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academic freedom
In the Attack on Pro-Palestinian Campus Speech, More Than Jobs Are at Stake
Students and professors across the country are being witch-hunted for their position on Palestine, in a serious threat to democracy, dissent, and the ability of ordinary people to resist authoritarianism.
Jan 30, 2025
For months before U.S. President Donald Trump took office, nearly daily reports rolled in of students and professors on trial for their activism for Palestinian life.
New York University suspended 11 students who were part of a peaceful flyer distribution and sit-in, including students who simply sat in the library lobby in solidarity. Eleven students at Swarthmore College faced expulsion on assault charges for using a bullhorn. Emerson College laid off 10 staff members, blaming protests for Palestine as a cause for low enrollment, and then using layoffs to target pro-Palestine employees. Emerson also put four students on probation for leafleting on a public sidewalk. Thirteen students at Princeton are being criminalized for “trespassing” on their own campus after they participated in a sit-in. Seven students and faculty at Duke have been called before a University Judicial Board, and without notice or due process are facing termination for participating in nonviolent protest. Tenured professors at Emory are facing similar trials. MIT demoted a tenured professor after he proposed a course entitled Decolonization & Liberation Struggles in Haiti, Palestine, & Israel. Professors at Muhlenberg College, Columbia, John Jay College, City University of New York, NYU, and more, have been fired or forced out for advocating for Palestinian rights.
I have spoken with a university librarian fired after teaching a workshop in which they discussed “scholasticide” in Gaza, a K-12 teacher fired for a social media post critical of Israel and the U.S., and scores of K-12 teachers who have been suspended or otherwise disciplined for speaking about the suffering of Palestinians. An avalanche of Title VI Civil Rights Act complaints are being weaponized against educators, many of them filed by individuals or organizations with absolutely no connection to the school in question.
To truly humanize Palestinians is to defy racist empire, which is—in part—why the backlash against the movement for Palestinian life and freedom is so severe.
I am personally facing a Title VI investigation at Gonzaga University, where I was hired as an “activist scholar” to be the lead instructor in a Solidarity and Social Justice program. The allegations against me are over attending a peaceful student “walkout for Palestine,” and forwarding to our faculty listserve an open student letter (signed by hundreds of our students) against Gonzaga’s anti-protest policy. A range of outcomes are possible, including termination. Because I went on a pre-approved medical leave the day after my first interrogation, I have been denied the right to submit further statements or participate in any way until May. In essence, I will be on trial for five months with no representation or ability to advocate for myself.
The number of the similar cases is impossible to know, due in part to near media omission. Many people who have faced or are currently facing investigations are instructed that they must remain silent (and isolated) as to not “compromise” the investigation. Some are quiet because their jobs, prospects for future employment, and safety are at stake. What is clear is that the trials are wide-reaching, extraordinarily punitive, largely coordinated, and were coming down rapidly across the country at educational institutions of all types even before Trump was sworn in.
The witch-hunting of educators and students is combined with related measures, including a nationwide rollout of campus anti-protest policies that appears at least influenced by the American Council of Trustees and Alumni, advisers to Project 2025. At the start of the school year around 100 campuses issued broad policy changes that essentially ban meaningful protest. Some universities have gone as far as to fortress entire campuses with checkpoints and surveillance drones, block common gathering areas with fences, and station security guards outside of classrooms.
These are political attacks, designed to crush a movement that is standing with and for people at the brutal bottom of violent systems of oppression. They have a chilling effect, not just upon those they are wielded against, but upon the entirety of public thought and discourse. Some experts have warned that we are witnessing a new McCarthyism, and one that may well exceed the repression of the 1950s.
The new McCarthyism began before Trump and has been partly initiated by “liberal” higher-ed institutions, but Trump’s tyrannical regime will strive to take the trend to harrowing new extremes. Less than two weeks in office, Trump has already issued an executive order—pulled directly from Project Esther—to deport pro-Palestine students that are not citizens and take “forceful and unprecedented steps to marshal all federal resources” against what he described as campuses “infested with radicalism” and “pro-jihadist protests.”
The crackdown on students and educators—being swiftly and terrifyingly exploited and extended by Trump—is a major assault on free speech and academic freedom. It is a grim threat to democracy, dissent, and the ability of ordinary people to resist all of the assaults of authoritarianism and oligarchy that we are up against. It is an alarming slippery slope, that began in large part as a bipartisan attack on a movement that is challenging U.S.-led racist empire.
Activism for Palestinian freedom and equality necessarily confronts American and Western capitalist and imperial interests. It upends supremacist, dehumanizing ideologies—in the case of Palestine, Anti-Arab racism and Islamophobia—that rationalize and sustain a remarkably violent and hierarchical global order. To truly humanize Palestinians is to defy racist empire, which is—in part—why the backlash against the movement for Palestinian life and freedom is so severe, garnering broad support from the far-right and liberals alike.
The witch hunt across educational institutions plays on longstanding Anti-Palestinian racism to vilify all forms of protest for Palestine as terroristic and antisemitic, issuing sweeping charges of antisemitism against any expression of concern for Palestinian life. In this, there is a largely intentional conflation of criticism of Israeli government apartheid and genocide with antisemitism. This misconstruing is also dangerous and oppressive to Jews. According to History and Jewish Studies Professor Annelise Orleck, it seeks to enforce a right-wing Pro-Israel political stance to which all Jews must adhere, and attempts to eviscerate Jewish identities rooted in a long tradition of standing for the rights of the oppressed, democratic pluralism, and social justice. Both Jews and Palestinians have been disproportionately targeted in the campus crackdowns.
While protection of Jewish life has become the pretext for persecuting those who express concern for Palestinian life, a haunting rise in antisemitism on the far-right and at the top is being ignored; at times even defended by groups whose stated mission is to “combat antisemitism.” British-Israeli author Rachel Shabi recently wrote in the The Guardian, “If antisemitism is so blatantly wielded as a political weapon, it creates the impression of a fundamental unseriousness about the subject.” It also undermines the very humanistic movements that are our hope for a world beyond both antisemitism and Anti-Arab racism. To restate words I spoke to students at the protest for which I am being accused of “discrimination” under the Civil Rights Act:
In a moment of such intensive propaganda and power, the world needs your moral clarity. Your moral clarity that all of our lives are inherently interconnected. That the movement for Palestinian liberation is a movement for human liberation. That liberation for Palestinians forces a reckoning with all interlocking systems of oppression, which is core to—not in competition with—Jewish, Black, Brown, Indigenous, White, Collective liberation. Your moral clarity that human solidarity, mutual safety, and freedom is possible. That love, rather than domination, could be the guiding force of our lives together on this one beautiful planet.
We are going to need to hold firm to the principle and aim of collective liberation in the times ahead, and stand with linked arms against attempts to distort our common humanity. I find tremendous hope in the students and educators who have been brave enough to do so, in spite of intense repression and retaliation. It is the courageous acts of ordinary people that will stop the cruel trajectories we are on.
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The Fight Against Fascism Starts on Campus
Colleges are ahead of the curve when it comes to surveillance creep, and the ivory panopticon will only get worse as surveillance technologies get more advanced.
Nov 17, 2024
With the significant red shift this election, led by a man who is described by many as a fascist, resisting and reversing fascist creep is more important now than ever. Even at our supposedly most liberal institutions, we have seen increasingly unreasonable overreactions to dissent dictated not through democratic means, but through authoritarian decree.
Take, for example, the University of Pennsylvania. Early in the morning on October 18, a dozen armed university police stormed an off-campus student house to issue a warrant related to the throwing of red paint on a campus statue on September 12 as part of pro-Palestinian protests—red paint that was pressure-washed off within hours. Would UPenn faculty agree that an armed raid is an appropriate response to their own students who are angry and feeling helpless against the injustice of tens of thousands killed in Gaza? Where is shared and democratic governance when it comes to protest response on campus?
Penn Students Against the Occupation announced the paint incident on Instagram as being done by an “autonomous group.” They included a grainy video clip of a masked individual (let’s call them Sam) throwing the paint, echoing protest tactics used for decades from PETA showing disgust in fur coats to Just Stop Oil activists highlighting the hypocrisy of the attention paid to art versus the climate. Sam, presumably a student, clearly did not want to be caught—most likely because they saw how UPenn responded to protests last academic year—with arrests and academic sanctions and increased rules that prohibit protest activities like chalking and civil disobedience, including interrupting a guest speaker. Students know that if they want to be heard but don’t want to risk expulsion, they need to turn to subterfuge. And on a residential university campus, this is particularly tricky.
For free expression, students and faculty need to feel safe in expressing their ideas that push the boundaries of their institution, and they won’t feel safe to do that with complete surveillance of their activities.
While we are all subject to daily state and corporate surveillance of our activities, college campuses are unique examples of Foucault’s panopticon. Colleges serve as internet service provider, landlord, doctor, corner store, laundromat, gym, department of public safety, and, oh right, educator. And they have access to data for all those services, all handily linked to a student ID, collected in one place densely covered by surveillance cameras. What is unique about colleges compared to the broader U.S. is that the surveillance data is held by one institution rather than many. U.S. colleges are also known to employ analytics on their surveillance data: automated license plate reading, social media monitoring, face recognition, device tracking. Sam would have been easily identifiable despite wearing a mask if their phone automatically connected to campus wifi or if they were caught on camera without a mask approaching the scene.
Universities will say this surveillance is for the students—for their safety, health, and success. Yes, campus shootings are real and scary, but surveillance measures have a very limited ability to stop them. Yes, our youth are experiencing a mental health crisis, but monitoring student’s online behavior hasn’t proven to help either. Visible security has been shown to not increase student success, and if we need to track students to make them go to class are we really legitimizing the existence of higher education? The level of surveillance that universities engage in is more reminiscent of that undertaken by fascist and other authoritarian systems than means to support education.
But perhaps universities simply are fascist. After all, they are led by appointment rather than election. They are capitalist, in competition with one another to accumulate enrollment bases. They have their own rules and policies including strict guidelines on student conduct, which in many instances go far beyond those of broader society. They are awash with unbridled nationalism school pride with a deep hatred of other schools’... colors. And sadly, they have resorted to police intimidation and violence against student protesters of university policies, or allowed truly violent opponents to do this on their behalf.
When, last spring, universities set up mobile surveillance units (MSUs), either rented from private companies or on loan from the Department of Homeland Security, around peaceful and non-destructive protest encampments, it became hard to view campus surveillance as anything but a tool to maintain the institutional status quo. Particularly when those MSUs likely didn’t have any capabilities beyond what the campuses already had. They only served to remind students and faculty that the university is watching, and it is watching because it doesn’t approve.
This all makes universities sound like the fascist institutions that Vice President-elect JD Vance wants and that Florida Gov. Ron DeSantis is building rather than bastions of academic freedom and liberalism run by shared governance.
From private schools like Brown and UPenn to publics like UCLA and UC Davis, universities grossly overreach in their responses to students protesting injustice. For faculty and students to have a stake in campus response to protest, they need to start with a say in campus surveillance. There is no academic freedom or freedom of expression without privacy. FERPA, the federal law that governs student privacy, really only keeps student information from leaving the ivory tower. Universities need privacy policies that govern how information is shared and used within campus.
Colleges are ahead of the curve when it comes to surveillance creep, and the ivory panopticon will only get worse as surveillance technologies get more advanced. For free expression, students and faculty need to feel safe in expressing their ideas that push the boundaries of their institution, and they won’t feel safe to do that with complete surveillance of their activities. Which means the subjects of surveillance need to have a say in the surveillance. Students and faculty ought to demand answers as to why their institutions collect the data they do. They ought to demand evidence that their data policies holistically support student safety, health, and success. They ought to demand clarity as to whether their institution is being run as a Vance-approved or a DeSantis-built campus or as a place for academic freedom and legitimate higher education.
But then, will they be able to make these demands without being expelled or fired?
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UK Court Rules Fired Professor's Anti-Zionist Views Are 'Not Antisemitic'
David Miller was terminated by the University of Bristol for expressing beliefs including that Zionism is "ideologically bound to lead to the practices of apartheid, ethnic cleansing, and genocide."
Oct 15, 2024
An employment court in the United Kingdom this week published its full ruling in the case of David Miller, a University of Bristol professor whose firing due to alleged antisemitism was deemed wrongful by the same tribunal earlier this year.
In February, the Employment Tribunal found that Miller was unjustly dismissed in 2021 from his position as a professor of political sociology at the University of Bristol following complaints by Jewish students who felt "unsafe and unprotected" on campus.
Miller argued before the tribunal that Zionism—the movement for a Jewish homeland in Palestine—"necessarily calls for the displacement and disenfranchisement of non-Jews in favor of Jews, and it is therefore ideologically bound to lead to the practices of apartheid, ethnic cleansing, and genocide."
Employment Judge Rohan Pirani wrote in the tribunal's new unanimous 120-page judgment that Miller's views on Zionism are "worthy of respect in a democratic society," are "not incompatible with human dignity," and are not in "conflict with the fundamental rights of others."
Pirani said Miller's stance "amounted to a philosophical belief" and that while it was "ill-judged to express himself in the way he did," his actions were legal, "not antisemitic, did not incite violence, and did not pose any threat to any person's health or safety."
In a social media post on Tuesday, Miller welcomed the tribunal's finding that his beliefs are "protected" and are not—as the University of Bristol attempted to argue—"akin to Nazism."
"It is self-evident that racism is wrong and offensive to human dignity," Miller added. "Zionism, being inherently racist, imperialist, and colonial, is therefore also offensive to human dignity. It is because I believed this and was 'prepared to say it out loud' that I believe I lost my job."
In the tribunal's ruling, Pirani wrote that Miller's views on Zionism were "related to his area of academic expertise and research and were informed by that research and expertise."
According to the decision:
The claimant went on to explain what he regards as the overtly racist and colonial framing within the works of Zionism's founding ideologues. He also references the fact that Amnesty International and Human Rights Watch have found Israel to be "an apartheid state." The claimant gave examples in his evidence of what he regards as "racist laws" which he claims are a necessary corollary of Zionism and Israel's laws regarding emigration or "return."
"We conclude that [Miller's views] have played a significant role in his life for many years," Pirani wrote. "We are satisfied that they are genuinely held. He is and was a committed anti-Zionist and his views on this topic have played a significant role in his life for many years."
Numerous pro-Palestine academics, artists, media professionals, and others have been fired or otherwise punished in Western nations since before the current war on Gaza for which Israel is on trial for genocide at the International Court of Justice. Such incidents have increased dramatically since last October. Jews who support Palestinian liberation and oppose Israeli crimes in Palestine and beyond have not been spared from such repercussions.
The U.K. tribunal's judgment stands in stark contrast to a pair of bills passed since last October by the U.S. House of Representatives declaring that anti-Zionism is antisemitism and affirming the International Holocaust Remembrance Alliance's (IHRA) controversial working definition of antisemitism, which, while not explicitly mentioning anti-Zionism, includes "denying the Jewish people their right to self-determination" and "claiming that the existence of a state of Israel is a racist endeavor."
Pirani's ruling cites a professor who noted that the IHRA definition is "controversial," with "some believing that it is imprecise and can be used to conflate criticism of the policies of the Israeli government and of Zionism with antisemitism."
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