AMBA Statement in Support of Palestine College Protests
AMBA CONDEMNS THE REPRESSION, SILENCING, AND PHYSICAL ASSAULT OF COLLEGE STUDENTS EXERCISING THEIR RIGHTS TO PEACEFUL PROTEST & FREE SPEECH
The American Muslim Bar Association (“AMBA”), together with the undersigned civic, faith-based, and bar associations, strongly condemns universities across the United States suppressing their students’ rights to peacefully dissent and protest against the genocide of Palestinians in Gaza by the state of Israel and enabled by the United States.
Student movements in the United States have proven to be on the right side of history. We support the right of all students to peacefully dissent and protest in light of the unprecedented genocide in Gaza and the utter inaction on the part of universities and policy makers. Even when such protest and dissent is inconvenient or offensive, it is protected under the law.
Over the last month in particular, there have been several troublesome incidents during which universities have forcibly clamped down on students’ rights to protest and to express free speech.
On April 9, 2024, Malak Afaneh, a UC Berkeley law student of Palestinian descent, was forcefully and physically accosted by Catherine Fisk, UC-Berkeley law professor at a university-sponsored event just as Ms. Afaneh began to speak. At no time did Ms. Afaneh pose a threat to anyone in attendance, and her tone at all times was peaceful.
The University of Southern California enacted the “heckler’s veto” on its campus, gagging their own valedictorian Asna Tabassum, also an openly Muslim woman, for fear that she might talk about Gaza. USC then proceeded to cancel its entire university wide commencement ceremony citing “security concerns” – with no further elaboration. Ms. Tabassum has not posed any threat to anyone.
In the last week alone, there have been over 700 arrests made at pro-Palestinan protests held at college campuses for low-level offenses, like trespassing, that the ACLU Georgia correctly describes as "unconstitutional crackdowns on speech and protest."
At Columbia University, administrators called the NYPD onto its campus in order to suppress peaceful protest citing a “clear and present danger” even though this characterization was directly contradicted by the NYPD. At the behest of the university, over 120 people were arrested by the NYPD, including three legal observers.
At the University of Texas at Austin, peaceful student protestors were met by police and state troopers in riot gear with dozens of arrests made on the first day.
At Emory University, police officers used tear gas and tasers on peacefully protesting students, before arresting at least 28 demonstrators, including at least one professor.
At Ohio State University, state police overlooking an on-campus peaceful protest from atop the student union building were reportedly seen wielding sniping equipment.
Exercise of Rights to Free Speech and Peaceful Protest Without the Threat of Excessive Force or Assault
AMBA unequivocally condemns any university law enforcement, administrator, and/or faculty member physically confronting students while protesting – especially on the basis of their views. Specific acts of civil dissent may make others upset; however, directing physical force at anyone who is not posing a physical threat to others is outrageous, unacceptable, and possibly unlawful.
Agents of universities that assault students while they are exercising their right to peacefully protest must be held accountable in accordance with the law, as well as, any special standards or codes of conduct applicable to their positions.
We echo the ACLU in their position that, “...while the Constitution does not apply directly to private institutions, academic freedom and free inquiry require that similar principles guide private universities.” We also agree with the Supreme Court that, “the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.”
Students must be protected when exercising their right to free speech and protest – within public universities, private universities, and everything in between. There is no excuse for tolerating physical force against students in response to their free speech, regardless of whether it ‘disrupts’ a social gathering as in Ms. Malak’s case - or ‘disrupts’ campus operations as in the case of college encampments.
Call for Accountability
The societal context of the moment we are in cannot be overstated. The Israeli genocide of Palestinians in Gaza is being met with inaction and deafening silence by the very institutions designed to protect and give voice to people of conscience, namely universities, elected officials, and the ‘free press.’ American universities are directing discrimination towards pro-Palestine advocacy with precision.
Those who dare to speak out within the confines of the law and even with the utmost composure do so at the risk of their own personal safety. Based on widely-reported incidents of violent hate since October 7 in Illinois, Vermont, Texas, and countless other places in these United States, it is clear that a dangerous minority of Americans find it acceptable to attack, shoot, stab, and harass those advocating for the rights of the people of Palestine, as well as those merely perceived as Muslim or connected with the Palestinian cause. Against this backdrop, universities must ensure that their actions demonstrate a repudiation of such violence.
AMBA and its partners demand:
that Universities across the United States uphold the rights afforded to all students - not just those with the viewpoints they agree with - to peaceful protest and free speech.
that UC Berkeley conduct an independent, timely, and transparent investigation into Professor Catharine Fisk’s use of force against Ms. Afaneh, free from any undue influence or bias. Such investigation must take into account applicable law as well as any policies applicable to the conduct of university faculty and staff.
that the University of Southern California conduct an independent, timely, and transparent investigation into the role of anti-Palestinian animus in its decision to cancel Asna Tabassum’s valedictorian speech - and ultimately canceling the entirety of its commencement ceremony.
Signed,
The American Muslim Bar Association
Council on American-Islamic Relations - National
Council on American Islamic Relations - NJ Chapter
Alliance for Sustainable Communities–Lehigh Valley
Islamic Scholarship Fund (ISF)
Muslim Foundation Inc
Shia Muslim Council of Southern California
Muslim Bar Association of Houston
Muslim Bar Association of New York
Philadelphia National Lawyers Guild
Footnotes
See Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese, available at https://news.un.org/en/story/2024/03/1147976. Additionally, a California federal court, and the International Court of Justice have found the Israeli military offensive in Gaza to constitute a plausible genocide.
https://www.nlg.org/national-lawyers-guild-response-to-uc-berkeley-law-student-protests-for-palestine-professor-uses-physical-force/