AMP, in coalition, push back against Zionist harassment at UC Davis

The American Muslims for Palestine, as part of the Student Speech coalition, signed onto a letter the group sent to the University of California, Davis to protest harrasment by pro-Israel  and noted anti-Palestinian instructor Tammi Rossman-Benjamin and her organization, the  AMCHA Initiative, regarding a peaceful protest that was held on the UC Davis campus more on Nov. 19, 2012. In tactics being employed against other universities and Palestine solidarity events, Rossman-Benjamin wrote a letter of complaint, making false assertions about those who participated in the event. Ken Marcus of the Brandeis Center wrote a similar letter. 

The coalition letter states: "[Rossman-Benjamin's] letter recites a demonstrably false version of what transpired on campus that day and calls on your administration to take harsh measures against UCD students, faculty and administrators who did nothing wrong. While you may have a duty to investigate the matter, it is important that such irresponsible charges be soundly rejected and exposed for what they really are: part of an ongoing, nationwide effort by AMCHA Initiative, the Brandeis Center and several other groups to suppress any expression of views critical of Israeli government policies toward Palestinians..."

Chancellor Linda P.B. Katehi
University of California, Davis
Office of the Chancellor
One Shields Avenue
Davis, California 95616-2065

March 13, 2013

Re: AMCHA Initiative letter concerning November 19, 2012, student protest

Dear Chancellor Katehi:

We write on behalf of the undersigned civil rights and advocacy organizations and on behalf of Students for Justice in Palestine, UC Davis Chapter (SJP), with great concern over a letter sent to you in late January by UC Santa Cruz instructor Tammi Rossman-Benjamin’s “AMCHA Initiative” regarding a peaceful protest that was held on the UC Davis campus more than two months before, on November 19, 2012. From UCD’s responses that AMCHA made public, we are aware that you received a similar letter from Kenneth Marcus of the Brandeis Center.

The letter recites a demonstrably false version of what transpired on campus that day and calls on your administration to take harsh measures against UCD students, faculty and administrators who did nothing wrong. While you may have a duty to investigate the matter, it is important that such irresponsible charges be soundly rejected and exposed for what they really are: part of an ongoing, nationwide effort by AMCHA Initiative, the Brandeis Center and several other groups to suppress any expression of views critical of Israeli government policies toward Palestinians by labeling such criticism as anti-Semitism and thus an attack on Jewish students. Nothing could be further from the truth.

As for the November 19 incidents, with this letter we are submitting a detailed statement by a person who was present at both the rally on the quad and the teach-in that followed in the foyer of Dutton Hall, and another statement confirming the observations of the first statement. Those statements are appended as Attachment 1 and Attachment 2 to this letter. We also call to your attention a 20-minute video recording of part of the Dutton Hall gathering, posted on YouTube by AMCHA Initiative itself, which belies many of the specific allegations made by the group as to what occurred there.

To summarize and add some remarks to the witnesses’ refutation of AMCHA’s factual allegations:

• While emotions ran high among those gathered to protest Israel’s attack on the Gaza Strip that week as well as among a small group of counter-protestors, the rally on the East Quad was entirely peaceful and devoid of any suggestion that the rally organizers harbored anti-Jewish bias, or simplistic anti-Israeli bias for that matter.
• Underlining this observation is the fact that one of the witnesses, Eran Zelnik, who identifies himself as Jewish and Israeli, was one of the speakers at the rally and was warmly received by the protestors.
• While some signs and banners may have expressed opposition to Zionism, for instance, it is deeply flawed logic to conflate that, as AMCHA does, with anti-Semitism, and morally and legally wrong to urge the university to suppress political speech merely because it upsets some students.
• The witness statements and AMCHA’s own video contradict its allegations that the discussion in Dutton Hall constituted a forceful “takeover” of the building or that it involved “violent” behavior and “threats” by the participants. Had that occurred, there is no doubt that the campus administrators present the entire time would have intervened and summoned police.
• Several of the counter-protestors were not only permitted to observe the discussion in Dutton Hall, but also to air their own views in a provocative manner and even record much of the event on video. Only when the subject changed to strategizing were they asked to stop, but even then they were not ejected. 
• As at the earlier rally, none of the remarks recorded or reported by witnesses expressed bias or hostility toward Jews or Judaism. Quite the contrary. While some discussants advocated disallowing what they called “free speech” for people they deemed racist, and while we may disagree with such sentiments (if that was the intended meaning, which is questionable), ironically it is groups like AMCHA Initiative and the Brandeis Center that are demanding that universities suppress speech to which they object, and which they wrongly label as “anti-Semitic.”

UCD is not alone in being pressured with such false charges and demands to investigate incidents that have been severely distorted. The same individuals and groups behind this attack on free speech have, among other things:

• Leveled similar false charges against administrations at other UC campuses, accusing them of failing to protect Jewish students, often based on patently untrue depictions of campus events. The talk by two Israelis at UCD in February 2012 is a prime example. A disruption by a single student, unknown to the Students for Justice in Palestine members who were present, was nevertheless blamed on the student group in an effort to slander them and undermine their advocacy.
• Initiated a lawsuit alleging civil rights violations at UC Berkeley, which was promptly dismissed last year by a judge who affirmed that the activities complained of were likely constitutionally protected speech.
•  Filed at least four civil rights complaints to the U.S. Department of Education (DOE) against UC campuses. No complaints have thus far resulted in findings of civil rights violations, but the lengthy investigative processes have caused a chilling effect on student activists advocating for Palestinian rights and their many, diverse supporters who should not have to think twice and be concerned about repercussions for expressing their opinions about issues that are important to them.
• Urged the passage of HR 35, a California state legislative resolution that instructed the University of California to adopt clearly unconstitutional limitations on free speech, rejected even by UC President Mark Yudof. Numerous legislators now say they were misled into supporting the resolution, having been told only that it condemned anti-Semitism. The resolution’s definition of anti-Semitism, however, improperly included many examples of discourse about Israeli state policies common among many Americans – and Israelis, for that matter.

The individuals and groups behind these attacks on Palestinian rights activists – and on the universities that “allow” them to speak – are attempting to conflate criticism of Israel and Zionism with anti-Semitism. This is an assault on students who advocate for Palestinian rights and freedom – many of whom are Jewish – and an irresponsible trivialization of real anti-Semitism, which we of course denounce along with all other forms of racial, religious, ethnic or other bias.

For a more in-depth discussion of the seriousness of this problem, we also attach two letters written recently to the DOE as part of the DOE’s investigation at UC Berkeley: a letter from Alan L. Schlosser, Legal Director of the ACLU for Northern California (enclosed as Attachment 3); and a response letter to the DOE by Christopher Patti, Chief Counsel for UC Berkeley (enclosed as Attachment 4).

We trust that these comprehensive letters will afford you and others in the UC Davis administration a greater understanding of what is really transpiring, and that this knowledge will strengthen your resolve to uphold free expression for all students and faculty.

While the rally was not organized by SJP, much of the criticisms in the AMCHA letter are targeted at pro-Palestinian students at UCD. Therefore SJP and its representatives ask to meet with you concerning this incident. Please contact Christina Sinha at the Asian Law Caucus, [email protected], (415) 848-7711, to arrange a time to meet with our groups.

Sincerely,

Davis Students for Justice in Palestine

Asian Law Caucus

Council on American-Islamic Relations – California

American Muslims for Palestine

Jewish Voice for Peace

National Lawyers Guild – S.F. Bay Area Chapter

Cc: Provost & Executive Vice Chancellor Ralph J. Hexter, via email

Chief Campus Counsel Steven Drown, via email

Associate Campus Counsel Michael Sweeney, via email