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    The Harvard and UPenn presidents walked into a trap in Congress | Moustafa Bayoumi

    Last week in Congress, Representative Elise Stefanik proved how well she can throw a dead cat.Let me explain. During an hours-long hearing on 5 December, members of Congress grilled university presidents from Harvard, MIT and the University of Pennsylvania, some of the country’s most elite institutions of higher learning, about antisemitism on their campuses. But it was Stefanik’s questioning that grabbed the spotlight. She repeatedly asked the presidents essentially the same question: does calling for the genocide of Jews on your campus constitute harassment, yes or no?The question is a trap, of course, and for several reasons. The first and most important reason is that there’s no evidence anyone since 7 October, or even in recent history, has called for the genocide of Jews on any American campus, public or private. Stefanik’s question implies that such calls are commonplace, but she offered no proof.The second reason this is a trap is that the question can’t be answered with just “yes” or “no”. Public universities, as state actors, are bound by the first amendment, as are private universities which receive federal funding. And the vast majority of private universities guarantee freedom of speech and academic freedom as part of their core mission. The American university is, by tradition and design, precisely where abhorrent ideas can be uttered. So, if someone had called for the genocide of Jews, which they haven’t, that would be extremely disturbing but still protected speech.The utterance alone does not constitute harassment. In fact, the utterance should be an opportunity to debate and debunk – and not silence – the worst ideas of our day. To rise to harassment, such conduct must be targeted at an individual and, as a 2019 supreme court case decided, be “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit”. Context makes the difference, or as this 2011 article, published by the American Bar Association, says: “It is the context that matters, and the context helps to make the determination about whether conduct is actionable under school policy or protected by the First Amendment.”The third reason the question is trap is that the situation is complicated by the overarching codes of conduct many universities have adopted, codes that I believe do often (wrongly) cross over into limiting speech. But here, too, Stefanik seems confused. Writing in the Wall Street Journal after the hearing, Stefanik ridiculed Harvard for requiring incoming undergraduates to take an online training session to help them identify language and behavior that could be considered hateful to others. But, while mocking Harvard’s approach, Stefanik – a rising Maga Republican – is at the same time demanding to be included in it. So, which is it?To recap: all three presidents were asked how they would hypothetically punish hypothetical students for uttering hypothetical thoughts. They answered, albeit with lawyerly detachment. Yet their responses were deemed by many, from the White House on down, as callous and insufficiently protective of Jewish students. Following the hearing, all the presidents attempted damage control, but the University of Pennsylvania president has since resigned.Meanwhile, not a word was spoken about the threats that Palestinian, Arab, or Muslim students and faculty (and their supporters) are facing. Billboard trucks drive around Cambridge, Massachusetts, and New York City and Washington, broadcasting the names and faces of Palestinian supporters and libelously labeling them “antisemites”. University leaders suspend campus groups such Students for Justice in Palestine in moves the ACLU has said “harken back to America’s mistakes during the McCarthy era, and in the months and years after 9/11”. Three Palestinian college students, speaking a mixture of Arabic and English, were shot in Vermont over Thanksgiving break in what was “absolutely was a hateful act”, the Burlington police chief told CNN. On 29 November, dozens of students and some faculty members at Trinity College, where one of the students is enrolled, walked out of a vigil for the injured student because they say the campus administration is downplaying their insecurity on campus.But there is something even more ominous in Stefanik’s questions. “You understand that the term ‘intifada’ in the context of the Israeli-Arab conflict is indeed a call for … the genocide of Jews,” she asked the Harvard president, Claudine Gay. I’m not aware if Stefanik is an Arabic speaker, but I suspect she’s not since she’s wrong again. The term “intifada” literally means “shaking off”. It’s often translated as “uprising”, and there have been non-violent and violent periods of Palestinian uprisings against a brutal Israeli occupation. At no point, however, has the word ever stood as a call for the genocide of Jews. What a gross misrepresentation.But Stefanik’s questions are aimed at backhandedly discrediting words like “intifada” and patrolling the language we use to describe the Palestinian struggle. (We see the same thing with the phrase “from the river to the sea”, a version of which incidentally forms part of the founding charter of Benjamin Netanyahu’s Likud party.) Needless to say, demonizing the Arabic language works to demonize Palestinians, Arabs and the world’s Muslims. And handing over the definitions of our political terms to partisan politicians would spell the death of free inquiry in this country.Which brings us back to Stefanik’s dead cat. In politics, a “dead cat strategy” is used to divert attention away from one issue and on to another by metaphorically throwing a dead cat onto a dining room table in the middle of a dinner party. “People will be outraged, alarmed, disgusted,” is how Boris Johnson once described the strategy. “That is true, but irrelevant,” he continued. “The key point … is that everyone will shout, ‘Jeez, mate, there’s a dead cat on the table!’ In other words, they will be talking about the dead cat – the thing you want them to talk about – and they will not be talking about the issue that has been causing you so much grief.”What Congress is not talking about is that the Israeli assault on Gaza has killed at least 17,000 people, over 7,000 of them children, and injured over 49,000. Israel has cut off regular supplies of food, water, fuel, electricity and medical supplies. Around 1.8 million Palestinians of Gaza’s 2.2 million have been displaced. More than 60% of the housing has been destroyed. Half the population is officially starving. Hospitals, historic mosques, essential libraries and the entire foundation of a society have been bombed into rubble. Meanwhile, the US was again the sole UN security council veto for a ceasefire, and the state department invoked an emergency measure to expedite weaponry to Israel that will almost certainly kill civilians. On 9 December, a group of esteemed scholars of genocide and Holocaust studies warned in a public letter “of the danger of genocide in Israel’s attack on Gaza”.Elise Stefanik would have us believe that that we should be more worried about non-existent calls for genocide on American college campuses than with what many experts are warning is an actual genocide in Gaza, funded and supported by US bombs and political cover. So, all credit where credit is due. She really knows how to throw a dead cat.
    Moustafa Bayoumi is a Guardian US columnist More

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    US university presidents face firestorm over evasive answers on antisemitism

    The presidents of three of the nation’s top universities are facing intense backlash, including from the White House, after they appeared to evade questions during a congressional hearing about whether calls by students for the genocide of Jews would constitute harassment under the schools’ codes of conduct.In a contentious, hours-long debate on Tuesday, the presidents of Harvard, the University of Pennsylvania and the Massachusetts Institute of Technology (MIT) sought to address the steps they were taking to combat rising antisemitism on campus since the beginning of the Israel-Hamas war. But it was their careful, indirect response to a question posed by the Republican congresswoman Elise Stefanik of New York that drew scathing criticism.In an exchange that has now gone viral, Stefanik, a graduate of Harvard, pressed Elizabeth Magill, the president of UPenn, on Tuesday to say whether students calling for the genocide of Jews would be disciplined under the university’s code of conduct. In her line of questioning, Stefanik appeared to be conflating chants calling for “intifada” – a word that in Arabic means uprising, and has been used in reference to both peaceful and violent Palestinian protest – with hypothetical calls for genocide.“If the speech turns into conduct, it can be harassment,” Magill replied, in a reference to distinctions in first amendment law. “It is a context-dependent decision.” Stefanik pushed her to answer “yes” or “no”, which Magill did not.The backlash was swift and bipartisan.“It’s unbelievable that this needs to be said: calls for genocide are monstrous and antithetical to everything we represent as a country,” said Andrew Bates, a White House spokesperson. “Any statements that advocate for the systematic murder of Jews are dangerous and revolting – and we should all stand firmly against them, on the side of human dignity and the most basic values that unite us as Americans.”The White House was joined by several Jewish officials and leaders in condemning the university presidents’ testimony before the US House committee on education and the workforce, at a hearing called by Republicans titled Holding Campus Leaders Accountable and Confronting Antisemitism.Josh Shapiro, the Democratic governor of Pennsylvania, said the simple response was “yes, that violates our policy.” Speaking to reporters on Wednesday, Shapiro urged UPenn’s board to meet soon, as a petition calling for Magill’s resignation garnered thousands of signatures. According to CNN, Penn’s board of trustees held an “emergency meeting” on Thursday.The liberal Harvard law professor Laurence Tribe noted that he rarely agreed with Stefanik, a far-right Trump ally, but wrote: “I’m with her here.”The Harvard president Claudine Gay’s “hesitant, formulaic, and bizarrely evasive answers were deeply troubling to me and many of my colleagues, students, and friends”. Tribe added.Republican presidential candidates also seized on the episode, folding it into their broader criticism of the US’s elite institutions as too “woke” and liberal.In an interview with the conservative radio host Hugh Hewitt on Thursday, Ron DeSantis, who has led the rightwing crackdown on higher education as Florida’s governor, said the college presidents’ lack of moral clarity was a reflection of the liberal orthodoxy permeating higher education.“I think what this has revealed is the rot and the sickness that’s been festering inside higher education for a long time,” said DeSantis, a graduate of Harvard Law School who is running for president. He continued: “They should not be these hotbeds of anti-Americanism and anti-Semitism. But that’s what they’ve become.”Amid a surge in youth activism around the conflict, university leaders have struggled to balance the free speech of some pro-Palestinian activists with the fears of Jewish students who say the rhetoric crosses a line into antisemitism. In a number of cases, schools have responded by banning campus groups supportive of Palestinian rights.During their appearances, Magill, Gay and Sally Kornbluth of MIT all expressed alarm at the rise of antisemitism and Islamophobia on college campuses, some of which have triggered federal investigations by the Department of Education. In response, the presidents said they had taken steps to increase security measures and reporting tools while expanding mental health and counseling services. They also said it was their responsibility to ensure college campuses remain a place of free expression and free thought.In a new statement on Wednesday, Gay stated: “There are some who have confused a right to free expression with the idea that Harvard will condone calls for violence against Jewish students. Let me be clear: calls for violence or genocide against the Jewish community, or any religious or ethnic group are vile, they have no place at Harvard, and those who threaten our Jewish students will be held to account.”Magill also sought to clarify her remarks to the committee in a video statement, in which she said her response to Stefanik’s question was an attempt to parse the university policies stating that speech alone is not punishable. But in doing so she said she failed to acknowledge the “irrefutable fact” that such speech represents a “call for some of the most terrible violence human beings can perpetuate.“I want to be clear, a call for genocide of Jewish people is threatening – deeply so,” she said, adding: “In my view, it would be harassment or intimidation.”In the video, posted to X, Magill said the university’s policies “need to be clarified and evaluated” and committed to immediately convening a process to do so.Some free speech advocates expressed alarm at the possibility that universities may respond to the backlash by adopting speech-restrictive policies that depart from the protections of the first amendment, which governs government actors including public schools. But the universities at issue in Tuesday’s hearing are all private. Fire, the Foundation for Individual Rights and Expression, called Magill’s comments on re-evaluating Penn’s policies a “deeply troubling, profoundly counterproductive response” to the anger.“Were Penn to retreat from the robust protection of expressive rights, university administrators would make inevitably political decisions about who may speak and what may be said on campus,” it said in a statement. The result of placing new limits on speech, it said, would mean “dissenting and unpopular speech – whether pro-Israeli or pro-Palestinian, conservative or liberal – will be silenced”. More

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    US university presidents to testify before Congress over claims of antisemitic protests on campuses

    The presidents of Harvard University, the University of Pennsylvania and the Massachusetts Institute of Technology, three of the country’s most prestigious universities, are set to testify before a congressional committee next week on claims that antisemitic protests have taken place on their campuses, marking the latest window into ongoing tensions sparked by the Israel-Hamas war.Next Tuesday, Harvard’s Claudine Gay, Penn’s Liz Magill and MIT’s Sally Kornbluth will stand before the House education and workforce committee, a body chaired by Virginia Foxx, a Republican from North Carolina.“Over the past several weeks, we’ve seen countless examples of antisemitic demonstrations on college campuses. Meanwhile, college administrators have largely stood by, allowing horrific rhetoric to fester and grow,” said Foxx in a statement introducing the hearing, which is titled Holding Campus Leaders Accountable and Confronting Antisemitism.Foxx said college and university presidents have a responsibility to foster and uphold a safe learning environment for both students and staff.“Now is not a time for indecision or milquetoast statements,” she added. “By holding this hearing, we are shining the spotlight on these campus leaders and demanding they take the appropriate action to stand strong against antisemitism.”Earlier this month, the US Department of Education’s office for civil rights opened investigations into possible ancestry or ethnic discrimination at several universities, including Cornell, Penn, Wellesley College, Cooper Union, Lafayette College, the University of Tampa and Columbia.Of those, at least five allege antisemitic harassment, and two allege anti-Muslim harassment. The office for civil rights said the investigations are part of “efforts to take aggressive action to address the alarming nationwide rise in reports of antisemitism, anti-Muslim, anti-Arab and other forms of discrimination”.But finding a line between legitimate protest and discrimination or hate speech has proven difficult for US university leaders, who are bidden to uphold academic and political speech freedoms in their charters.Harvard’s statement of rights and responsibilities, for instance, maintains that “a diverse and inclusive community depends upon freedom of expression; we are not truly inclusive if some perspectives can be voiced and heard while others cannot”.But notably, a recent poll found that more than half of Jewish US college students said they felt unsafe. Muslim students at universities across the country have said the same.Harvard has come under attack from alumni, including Mitt Romney, the Utah senator, for not doing enough to keep Jewish students safe. Some donors have also said they will stop funding the university.Billionaire investor Bill Ackman, a former student, has called university administrators to discipline protesters who violate rules because without disciplining they will take “more aggressive, disruptive and antisemitic actions”.Earlier this month Gay, Harvard’s president, wrote to alumni saying the institution rejects “all forms of hate, and we are committed to addressing them”, adding that the school had “started the process of examining how antisemitism manifests within our community”.While the House hearing is focused on antisemitism, there are also numerous claims of Islamophobia. Earlier this month, a professor at the university of Southern California allegedly walked on a list of names meant to memorialize the more than 11,000 Palestinians killed in Gaza since 7 October and remarked: “Everyone should be killed, and I hope they all are.”In a statement Hussam Ayloush, CAIR-LA’s executive director, said: “Anti-Palestinian rhetoric has been at an all-time high these last few weeks – especially at schools and universities – and wrongly conflating Palestinians and those who are in solidarity with the innocent people of Gaza with Hamas is only adding fuel to the flames of hate.”University officials, he added, “must also take action to provide protective measures and resources for Muslim, Palestinian, and Arab students as well as any others who are targeted by hate and bigotry”.Earlier this month, New York’s Columbia University saw around 400 students gathered to criticize university leaders for suspending two pro-Palestinian student groups, Justice in Palestine (SJP) and Jewish Voice for Peace (JVP), after forming a task force on antisemitism.The university said the groups had repeatedly violated policies related to holding campus events including one that “included threatening rhetoric and intimidation”. More