Although
he would not couch it in terms of totally curbing the free speech
rights of an entire group, New York State Assembly Member Dov Hikind
has called for removal from the campuses of the City University of
New York (CUNY) Students for Justice in Palestine, calling the group
anti-Semitic and blaming it for (so far) unproven violence against
Jewish students.
At
the end of March, Hikind and 30 of his colleagues in the State
Assembly sent a letter to officials of the City University of New
York (CUNY), charging that SJP is encouraging violence against Jewish
students, although reporting by The Forward newspaper, the successor
publication founded in New York City for Yiddish speakers in 1897,
showed there to be little evidence of violence and some instances of
what could be considered by Hikind “anti-Semitic”
confrontations.
Hikind
believes that any criticism of Israel, its government, or its
policies is anti-Semitism and expects others to fall into line.
This kind of thinking is often successful, particularly in light of
the current political atmosphere across the U.S., with many Right
Wing American politicians expressing the same sentiments as Hikind.
The
assault against criticism of Israel’s policies during Benjamin
Netanyahu’s terms as prime minister has only intensified,
especially in the past few years, when the boycott, divestment and
sanctions movement has taken hold, in the U.S. and in other
countries. Opponents of the BDS movement, like Hikind, are
particularly critical of the movement and its effects on college
campuses, where they fear that a generation might be coming up in
which political leaders will not be favorable to the standing idly
by, while the Israeli government continues its repression of the
Palestinians.
Unfortunately
for Hikind and others of his bent, the criticism of Israeli policies
regarding the Palestinians is not coming just from outside. There
are many Israelis and many groups within the country who are very
critical of the policies that have so ground down the Palestinians
and have pushed them into smaller and smaller enclaves, to the extent
that conditions for them have been likened to the Bantustans in South
Africa before the defeat of apartheid in that country. One of the
more prominent critics of Israeli policy is Archbishop Desmond
Tutu, the Nobel Prize-winning religious leader who lived much of his
life under the deep oppression of the black majority by the white
minority. He is not speculating or engaging in hyperbole when he
makes the comparison between his own country’s history and the
oppression of Palestinians. He has called for an end to the
Israeli-imposed conditions under which Palestinians live within the
territory that is controlled by the Israel Defense Force and the
police.
Israeli
settlements in the occupied territory have been growing without end
and Netanyahu has said that the settlements will continue to grow.
With every new settlement, the area left for Palestinians to create a
state of their own is further diminished and the hopes of forming a
contiguous land mass for a Palestinian state is further and further
out of reach as time goes by. The two-state solution to the
Israel-Palestine problem seems to be out of the question, at least
for now. And, the question remains: Where might there be a state
for Palestinians anywhere in the Middle East, and when?
A
simple solution would be for the Palestinians to disappear. For
many Israelis, that already has happened. “There never was a
Palestinian people,” is the simplest answer, and the speaker
retreats to the oldest argument: We were here first and that argument
takes the case back about 4,000 years. That starts a whole new
debate that never seems to end. Still, there remains the question
about the identity of (and what to do about) the people of Gaza and
the West Bank, who are without resources (Gaza) and without rights
(West Bank).
It’s
a chicken-and-egg debate, the end of which is far out of sight, but
it is a central debate about foreign relations, harmony among
nations, military might, and which people can subjugate another
without there being too many repercussions. The Israel-Palestine
debate has to be seen in the context of these problems among all
nations, but because of the unique relations between Israel and the
U.S., it is one that stirs heated debate in both countries,
especially in recent years.
Part
of the heated debate is the proposed restrictions on free speech, on
campuses and elsewhere and it even has resulted in the call for
removal of the offending groups that have called for human rights for
Palestinians. It has reached more broadly than colleges and
universities, as far as state legislatures and other bodies, which
have had calls for the defunding of institutes of higher learning, if
they do not take a stronger stand against the groups that are calling
on Israel to honor the human rights of Palestinians, as set forth by
most nations, as part of the Universal Declaration of Human Rights.
Today,
the debate rages over the Boycott, Divestment, and Sanctions Movement
(BDS), which was aimed at Israeli products made in the Occupied
Territories, but apparently has extended to other areas of Israeli
commerce. The BDS movement has had enough of an impact to worry
Netanyahu and those in power in Israel and they have stimulated the
supporters of Israel in the U.S., particularly the more conservative
and Right Wing politicians, along with fundamentalist Christians, who
make up a very large percentage of the U.S. population.
By
last September, more than two dozen pieces of legislation and
resolutions against the BDS movement had been passed in the U.S., at
the local, state, and federal levels, so it must be effective in
getting the attention of the people who either cannot solve the
problem or do not want the problem solved. They are worried, because
the BDS movement is growing and it is exposing more people to the
oppression of Palestinians.
Hikind’s
call for removal of the student group, SJP, is just one of the
legislative efforts to remove the offending groups from such as the
campuses of CUNY. Rather, the effort has reached the highest levels
of American political life. The anti-BDS movement is being pushed by
the most powerful legislators of the most powerful country in the
world and their solution to BDS is to simply cut off the funding.
Many U.S. groups receive some funding from governmental agencies and
it is that funding that would be cut off by the legislation, if it
were found that the group in any way supported or advocated for
support of the BDS movement. That’s a powerful incentive to
keep one’s mouth shut.
That
is where it runs into two constitutional problems in the U.S. First,
the counter boycott action by the powers that be is a violation of
the First Amendment right of free speech and it is a violation of the
First Amendment right of freedom of association. That does not seem
to bother those pushing anti-BDS actions, because they see any
criticism of Israel or its leaders as anti-Semitism.
When
presented with evidence that a substantial number of Israelis are
opposed to much, if not most, of the policies which the government
uses to oppress Palestinians, the critics are called “self-hating
Jews.” They apply the same description to Jews in the U.S. who
oppose the official treatment of Palestinians, as well. It does no
good to continue to see Jewish critics as “self-hating,”
and to redouble efforts to silence those who promote BDS, on or off
campuses.
The
Center for Constitutional Rights quoted legendary First Amendment
lawyer, Floyd Abrams: “The notion that the power to fund
colleges and their faculties may be transformed into a tool to punish
them for engaging in constitutionally protected expression is
contrary to any notion of academic freedom and to core First
Amendment principles.” Calls for removal of thought and speech
offensive to Israeli policy threatens not only free speech and free
association, but academic freedom, as well.
At
least two Jewish groups have defended SJP and its members. SJP and
its leaders have condemned anti-Semitism and declare that they are
against all forms of racism. So do Jewish Voice for Peace (JVP) and
Jews for Racial & Economic Justice (JFREJ), which, according to
their own mission statement, for 25 years in New York City “has
pursued racial and economic justice…by advancing systemic
changes that result in concrete improvements in people’s
everyday lives. We are inspired by Jewish tradition to fight for a
sustainable world with an equitable distribution of economic and
cultural resources and political power.”
The
conditions in which Palestinians live in Israel, Gaza, and the
occupied territories, to even the casual observer, fly in the face of
ancient Jewish religious beliefs, but, to many Israelis and many
American Jews, the BDS movement and organized opposition to that
nation’s treatment of Palestinians is tantamount to terrorism.
They liken those individuals and groups supporting BDS to Hamas, thus
their fear of SJP and JVP as threatening violence toward Israel, even
declaring that they seek the elimination of the State of Israel,
itself.
Although
some observers in Israel have downplayed such a threat (saying that
BDS is a fringe movement that largely, in the U.S., at least, is
talking to itself), it must be making inroads into the public
consciousness, because the warnings about it have become shrill. JVP
and SJP have little money and even less power, but powerful political
figures in the U.S. have flocked to public forums to declare their
unwavering support for Israel, no matter what the issue. Republican
candidates and at least one Democratic candidate for president showed
up at the recent AIPAC (American Israel Public Affairs Committee) to
express that support.
As
her expression of support, in a speech before the AIPAC convention,
Hillary Clinton, the Democrat, also linked the BDS movement to
anti-Semitism, when she said, “Particularly at a time when
anti-Semitism is on the rise across the world, especially in Europe,
we must repudiate all efforts to malign, isolate and undermine Israel
and the Jewish people. “To all the college students who have
encountered this on campus, I hope you stay strong, keep speaking
out, don’t let anybody silence you, bully you or try to shut
down debate, especially in places of learning like colleges and
universities.” She told the thousands of attendees at the
convention that she would do everything in her power to defeat the
BDS movement. They would have a friend in the White House, should
she be elected to the presidency.
Republicans
Donald Trump and Ted Cruz also made speeches much to the same effect
as Clinton, but in general, they did more saber rattling than Clinton
could muster, saying that they would take on any and all detractors
of Israel. In another context, speaking about fighting ISIS in the
Middle East, Cruz threatened to see if “sand can glow in the
dark.” That’s how tough he would be in defense of
Israel. The indication from all of the hopefuls who showed up for
the AIPAC event was that they will take any steps to protect Israel
from its enemies, even to the extent that they will fight the
non-violent and First Amendment-protected BDS movement in the U.S.
Jane
Eisner, editor of The Forward, in an editorial on April 4,
rhetorically asked, “How long can distinction between
anti-Zionism and anti-Semitism survive?” She was referring, of
course, to opponents of Israeli policy regarding the Palestinians.
Somehow, every criticism of official government policy morphs into
anti-Semitism. She cited the regents of the University of
California, who declared there to be no place for anti-Semitism on
campuses, but stopped short of criticism of anti-Zionism (belief in
the right or duty of return of Jews to Israel), and said others
should follow that example.
“As
public universities in cities from Berkeley to Brooklyn increasingly
struggle with how to manage the contentious debate over the
Israeli-Palestinian conflict, UC’s wise and nuanced approach
should serve as an estimable model,” she editorialized. “I
hope it can last.”
She
continued, “I say that because the line between anti-Semitism
and anti-Zionism is becoming ever thinner and more porous, and it may
disappear altogether, erased by pressures from the left and right,
from within and outside the Jewish community, pushed by demographic
trends that already connect the fate of diasporic Jews with Israel
whether they like it or not.”
In
the U.S., there also is a thin line between free speech and free
association and suppression of those rights, of which there has been
more and more in recent years. Because of the close association
between Israel and the U.S., it has to be asked, “Who will
decide when criticism of Israel policy crosses over the line to
become anti-Semitism?” It would be tragic, if permission to
criticize would have to be granted by someone like Prime Minister
Netanyahu.
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