SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
");background-position:center;background-size:19px 19px;background-repeat:no-repeat;background-color:var(--button-bg-color);padding:0;width:var(--form-elem-height);height:var(--form-elem-height);font-size:0;}:is(.js-newsletter-wrapper, .newsletter_bar.newsletter-wrapper) .widget__body:has(.response:not(:empty)) :is(.widget__headline, .widget__subheadline, #mc_embed_signup .mc-field-group, #mc_embed_signup input[type="submit"]){display:none;}:is(.grey_newsblock .newsletter-wrapper, .newsletter-wrapper) #mce-responses:has(.response:not(:empty)){grid-row:1 / -1;grid-column:1 / -1;}.newsletter-wrapper .widget__body > .snark-line:has(.response:not(:empty)){grid-column:1 / -1;}:is(.grey_newsblock .newsletter-wrapper, .newsletter-wrapper) :is(.newsletter-campaign:has(.response:not(:empty)), .newsletter-and-social:has(.response:not(:empty))){width:100%;}.newsletter-wrapper .newsletter_bar_col{display:flex;flex-wrap:wrap;justify-content:center;align-items:center;gap:8px 20px;margin:0 auto;}.newsletter-wrapper .newsletter_bar_col .text-element{display:flex;color:var(--shares-color);margin:0 !important;font-weight:400 !important;font-size:16px !important;}.newsletter-wrapper .newsletter_bar_col .whitebar_social{display:flex;gap:12px;width:auto;}.newsletter-wrapper .newsletter_bar_col a{margin:0;background-color:#0000;padding:0;width:32px;height:32px;}.newsletter-wrapper .social_icon:after{display:none;}.newsletter-wrapper .widget article:before, .newsletter-wrapper .widget article:after{display:none;}#sFollow_Block_0_0_1_0_0_0_1{margin:0;}.donation_banner{position:relative;background:#000;}.donation_banner .posts-custom *, .donation_banner .posts-custom :after, .donation_banner .posts-custom :before{margin:0;}.donation_banner .posts-custom .widget{position:absolute;inset:0;}.donation_banner__wrapper{position:relative;z-index:2;pointer-events:none;}.donation_banner .donate_btn{position:relative;z-index:2;}#sSHARED_-_Support_Block_0_0_7_0_0_3_1_0{color:#fff;}#sSHARED_-_Support_Block_0_0_7_0_0_3_1_1{font-weight:normal;}.grey_newsblock .newsletter-wrapper, .newsletter-wrapper, .newsletter-wrapper.sidebar{background:linear-gradient(91deg, #005dc7 28%, #1d63b2 65%, #0353ae 85%);}
To donate by check, phone, or other method, see our More Ways to Give page.
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Administrators, driven by fear, political pressure, and donors, have engineered a power grab bypassing the established structures of governance to securitize campuses and restrict free speech.
In the 1960s, social critic Paul Goodman offered a parable to describe what had gone wrong with American higher education.
He wrote:
Millennia ago, there were wise people who knew many things that they were eager to share. Young people came to them and asked, “Would you teach us?” And they did. Over time more students came to learn. And after learning, there were many more wise ones able and willing to teach. The enterprise grew with more students, more teachers, and more subjects to teach. It became so complicated that the wise ones hired clerks to keep track of who was teaching, what they were teaching, and which students were with which teachers. The problem today is that the clerks are running the show deciding who will teach, what they will teach, and who is qualified to learn.
The lesson conveyed by this parable is relevant to understanding worrisome developments unfolding on U.S. college campuses. Israel’s assault on Gaza, following Hamas’ attack of October 7, spawned a nationwide revolt of the young. While organised groups helped mobilize demonstrations demanding a cease-fire and Palestinian rights, the breadth and depth of the effort was more akin to a spontaneous eruption.
In this regard, it was not unlike earlier spontaneous protest movements that sprang up over the past decade: the Women’s March, the “Welcome immigrants” demonstrations that filled U.S. airports in response to the “Muslim ban,” the student-led “March for our Lives” after repeated mass shootings, and the Black Lives Matter movement that erupted after the murder of George Floyd.
The cease-fire/pro-Palestinian movement had much in common with these earlier efforts. Its politics skewed left, it was youth-led, and it was racially, ethnically, and religiously diverse. The difference was that a main locus of its activities was college campuses.
While many have expressed concern that these polices are similar to McCarthy-era repression and intimidation, equally worrisome is what all of this means for the future of the university.
It began with demonstrations, teach-ins, and vigils. But as the war continued into the spring and the world became aware of the mass killings and devastation inflicted by Israel—and the Joe Biden administration’s unconditional support in the face of the enormity of human loss and suffering—the intensity of the student response grew as well. This gave birth to the “encampment movement” that rapidly spread to hundreds of campuses across the country.
From the early stages, the campus anti-war protests were confronted by a number of malign actors who sought to silence or discredit the dissent. Charging that administrations weren’t acting to quash the protests, a number of pro-Israel donors and trustees at some elite universities withdrew their financial support.
While most of the early protests were self-policed, there were often instances where students on both sides of this emotionally charged conflict engaged in hurtful or threatening behaviors. At this point, a second group of malign actors entered the fray.
A few prominent pro-Israel Jewish organisations drummed up an exaggerated campaign charging that the entire protest effort was at its core antisemitic and should be stopped to protect Jewish students who felt threatened or excluded. They published reports, conducted a huge media campaign, and testified before Congress making their case. While some examples they used were clearly hurtful, the bulk of the instances they cited were not, by any reasonable standard, antisemitic.
This effort was enough to provide the impetus for a third group of malign actors: Republican members of Congress. For the GOP, this was “a perfect storm.” The cast of villains were “elite” universities with their spoiled upper-class students, those who oppose Israel, and Democrats who tolerate, or even encourage, disruptive behaviors.
Ivy League university presidents were summoned to testify before congressional committees, where they were badgered and confronted by deceptive and misleading questions designed more for media hits than information. The pressures placed on these presidents after they bungled their confrontations before different committees resulted in many feeling compelled to resign.
Republicans sensing victory and smelling blood in the water went further in their campaigns of harassment—threatening funding for colleges that didn’t act as the GOP saw fit and demanding more oversight. They also moved from maligning the movement as antisemitic to also supporting “terrorist ideology.”
Confronted by these multi-layered challenges and fearful of the pressures from donors and congressional meddling, many universities reacted by inviting in police to dismantle the protests—often using brutal force. In a few weeks, police arrested more than 3,000 students nationwide, with universities suspending many and banning several student groups from operating on campus.
When students and faculty returned to their campuses this month, they discovered that college administrators had been hard at work during the summer revamping policies with regard to both allowable protest activity and acceptable speech. While there were some differences from campus to campus, the new regulations had enough in common to lead researchers to uncover an industry of “security consultants” who had been brought in to advise on changing campus policies and practices.
The new procedures place limits on time, place, and duration of protests and require that sponsoring groups secure permission for protest activity and, in some instances, the content of signs to be used. Some faculty have been required to submit their curriculum for review (not only by administrators but by requesting members of Congress). More problematic has been the fact that all of these changes have been made without involvement of the schools’ faculty or student senates or the established faculty/student judicial committees. Instead of dealing with infractions internally, they involve external police enforcement.
While many have expressed concern that these polices are similar to McCarthy-era repression and intimidation, equally worrisome is what all of this means for the future of the university. And this is where Goodman’s parable is relevant, because what we have is a situation where the clerks, driven by fear, political pressure, and donors have engineered a power grab bypassing the established structures of governance and have securitized campuses, restricting both academic freedom and freedom of expression.
And all of this was done to silence a new awakening in support of Palestinian human rights.
The lawsuit was filed "to vindicate the fundamental democratic and constitutional rights to free speech, free assembly, and due process against overreach by university authorities," the text said.
Students and staff at the University of California, Santa Cruz launched a lawsuit against the school on Monday for barring them from campus without due process after they were arrested at a pro-Palestinian protest in the spring.
The lawsuit, filed by the American Civil Liberties Union (ACLU) Foundation of Northern California, the Center for Protest Law & Litigation, and civil rights attorney Thomas Seabaugh, is demanding that the University "cease summarily banishing" people who exerciser their First Amendment rights as the new academic year beings.
"The bans were incredibly punitive and profoundly unfair," Rachel Lederman, senior counsel with the Center for Protest Law & Litigation, said in a statement. "They went into effect on the spot, instantly cutting students and faculty off from classes, jobs, and other school resources, such as meal plans and healthcare. On-campus residents were rendered homeless. Academic performance suffered."
"It's time to hold UCSC accountable for its illegal use of Section 626.4 campus bans against students and faculty as a tool of censorship."
One impacted student was Elio Ellutzi, a plaintiff and undergraduate who was not only made homeless and cut off from their campus job, they were forced to the miss a pre-scheduled doctor's appointment and delay treatment until the fall.
"It was terrible to miss that appointment and be cut off from my home, the library, and my notes," Ellutzi said. "This all happened during final exams and, even though I had been on the honor roll for the last two quarters, I struggled to complete my coursework and my grades really suffered."
Fellow plaintiff and UCSC undergraduate Laaila Irshad also suffered academically.
"I was a resident assistant living and working in campus housing, so the ban was devastating," Laaila said. "I failed my school courses as I could not access my computer, attend classes, or complete assignments."
The bans were issued to more than 100 students and faculty members who were arrested on the night of May 30, when the university called in more than 100 police officers to clear the school's Palestine solidarity encampment.
Everyone arrested that night was banned from campus under section 626.4 of California's Penal Code, which allows a university to withdraw its consent for an individual's presence on campus for up to two weeks. However, in order for a university to make use of the code, it must first either hold a hearing or decide that an individual poses "a substantial and material threat." Neither criteria were met in the case of those arrested in May, in violation of both state and federal law.
Chessie Thacher, a senior staff attorney at the ACLU Foundation of Northern California, said the bans were "unconstitutional and overbroad, depriving students and faculty of their due process rights."
The lawsuit explained further:
The campus police, acting under defendants' direction, handed out identical one-page Section 626.4 notices to arrestees. The officers handed out so many of these form notices en masse that they eventually ran out of paper and resorted to verbally informing students and faculty of the ban. Some people were also purportedly banned without getting either written or verbal notice. No hearing or opportunity to be heard was provided before any of these bans went into effect. No individualized findings were made about how, post-arrest, "the continued presence" on campus of each summarily banned person presented "a substantial and material threat of significant injury to persons or property."
The notices were also handed out after an arrest experience that was harrowing in and of itself, according to first-hand testimony from plaintiffs.
Christine Hong, a professor of critical race and ethnic studies, said she had gone to the encampment on May 30 to support her students:
When I arrived, I saw a line of officers advancing in militarized formation, moving forward, then stopping, and waiting before continuing their slow march down to the base of campus until they were just two to three feet in front of the line of students. From that point forward, they repeatedly attacked us in waves of violence. The police used their batons to force us so tightly into each other that some protesters were dry heaving from the batons being thrust violently into their organs. When students tried to move the batons away from their stomachs, they were ordered to stay still and bear the pain. The person next to me was later hospitalized for their injuries. In what appeared to be their efforts to pluck off protesters for arrest, officers in full riot gear were unrestrained in their violence, including grabbing people by the neck. One person sustained injuries so severe that they suffered neurological damage and now walks using a cane.
Once arrested, both Hong and Irshad described spending time in police vans with their hands tightly zip-tied and no chance to access facilities.
Irshad recalled:
I was arrested at 6:00 am, while other protesters remained on-site into the morning, still without basic necessities. We were then handcuffed tightly with zip ties and loaded into vans, where static radio blared at deafening volumes. When we pleaded for relief, the volume was increased, and when I asked to use the restroom, I was met with scorn and laughter. It was a shock to be treated so cruelly simply for exercising my right to protest.
The lawsuit stated that it was filed "to vindicate the fundamental democratic and constitutional rights to free speech, free assembly, and due process against overreach by university authorities."
"It's time to hold UCSC accountable for its illegal use of Section 626.4 campus bans against students and faculty as a tool of censorship," Seabaugh said in a statement. "Our clients did not engage in conduct that posed a threat of significant injury to anyone or anything. Banning them on the spot was not just heavy-handed, it was unconstitutional and a violation of basic democratic rights and academic freedoms. We're suing to ensure that in the coming school year, UCSC officials comply with the law and respect the constitutional limits on their power to ban students and faculty from campus."
"What the administrators have clearly failed to grasp is that repression cannot kill the student movement," one coalition said, promising "new and more creative forms of resistance."
After cracking down on anti-genocide campus protests this spring, New York University is under fire this week for its new policy equating anti-Zionism with antisemitism as Israel continues its U.S.-backed assault on the Gaza Strip.
The Anti-Defamation League—which has also been criticized for conflating the two—defines Zionism as "the movement for the self-determination and statehood for the Jewish people in their ancestral homeland, the land of Israel."
NYU's Nondiscrimination and Anti-Harassment Policy and Procedures for Students (NDAH), updated last week, states in part that "using code words, like 'Zionist,' does not eliminate the possibility that your speech violates the NDAH Policy. For many Jewish people, Zionism is a part of their Jewish identity. Speech and conduct that would violate the NDAH if targeting Jewish or Israeli people can also violate the NDAH if directed toward Zionists."
"For example," the document details, "excluding Zionists from an open event, calling for the death of Zionists, applying a 'no Zionist' litmus test for participation in any NYU activity, using or disseminating tropes, stereotypes, and conspiracies about Zionists (e.g., 'Zionists control the media'), demanding a person who is or is perceived to be Jewish or Israeli to state a position on Israel or Zionism, minimizing or denying the Holocaust, or invoking Holocaust imagery or symbols to harass or discriminate."
The policy—seen as a potential model for other universities, as the next academic year begins—was blasted by critics of the Israeli slaughter of over 40,000 Palestinians, which is being investigated as genocide by the International Court of Justice, and the U.S. campus administrations that have invited violent law enforcement oppression of anti-war protests.
NYU Faculty and Staff for Justice in Palestine (FSJP) said Sunday that it was "alarmed" by the guidance, which "sets a dangerous precedent by extending Title VI protections to anyone who adheres to Zionism, a nationalist political ideology, and troublingly equates criticism of Zionism with discrimination against Jewish people. Furthermore, the new guidance implies that any nationalist political ideology (Hindu nationalism, Christian nationalism, etc.) that is integrated into some members of that group's understanding of their own racial or ethnic identity should be entitled to civil rights protections."
The "deeply disturbing" development "will legitimize far-right and ethnonationalist ideologies under the guise of protecting students from racial discrimination," the group continued. "This weaponization of the Title VI apparatus openly threatens the university's commitments to academic freedom and to nondiscrimination, and we insist that the administration reconsider these changes for the good of the university community."
The policy change "represents an intensification of NYU's yearlong effort to censor criticism and criminalize protest of Israel's ongoing genocide in Gaza," NYU FSJP added, noting that "equating criticism of Israel or Zionism with antisemitism has been roundly critiqued by scholars of antisemitism, by Israeli human rights groups, and by our own group."
In a joint Instagram post, NYU FSJP, the campus chapter of Students for Justice in Palestine, Writers Against the War on Gaza, the Palestinian Youth Movement, and PYM New York City declared that "NYU ADMINS CHOOSE GENOCIDE."
"Under the guise of 'campus safety' and 'community values,' they informed the student body that speech against Zionism may be deemed antisemitic and a violation of civil rights law," the groups said. "This conflationary logic is not simply an effort to chill pro-Palestine speech on campus, not merely revanchist pushback for the spate of encampments and other actions that NYU students organized last spring, but a deliberate attempt to dissolve student and faculty efforts to protest a genocide that is approaching the one-year mark, with a death toll rising into the six-digit range."
"What the administrators have clearly failed to grasp is that repression cannot kill the student movement," they added. "Every attempt to silence, to punish, to quell, will be met with new and more creative forms of resistance. The students have chosen to stand with Palestine and against the racist, colonial, and expansionist ideology of Zionism. Together we will struggle alongside them, until liberation."
Several organizations are planning a National March on New York City for Gaza, scheduled for noon on Labor Day, September 2.