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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."
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."
"This vital hearing is a crucial step in addressing the alarming rise of hate crimes across our nation, particularly those targeting Muslim, Jewish, and Palestinian Americans."
On the eve of a U.S. Senate Judiciary Committee hearing about "stemming the tide of hate crimes" nationwide, Congresswoman Ilhan Omar on Monday commended the panel's chair, Sen. Dick Durbin, for "hosting this groundbreaking yet overdue" event.
Discrimination against Jews and Muslims has significantly increased in the United States since the Hamas-led October 7 attack on Israel and the U.S.-backed Israeli retaliation on the Gaza Strip, which critics worldwide call genocide. In May, Durbin (D-Ill.) vowed to hold a hearing "in response to the ongoing and persistent rise in antisemitism and other forms of bigotry across the country."
The committee announced last week that it had scheduled a Capitol Hill hearing for 10:00 am Tuesday to "examine how we can better protect Jewish, Arab, and Muslim Americans, and other vulnerable communities from bigoted attacks."
Durbin—who has faced calls from Republican committee members to hold a hearing focused on "the civil rights violations of Jewish students" and "the proliferation of terrorist ideology"—said at the time that "hate crimes are a threat to justice everywhere. Sadly, no community is immune from violent acts of hate. Congress cannot turn a blind eye to it."
"We must stand united against hate in all its forms and reaffirm our commitment to justice, equality, and the protection of all Americans, regardless of their race, faith, or national origin."
Omar (D-Minn.) expressed gratitude for Durbin's broader event, saying Monday that "this vital hearing is a crucial step in addressing the alarming rise of hate crimes across our nation, particularly those targeting Muslim, Jewish, and Palestinian Americans."
"I'm glad this committee hearing will address the rise in hate felt by thousands across the country, I hope this hearing serves as a catalyst for meaningful action," she continued. "We must stand united against hate in all its forms and reaffirm our commitment to justice, equality, and the protection of all Americans, regardless of their race, faith, or national origin."
Omar is an outspoken opponent of Israel's assault on Gaza and U.S. support for it. She fled war in Somalia as a child and is one of only a few Muslim members of Congress—and while in office, she has endured intense racism, sexism, Islamophobia, and death threats. Some of the hate has come from fellow federal lawmakers.
Her praise for the hearing came amid reports that some Republicans and Jewish groups are unhappy with Democrats' witnesses: Arab American Institute executive director Maya Berry and Kenneth Stern, director of the Bard Center for the Study of Hate.
Notably, when Stern was with the American Jewish Committee, he helped craft the International Holocaust Remembrance Alliance's (IHRA) Working Definition of Antisemitism. He has since accused right-wing groups of "weaponizing" it in their efforts to conflate criticism of Israeli government policies and practices with anti-Jewish bigotry.
Describing both Berry and Stern as "at odds with Jewish communal leaders," Jewish Insiderreported:
In his opening statement to the committee, obtained by Jewish Insider ahead of Tuesday's hearing, Stern will testify that "advocating for genocide against anyone of course should be robustly condemned; but the mere expression of such ideas (whether intended as such or heard as such) should be countered, not as a matter for discipline."
Stern will also say that it is a good thing that David Duke, the former grand wizard of the Ku Klux Klan, did not face any disciplinary action when he spread Nazi propaganda on Louisiana State University's campus as a student in 1968. "This would have allowed him to claim the status of martyr, and changed the subject to his right to speech as opposed to the content of his hate," Stern will say.
"Berry's written testimony focuses primarily on hate crimes data and reporting, and federal enforcement of hate crimes laws," according to Jewish Insider. The outlet added that the Republican witness Rabbi Mark Goldfeder, director of the National Jewish Advocacy Center, "is set to express support for the IHRA definition."
In response to Jewish Insider editor in chief Josh Kraushaar's social media post sharing the report, Center for International Policy executive vice president Matt Duss said, "Translation: testimony from Ken Stern and Maya Berry, who are both widely respected authorities on these issues, makes it harder to use this hearing as part of the campaign to suppress pro-Palestinian activism."
While this will be the first Senate hearing on hate crimes since last October, the Republican-controlled House of Representatives has held multiple, mostly focusing on campus anti-genocide protests. Critics have argued that the lower chamber's events have pushed university administrators to enable violent law enforcement crackdowns on students demonstrating against Israel's assault on Gaza.
"Antisemitism is a serious problem, but codifying a legal definition could have dangerous implications for free speech," said one campaigner.
House lawmakers voted overwhelmingly Wednesday to approve legislation directing the U.S. Department of Education to consider a dubious definition of antisemitism, despite warnings from Jewish-led groups that the measure speciously conflates legitimate criticism of the Israeli government with bigotry against Jewish people.
House members approved the
Antisemitism Awareness Act—bipartisan legislation introduced last year by Reps. Mike Lawler (R-N.Y.), Josh Gottheimer (D-N.J.), Max Miller (R-Ohio), and Jared Moskowitz (D-Fla.) in the lower chamber and Sen. Tim Scott (R-S.C.) in the Senate—by a vote of 320-91.
Both progressive Democrats and far-right Republicans opposed language in the bill. The former objected to conflating criticism of Israel with hatred of Jews, while the latter bristled at labeling Christian scripture—which posits that Jews killed Jesus—as antisemitic.
"Antisemitism is the hatred of Jews. Unfortunately, one doesn't need to look far to find it these days. But the supporters of this bill are looking in the wrong places," Hadar Susskind, president and CEO of the Jewish-led group Americans for Peace Now, said following Wednesday's vote.
"They aren't interested in protecting Jews," he added. "They are interested in supporting right-wing views and narratives on Israel and shutting down legitimate questions and criticisms by crying 'antisemite' at everyone, including Jews" who oppose Israel's far-right government.
"With this disingenuous effort, House Republicans have failed to seriously address antisemitism," Susskind added. "I hope the Senate does better."
The legislation—officially H.R. 6090—would require the Department of Education to consider the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism when determining whether alleged harassment is motivated by antisemitic animus and violates Title VI of the Civil Rights Act of 1964, which "prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance," including colleges and universities.
Lawler's office called the proposal "a key step in calling out antisemitism where it is and ensuring antisemitic hate crimes on college campuses are properly investigated and prosecuted," while Gottheimer emphasized that "the IHRA definition underscores that antisemitism includes denying Jewish self-determination to their ancestral homeland of Israel... and applying double standards to Israel."
Critics say that's the trouble with the IHRA working definition: It conflates legitimate criticism and condemnation of Israeli policies and practices with anti-Jewish bigotry, and forces people to accept the legitimacy of a settler-colonial apartheid state engaged in illegal occupation and a "plausibly" genocidal war on Gaza.
As the ACLU noted last week in a letter urging lawmakers to reject the legislation:
The IHRA working definition... is overbroad. It equates protected political speech with unprotected discrimination, and enshrining it into regulation would chill the exercise of First Amendment rights and risk undermining the Department of Education's legitimate and important efforts to combat discrimination. Criticism of Israel and its policies is political speech, squarely protected by the First Amendment. But the IHRA working definition declares that "denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a state of Israel is a racist endeavor," "drawing comparisons of contemporary Israeli policy to that of the Nazis," and "applying double standards by requiring of [Israel] a behavior not expected or demanded of any other democratic nation" are all examples of antisemitism.
Jewish Voice for Peace Action
slammed what it called IHRA's "controversial and dangerous mis-definition that does not help fight real antisemitism and is only a tool for silencing the movement for Palestinian rights."
"The Israeli government's bombardment and siege of Gaza has killed over 34,000 people in six months," the group said on social media. "Congress must stop attacking the students and faculty members who are trying to stop this genocide, and instead focus on ending U.S. complicity in Israel's attacks."
Israel's Gaza onslaught has sparked a wave of nonviolent student-led protests across the United States and around the world. Some of these protests have been violently repressed by police, while anti-genocide activists including Jews have been branded "antisemitic" for condemning Israeli crimes or defending Palestinians' legal right to resist them.
Sending in militarized police and snipers to stop students from exercising their First Amendment rights is truly disgusting.
Why are my colleagues and the mainstream media more outraged over these anti-war protests than they are about the over 35,000 Palestinians killed in Gaza? pic.twitter.com/EwLqRrS2we
— Congresswoman Rashida Tlaib (@RepRashida) May 1, 2024
Americans for Peace Now said that while it is "deeply concerned about the escalating antisemitism in the United States and globally," the legislation "poses a significant threat to free speech and open discourse."
"Equating criticism of the Israeli government with antisemitism is a tactic used to stifle important discussions on Israeli policies and actions, thereby hindering the broader effort to combat true instances of hatred and discrimination against Jewish communities," the group added.
Kenneth Stern, director of the Bard Centre for the Study of Hate and lead drafter of the IHRA working definition, warned years ago that "Jewish groups have used the definition as a weapon to say anti-Zionist expressions are inherently antisemitic and must be suppressed."
"Imagine if Black Lives Matter said the most important thing the [Biden] administration could do to remedy systemic racism is adopt a definition of racism, and that definition included this example: opposition to affirmative action," Stern wrote in 2020.
"Obviously, sometimes opposition to affirmative action is racist and sometimes it is not," he added. "The debate about systemic racism would be changed to a free speech fight, and those with reasonable concerns about affirmative action correctly upset that the state was branding them racist."