Settlement Reached in Case of Professor Fired for “Uncivil” Tweets
Center for Constitutional Rights | November 12, 2015
Chicago – Today, the Center for Constitutional Rights (CCR) and co-counsel Loevy & Loevy announced the settlement of Professor Steven Salaita’s case against the University of Illinois at Urbana-Champaign (UIUC) for firing him from his tenured position over his personal tweets criticizing the Israeli government’s assault on Gaza in 2014. Professor Salaita sued UIUC, the university Board of Trustees and high-level administrators for violating his First Amendment right to free speech and for breach of contract. Salaita’s firing became a flashpoint for debates over academic freedom, free speech, and the repression of Palestinian rights advocacy. In exchange for Professor Salaita’s agreement to release his claims, the university has agreed to pay $875,000.
“This settlement is a vindication for me, but more importantly, it is a victory for academic freedom and the First Amendment,” said Professor Salaita. “The petitions, demonstrations, and investigations, as well as the legal case, have reinvigorated American higher education as a place of critical thinking and rigorous debate, and I am deeply grateful to all who have spoken out.”
Professor Salaita’s firing prompted student walkouts; the cancellation of more than three dozen scheduled talks and conferences at the school; further pledges to boycott UIUC by more than 5,000 academics; a vote of no confidence in the university administration by 16 UIUC academic departments; and public condemnation by prominent academic organizations, including the American Association of University Professors (AAUP), the Modern Language Association, and the Society of American Law Teachers. In April, the AAUP released a scathing report on Salaita’s termination and, in June, voted to censure the UIUC for its actions. In August, a federal judge rejected the university’s argument that Professor Salaita had not actually been hired, despite a contract and his impending family move to the university, writing, “If the Court accepts the University’s argument, the entire American academic hiring process as it now operates would cease to exist.”
Within hours of the court’s decision, Chancellor Phyllis Wise, who sent Professor Salaita the letter notifying him of his termination a year prior, resigned from the UIUC. The following day, the university revealed that administrators had been using personal email accounts in an attempt to avoid publicly releasing their correspondence. In one email released under the Freedom of Information Act (FOIA), Chancellor Wise admitted that she was not only using her private email because of the litigation, but was deleting her messages after sending. Provost Ilesanmi Adesida resigned a few weeks later. Prior FOIA productions had revealed that wealthy UIUC donors had threatened to withhold funding unless Professor Salaita was terminated.
“Professor Salaita’s case galvanized champions of academic freedom and Palestinian rights activists alike, making clear that punishing speech―even speech that dares to criticize Israeli government atrocities―will not be tolerated. It resulted in widespread condemnation of the university’s actions and a federal court decision finding he had a contract and his tweets were protected by the First Amendment. Professor Salaita has in fact won―and this settlement permits him to move on and refocus on his work as a premier scholar and an excellent teacher,” said Center for Constitutional Rights Deputy Legal Director Maria LaHood.
In July 2014, after his contract with the university had been signed, Professor Salaita tweeted a number of strongly worded messages from his private account expressing his outrage and dismay at the Israeli government’s attacks in Gaza, which killed more than 500 children. Professor Salaita’s firing is part of a broader crackdown on activism for Palestinian rights that includes event cancellations, baseless legal complaints such as the ongoing case in Washington against Olympia Food Co-op board members for boycotting Israeli goods, administrative disciplinary actions, false and inflammatory accusations of terrorism and antisemitism, and legislation to prohibit boycotts of Israeli goods and institutions. The Center for Constitutional Rights co-authored a report this fall with the organization Palestine Legal on the widespread attempts to silence U.S. activists critical of Israel’s policies, called “The Palestine Exception to Free Speech”.
“Make no mistake: the size of this settlement is an implicit admission of the strength of Professor Salaita’s constitutional and contractual claims,” said Anand Swaminathan of Loevy & Loevy. “He has scored a major victory for those who care about free speech and academic freedom. In the future, university administrators will have to think twice before they choose the interests of wealthy donors and alumni over upholding their constitutional obligations. This legal victory could not have been possible without the support of a large and committed movement of activists and academics.”
For more information on the case, visit CCR’s Salaita v. Kennedy case page.
Loevy & Loevy is one of the nation’s largest and most successful civil rights law firms, dedicated to seeking justice for those whose civil rights have been violated and for whistleblowers. Our willingness to take hard cases to trial and win them has yielded a nationally recognized reputation for success in the courtroom. We only take cases we passionately believe in, we forge close bonds with our clients, and we are proud to have achieved outstanding results for them with truly uncommon consistency. Visit us at http://www.loevy.com.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.
Professor Salaita Sues University of Illinois For Free Speech Rights
By Deirdre Fulton | Common Dreams | January 29, 2015
Professor Steven Salaita, a Palestinian-American professor of Indigenous studies whose offer of a tenured position at the University of Illinois at Urbana–Champaign was rescinded last year because of his tweets criticizing the Israeli government’s bombing of Gaza, has filed a civil rights suit against the school and its top officials and donors, saying that his termination violated his First Amendment right to free speech and other constitutional rights, as well as basic principles of academic freedom.
“Like any American citizen, I have the right to express my opinion on pressing human rights concerns, including Israeli government actions, without fear of censorship or punishment,” Salaita said in a statement. “The University’s actions have cost me the pinnacle of academic achievement—a tenured professorship, with the opportunity to write and think freely. What makes this worse is that in my case the University abandoned fundamental principles of academic freedom and shared governance, crucial to fostering critical thought, that should be at the core of the university mission.”
Salaita, who is being represented by the Center for Constitutional Rights along with the Chicago civil rights law firm of Loevy & Loevy, filed the lawsuit Thursday in a U.S. federal court in Chicago.
The complaint (pdf) alleges that university officials, including the chancellor and university trustees, violated Salaita’s constitutional rights to free speech and due process of law, and breached an employment contract with him. According to CCR, the suit is also against university donors who, based on emails made public, unlawfully threatened future donations to the university if it did not fire Salaita on account of his political views.
As Common Dreams reported in September, Salaita had been awarded the tenured position in fall 2013 and was scheduled to begin on August 16, 2014—just two weeks after Chancellor Phyllis Wise rescinded the offer. University documents released in response to a public-records request revealed that Wise had been pressured by numerous pro-Israel students, parents, alumni, and big-money donors to abort his appointment. These demands followed critical comments by Salaita regarding Israel’s most recent attack on Gaza, during which thousands of Palestinians, including hundreds of children, were killed.
The university’s action, which Wise explained was taken because Salaita’s speech lacked “civility,” spurred protests from within the university as well as the academic community at-large. Sixteen academic departments of the university have voted no confidence in the university administration, and prominent academic organizations, including the American Association of University Professors, the Modern Language Association, and the Society of American Law Teachers have publicly condemned the university’s actions.
“The use of ‘civility’ as cover for violating Professor Salaita’s rights must be challenged, as it threatens the very notion of a University as a place for free inquiry and open debate,” said Maria LaHood, a senior attorney with the Center for Constitutional Rights. “There is neither a ‘civility’ exception nor a ‘Palestine’ exception to the First Amendment.”
According to CCR, the lawsuit seeks Salaita’s reinstatement and monetary relief that includes compensation for the economic hardship and reputational damage he suffered as a result of the university’s actions.
“Only donor pressure, or sheer pride, can explain the administration’s stubborn refusal to revisit a decision that has done so much harm to Dr. Salaita and to constitutional and other principles that academics hold dear,” said Anand Swaminathan of Loevy & Loevy. “The administration has something to hide, and through this lawsuit we intend to expose it.”
A Palestinian Exception to the First Amendment
By Corey Robin | September 9, 2014
Steven Salaita spoke today at the University of Illinois at Urbana-Champaign. According to the YMCA, where the event was held, some 400 students, faculty, staff, and supporters turned up.
Salaita opened with a statement. Here are some excerpts:
My name is Steven Salaita. I am a professor with an accomplished scholarly record; I have been a fair and devoted teacher to hundreds of undergraduate and graduate students; I have been a valued and open-minded colleague to numerous faculty across disciplines and universities. My ideas and my identity are far more substantive and complex than the recent characterizations based on a selected handful of my Twitter posts.
…
Two weeks before my start date, and without any warning, I received a summary letter from University Chancellor Phyllis Wise informing me that my position was terminated, but with no explanation or opportunity to challenge her unilateral decision. As a result, my family has no income, no health insurance, and no home of our own. Our young son has been left without a preschool. I have lost the great achievement of a scholarly career – lifetime tenure, with its promised protections of academic freedom.
…
Even more troubling are the documented revelations that the decision to terminate me is a result of pressure from wealthy donors – individuals who expressly dislike my political views. As the Center for Constitutional Rights and other groups have been tracking, this is part of a nationwide, concerted effort by wealthy and well-organized groups to attack pro-Palestinian students and faculty and silence their speech. This risks creating a Palestinian exception to the First Amendment and to academic freedom.
…
I am here to reaffirm my commitment to teaching and to a position with the American Indian Studies program at UIUC. I reiterate the demand that the University recognize the importance of respecting the faculty’s hiring decision and reinstate me. It is my sincere hope that I can – as a member of this academic institution – engage with the entire University community in a constructive conversation about the substance of my viewpoints on Palestinian human rights and about the values of academic freedom.
For me, the best part of his press conference was the Q and A with the media, which begins at 40:50 in the video below. I would encourage everyone to watch it because it gives you the best sense of Salaita the man, the thinker, and the teacher. As I’ve said, I don’t know Salaita personally, except through our interactions on Facebook and Twitter. I’ve never met him or heard him speak. I haven’t read his academic writings. But listening to and watching him field questions, it became clear to me why the American Indian Studies department was so eager to hire him.
My favorite exchange occurs at 43:30. Someone in the media asks him why he would want to still come and teach at UIUC. Looking around the room, which is filled with students, Salaita says:
The question is—and if I’m summarizing it incorrectly let me know—some people are wondering why I would want to work here after all of this has happened and whether it might be uncomfortable. The answer is… the answer is in this room.
Perfect.
One other point to note. At 55:00, one of Salaita’s attorneys is asked about what the litigation process would look like. The attorney replies:
There’s no question that if there is litigation there will be an intensive document retrieval process that will involve trying to get at the heart of exactly what the motivation was for this decision. We think, based on what is already known, the university is going to have some very hard arguments. But we will learn a lot. We will also be able to take depositions. And that is an opportunity to sit people down and ask them about their role in this process, their decision-making and other things. Again, Professor Salaita’s goal is not to have to go down that road. But he is prepared to do so if necessary.
I’ve long felt that one of the things that has to make the university nervous is the prospect of litigation. Yes, the university has tons of money and lawyers. But it also has interests. And one of those interests is protecting the privacy of its donors. I can’t for the life of me believe that the university really wants to risk the rage and rancor of donors having their names dragged into the harsh glare of the public spotlight. Once this case gets into court—and most experts, regardless of which side they fall, believe that Salaita has a good chance of getting into court—there will be discovery motions that will turn up all sorts of paper. What we’ve seen already is damning and embarrassing. But think about what could be coming down the pike: not only emails to and fro, but also records of phone calls, transcripts of meetings, and more. Even if the university were to win the case, they’d have to lose a lot in order to do so.
In other news, Chancellor Wise was interviewed by the Chicago Tribune.
On Monday, Wise acknowledged in an interview that she wished she had “been more consultative” before rescinding Salaita’s job offer, and said it could have led her to a different decision. She said the situation has been “challenging.”
She also said there was “no possibility” that he would work at the U. of I.
“I wish I had not consulted with just a few people and then written the letter to Professor Salaita,” Wise said. “I don’t know what the consultation would have led me to do.”
This is now the third time that Wise has said that she regrets not consulting with other voices on the campus. But this is the first time that she’s positively stated that not only did her firing of Salaita not reflect her own position, but also that she might have reached a different decision than the one she reached had she consulted other voices. Which is precisely the argument that so many of us have been making about whose voices Wise did and did not heed in this process. It almost seems as if she’s trying to give Salaita evidence for his case.
Last, Katherine Franke, who’s been leading the legal academic community on this issue, and Kristofer Petersen-Overton, a PhD candidate in political science at the CUNY Graduate Center, appeared today on Democracy Now.
I urge you to listen to the interview, in particular the part that begins at 47:00. There Kris, whom I know personally, speaks about his experience as an adjunct at Brooklyn College, where he was hired by my department to teach a course on Middle East politics for the spring of 2011 and then fired before the course began. Sound familiar? The reason he was fired? Pro-Israel forces objected to something he had written. Sound familiar? Here’s what one of the leaders of those forces, NYS Assemblyman Dov Hikind, said at the time about an academic paper Kris had written on suicide bombers:
Hikind, a staunch ally of Israel, sent a letter on Monday to Karen Gould, the college’s president, with a copy to CUNY Chancellor Matthew Goldstein, in which he questioned the adjunct’s appointment. Calling Petersen-Overton “an overt supporter of terrorism,” Hikind said he was “better suited for a teaching position at the Islamic University of Gaza.”
Hikind, who said he earned his master’s degree in political science from Brooklyn College, told Inside Higher Ed that he reached these conclusions after spending “countless hours” reading the newly hired adjunct’s work. This included, chiefly, his unpublished paper, “Inventing the Martyr: Struggle, Sacrifice and the Signification of Palestinian National Identity,” in which he examines martyrdom as it “embodies ideals of struggle and sacrifice” in the context of national identity. Hikind said such works reflect an effort to “understand” suicide bombers. “There’s nothing to understand about someone who murders women and children,” he said. “You condemn.”
Kris didn’t say anything about anti-Semitism becoming honorable, he didn’t say anything about settlers going missing, he didn’t say anything about necklaces of teeth. His crime was trying “to understand about someone who murders women and children.” As Dostoevsky did in Crime and Punishment. That was enough to get him fired.
This is why I come to this whole Salaita affair with a bit of skepticism about the tweets. It’s skepticism born of my own personal experience with four controversial fights over Israel/Palestine. If it’s not the tweets, it’s the grad student paper trying to understand suicide bombers. If it’s not the grad student paper trying to understand suicide bombers, it’s the Pulitzer-Prize-winning playwright who cannot receive an honorary degree because he’s voiced criticism of Israel. If it’s not the Pulitzer-Prize-winning playwright who cannot receive an honorary degree because he’s voiced criticism of Israel, it’s the New York City Council threatening CUNY’s funding because the political science department at Brooklyn College is co-sponsoring—not endorsing, not organizing, not funding, but co-sponsoring—a panel on BDS. If it’s not the New York City Council threatening CUNY’s funding because the political science department at Brooklyn College is co-sponsoring a panel on BDS, it’s the NYS Legislature threatening a college’s funding if it financially supports individual faculty membership in the American Studies Association, which supports the academic boycott of Israel.
Every time it’s the same goddam story: supporters of Israel, increasingly anxious over the way the conversation about Israel is going in this country, flexing their muscles to muzzle a voice, to stop a debate. (Just today Buzzfeed is reporting that AIPAC is looking for ways to pass federal legislation to stop BDS in its tracks.) A Palestinian exception to the First Amendment?
Thankfully, in Kris’s case, we were able to rally a national campaign of prominent academics, particularly in political science, to support his reinstatement. We made his case a national story. Sound familiar?
And here’s the best part, dear reader: We won.
Since I came onto the interwebs, I’ve been involved in five fights over the place of Israel/Palestine in academe: the Petersen-Overton fight, which we won; the Tony Kushner fight, which we won; the BDS at Brooklyn College fight, which we won, the NYS Assembly fight, which we won, and now the Salaita affair.
There is a Palestinian exception to the First Amendment. And we’re fighting to end it. Because that’s the way the First Amendment has always advanced in this country: not simply through reasoned argument, but through struggle.
Another Professor Punished for Anti-Israel Views
By Corey Robin | August 6, 2014
Until two weeks ago, Steven Salaita was heading to a job at the University of Illinois as a professor of American Indian Studies. He had already resigned from his position at Virginia Tech; everything seemed sewn up. Now the chancellor of the University of Illinois has overturned Salaita’s appointment and rescinded the offer. Because of Israel.
The sources familiar with the university’s decision say that concern grew over the tone of his comments on Twitter about Israel’s policies in Gaza….
For instance, there is this tweet: “At this point, if Netanyahu appeared on TV with a necklace made from the teeth of Palestinian children, would anybody be surprised? #Gaza.” Or this one: “By eagerly conflating Jewishness and Israel, Zionists are partly responsible when people say antisemitic shit in response to Israeli terror.” Or this one: “Zionists, take responsibility: if your dream of an ethnocratic Israel is worth the murder of children, just fucking own it already.”
In recent weeks, bloggers and others have started to draw attention to Salaita’s comments on Twitter. But as recently as July 22 (before the job offer was revoked), a university spokeswoman defended Salaita’s comments on Twitter and elsewhere. A spokeswoman told The News-Gazette for an article about Salaita that “faculty have a wide range of scholarly and political views, and we recognize the freedom-of-speech rights of all of our employees.”
I’ve written about a number of these types of cases over the past few years, but few have touched me the way this one has. For three reasons.
First, Steven is a friend on Facebook, and we follow each other on Twitter. I don’t know him personally but I’ve valued his unapologetic defense of the rights of Palestinians. Often he posts articles and information from which I’ve learned quite a bit.
Second, I have no doubt that an easily rattled administrator would find some of my public writings on Israel and Palestine to have crossed a line. If you’re in favor of Salaita being punished, you should be in favor of me being punished. And not just me. On Twitter, many of us—not just on this issue but a variety of issues, and not just on the left, but also on the right—speak in a way that can jar or shock a tender sensibility. We swear, we accuse, we say no, in thunder. That’s the medium. Though I’ve never really thought twice about it, it’s fairly chilling to think that a university official might now be combing through my tweets to see if I had said anything that would warrant me being deemed ineligible for a job. Or worse, since I have tenure, that an administrator might be doing that to any and every potential job candidate.
Third, Cary Nelson, who was once the president of the American Association of University Professors, has weighed in in defense of this decision by the University of Illinois Chancellor.
“I think the chancellor made the right decision,” he said via email. “I know of no other senior faculty member tweeting such venomous statements — and certainly not in such an obsessively driven way. There are scores of over-the-top Salaita tweets. I also do not know of another search committee that had to confront a case where the subject matter of academic publications overlaps with a loathsome and foul-mouthed presence in social media. I doubt if the search committee felt equipped to deal with the implications for the campus and its students. I’m glad the chancellor did what had to be done.”
Asked if he feared that the withdrawal of the job offer could represent a scholar being punished for his unpopular political views, Nelson said he did not think that was the case. “If Salaita had limited himself to expressing his hostility to Israel in academic publications subjected to peer review, I believe the appointment would have gone through without difficulty,” he said. Nelson added that harsh criticism of Israel is widespread among faculty members. “Salaita’s extremist and uncivil views stand alone. There is nothing ‘unpopular’ on this campus about hostility to Israel.”
Once upon a time I wrote an essay for an anthology Nelson edited on unions in academia. When I was the leader of the grad union drive at Yale, he came to campus and spoke out on our behalf. I thought of him as not only a champion of academic freedom but as an especially acerbic—some might even say uncivil—commentator willing to throw a few elbows at his fellow academics. One time, he even compared a fellow English professor to a vampire bat, and proceeded to make fun of his bodily movements and facial gestures. In an academic publication subject to peer review.
But in recent years Nelson has become an outspoken defender of the State of Israel and a critic of the BDS movement. A man who once called for the boycott of a university now thinks boycotts of universities are a grave threat to academic freedom. A man who serially violates the norms of academic civility—urging fellow academics to “give key administrators no peace. Place chanting pickets outside their homes. Disrupt every meeting they attend with sardonic or inspiring public theater”—now invokes those same norms against a critic of Israel. A man who once wrote that “claims about collegiality are being used to stifle campus debate, to punish faculty, and to silence the free exchange of opinion by the imposition of corporate-style conformity,” now complains about an anti-Zionist professor’s “foul-mouthed presence in social media.” A man who once called the movement against hostile environments and in favor of sensitive speech on campus “Orwellian,” now frets over a student of Salaita’s fearing she “would be academically at risk in expressing pro-Israeli views in class.”
I bring this up not to pick on Nelson, but to ask him, and all of you, a simple question: Should Nelson be deemed ineligible for another job at a university simply because of these statements he has written? Should l be deemed ineligible for another job at a university simply because of some “foul-mouthed,” perhaps even intemperate, tweets that I’m sure I have written?
But I bring up Nelson’s case for another reason. And that is that his hypocrisy is not merely his own. It is a symptom of the effects of Zionism on academic freedom, how pro-Israel forces have consistently attempted to shut down debate on this issue, how they “distort all that is right.” Nelson’s U-Turn demonstrates that we’re heading down a very dangerous road. I strongly urge all of you to put on the brakes.
In the meantime, do something for Steven Salaita. Write a note to University of Illinois Chancellor Phyllis Wise (best to email her at both chancellor@illinois.edu and pmischo@illinois.edu), urging her to rescind her rescission. As always, be polite, but be firm. Don’t assume this is a done deal; in my experience, it often is not. We’ve managed through our efforts, on multiple occasions, to get nervous administrators to walk away from the ledge.
Update (3:30 pm)
Here is a third email to add to your list; it’s actually a direct email to the chancellor. It is pmwise@illinois.edu. Also, when you write your email, please cc Robert Warrior of the American Indian Studies department at the University of Illinois. His email is rwarrior@illinois.edu. Also cc the department: ais@illinois.edu.
Update (7:30 pm)
Via my sister comes this quote from Chancellor Wise, on January 30, 2014:
Of all places, a university should be home to diverse ideas and differing perspectives, where robust – and even intense – debate and disagreement are welcomed. How do we foster such an atmosphere? Only through an unwavering and unrelenting commitment to building truly diverse communities of students and scholars.
