while another group conducts a legal review of the treaty.
"The success of the International Plastics Treaty depends on the reduction of primary plastic polymers," said Yu Hyein from the Korea Federation for Environmental Movements and Friends of the Earth, South Korea. "There was not enough discussion on this at INC-4, and it is likely that this will continue at INC-5. As a host country and a member of the High Ambition Coalition, the Korean government should make an ambitious declaration on reducing primary plastic polymers."
Greenpeace's Forbes added, "The entire world is watching, and if countries, particularly in the so-called 'High Ambition Coalition,' don't act between now and INC-5 in Busan, the treaty they are likely to get is one that could have been written by ExxonMobil and their acolytes."
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Trump Says He Would Let States Prosecute Women for Violating Abortion Bans
"There is zero doubt in my mind that Trump will choose anti-abortion extremists and their horrifying agenda over American families every single chance he gets," said one reproductive rights campaigner.
Apr 30, 2024
Former U.S. President Donald Trump said in an interview published Tuesday that if reelected in November, he would allow states to monitor women's pregnancies and prosecute anyone who violates an abortion ban.
That position, said one leading reproductive rights organization, underscores the grave threat the presumptive GOP nominee poses to fundamental freedoms.
"There is zero doubt in my mind that Trump will choose anti-abortion extremists and their horrifying agenda over American families every single chance he gets, and this new interview proves that he will ban abortion in all 50 states," Mini Timmaraju, president and CEO of Reproductive Freedom for All, said in response to the former president's comments.
"It's imperative," she added, "that we double down on our mission to reelect the Biden-Harris ticket and deliver congressional majorities to lock our right to abortion care into federal law."
Speaking to TIME magazine, Trump said it's "irrelevant" whether he's "comfortable or not" with states prosecuting people for obtaining abortion care in violation of state-level abortion bans.
"It's totally irrelevant, because the states are going to make those decisions," said Trump.
The former president also said he believes states "might" attempt to monitor pregnancies to determine compliance with abortion bans, but the federal government under his leadership would not intervene to stop such a massive invasion of privacy.
TIME's Eric Cortellessa, who conducted the interview, stressed that Trump's allies "don't plan to be passive on abortion if he returns to power," pointing to the Heritage Foundation's support for "a 19th-century statute that would outlaw the mailing of abortion pills."
"The Republican Study Committee (RSC), which includes more than 80% of the House GOP conference, included in its 2025 budget proposal the Life at Conception Act, which says the right to life extends to 'the moment of fertilization.'"
When Cortellessa asked Trump if he would veto that legislation if it reached his desk, the former president dodged the question.
"I don't have to do anything about vetoes because we now have it back in the states," Trump said.
"November's election will determine whether women in the United States have reproductive freedom, or whether Trump's new government will continue its assault to control women's healthcare decisions."
In the aftermath of the U.S. Supreme Court's 2022 decision to overturn Roe v. Wade, Republican-led states rushed to impose draconian abortion bans, laws that have endangered lives and forced many to travel out of state to receive care. Nearly two dozen states across the U.S. currently ban or restrict abortion care.
Trump, who nominated three right-wing justices to the Supreme Court, has celebrated and taken credit for the high court's decision to end the constitutional right to abortion.
In a video released earlier this month, Trump said he was "proudly the person responsible" for the reversal of Roe and supports letting states do "whatever they decide" on abortion access.
"Many states will be different, many will have a different number of weeks or some will have more conservative than others, and that's what they will be," Trump said in the video. "You must follow your heart—or, in many cases, your religion or your faith."
President Joe Biden, meanwhile, has signed executive orders aimed at protecting abortion access, though abortion rights campaigners say such steps are no replacement for the passage of legislation codifying abortion protections at the federal level.
Last week, as The Associated Pressreported, the Biden administration finalized a rule "intended to protect women who live in states where abortion is illegal from prosecution."
"The medical records of women will be shielded from criminal investigations if they cross state lines to seek an abortion where it is legal," the outlet noted. "In states with strict abortion rules, the federal regulation would essentially prohibit state or local officials from gathering medical records related to reproductive healthcare for a civil, criminal, or administrative investigation from providers or health insurers in a state where abortion remains legal."
Julie Chavez Rodriguez, manager of Biden's 2024 reelection campaign, said Tuesday that Trump's comments to TIME "leave little doubt: If elected, he'll sign a national abortion ban, allow women who have an abortion to be prosecuted and punished, allow the government to invade women's privacy to monitor their pregnancies, and put IVF and contraception in jeopardy nationwide."
"Simply put: November's election will determine whether women in the United States have reproductive freedom, or whether Trump's new government will continue its assault to control women's healthcare decisions," said Rodriguez. "With the voters on their side this November, President Biden and Vice President [Kamala] Harris will put an end to this chaos and ensure Americans' fundamental freedoms are protected."
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