U.S. Court Tosses Israel Lobby Lawsuit Against U.S. Scholars

Nora Barrows-Friedman March 9, 2023 Nora Barrows-Friedman Admin, Archives, West Asia
A U.S. court’s ruling sends a clear message to Israel organizations intent on suppressing advocacy for Palestinian rights / credit: Alejandro Alvarez / SIPA USA
A U.S. court’s ruling sends a clear message to Israel organizations intent on suppressing advocacy for Palestinian rights / credit: Alejandro Alvarez / SIPA USA

Editor’s Note: This article originally appeared in Electronic Intifada.

A court in Washington, D.C., has entirely dismissed a lawsuit against the American Studies Association over its support of an academic boycott of Israel.

The lawsuit, which was filed in 2016 by Israel advocates, has now failed three separate times in court – a significant defeat for the Israel lobby’s attempt to punish scholars who back Palestinian rights.

“The court found that the claims primarily arose from advocacy on an issue of public interest and were not likely to succeed,” stated the Center for Constitutional Rights.

In a 2013 referendum, members of the American Studies Association overwhelmingly endorsed an academic boycott of Israel.

The vote followed an endorsement of the boycott by the association’s governing body.

Declaring the boycott an ethical stance, the ASA said that it “represents a principle of solidarity with scholars and students deprived of their academic freedom and an aspiration to enlarge that freedom for all, including Palestinians.”

Israel advocates within the association, however, jumped into action to persecute colleagues who dared to criticize Israel.

Using a tactic known as lawfare, in which Israel lobby groups use legal means to harass and silence supporters of Palestinian rights, the plaintiffs claimed that the boycott resolution was brought by “insurgents” within the association who attempted to “subvert and change the ASA’s purpose” into a political advocacy organization.

The plaintiffs alleged that a “cabal” of leaders from the US Campaign for the Academic and Cultural Boycott of Israel (USACBI) surreptitiously took over the ASA and used their positions on its executive committee and national council to foist the boycott resolution on the association’s unsuspecting membership, misspending ASA money in the process.

A federal court threw out a key claim in the lawsuit in 2017, ruling that the ASA’s endorsement of the boycott was not contrary to the association’s charter.

After the lawsuit was initially dismissed in 2019, the plaintiffs filed an appeal, and opened a second case in the Washington, DC Superior Court.

Later that year, the Superior Court granted the defendants’ motions to dismiss in part, but denied their anti-SLAPP motion.

SLAPP suits are intended to suppress free speech and force people or organizations into spending money defending themselves in court.

But defendants appealed the denial of that anti-SLAPP motion.

The DC Court of Appeals ordered the court to reanalyze the case, resulting in the most recent ruling, notes the Center for Constitutional Rights.

The force behind the lawsuit was the Louis D. Brandeis Center, an Israel advocacy organization that has for years worked to smear Palestine solidarity activism as anti-Semitism, and attempts to suppress it with frivolous lawsuits and bogus civil rights complaints.

The organization’s former president, attorney Kenneth Marcus, represented the plaintiffs until February 2018 – when he was appointed as the Trump administration’s top civil rights enforcer at the US Department of Education.

After resigning from his position in 2020, Marcus returned to lead the Louis D. Brandeis Center.

“The purpose of lawsuits like these are really to harass and intimidate activists who support rights anywhere, but freedom and justice in Palestine in particular,” Astha Sharma Pokharel, staff lawyer with the Center for Constitutional Rights, told The Electronic Intifada.

Along with the anti-SLAPP laws that are designed to deter these kinds of attacks, the court’s dismissal “sends a message to Palestinian rights advocates that they are supported and that the law is on their side,” Sharma Pokharel added.

‘A Losing Strategy’

The Center for Constitutional Rights represented Steven Salaita, one of the defendants targeted by this lawsuit.

In 2014, Salaita was fired by the University of Illinois at Urbana-Champaign for social media comments criticizing Israel’s assault on Gaza that year.

He sued the university for breach of contract, alleging administrators acted under pressure from pro-Israel donors, later settling the case.

Salaita then found himself targeted by the lawsuit against the American Studies Association.

He told The Electronic Intifada this week that he was relieved that the DC court dismissed the lawsuit against the American Studies Association.

“It was something hanging over my head and I dislike being obliged to deal with people who deny my humanity,” Salaita said.

“I don’t know what message [Israel lawfare groups] will hear – probably nothing – but it should send them the message that it’s a losing strategy,” he said.

“More importantly, it should send them the message that even if their nonsense were to be effective according to judicial bodies in the United States, it still won’t stop anybody from agitating against the Israeli state.”

Boycotts, he added, are “designed to bypass and subvert state institutions.”

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Book Review: ‘From Here to Equality’ Counts How Much In Reparations Are Owed to Black People

Timothy Harun October 27, 2022 Timothy Harun Admin, Archives, Reviews

From Here to Equality by William A. Darity, Jr., and A. Kristen Mullen (University of North Carolina Press, 2020)

This year represents a pivotal moment in U.S. history and presents a unique opportunity to explore the primary cause behind its great wealth. In August 1619, about 20 enslaved Africans aboard an English ship called “White Lion” arrived from present-day Angola on the shores of what is now Hampton, Virginia. Over the next three centuries, multitudes of enslaved Africans would go on to endure some of the most oppressive, degrading and inhumane treatment in world history under the rule of U.S. law, while helping build the economic foundation that would allow the United States to become one of the wealthiest countries.

On July 4, 1776, the U.S. Declaration of Independence was signed into law, thus declaring the original 13 colonies free from British rule and paving the way for the formation of the United States of America. July 4, 2022, marked the 246th anniversary of this document. What cannot be overlooked is the amount of time that has passed between July 1776 and now: 246 years and three months. In the meantime, slavery in United States officially began in August 1619 and was legally abolished on December 18, 1865, due to the 13th Amendment. From August 1619 to December 18, 1865, is a timespan of 246 years and four months. That means that the institution of slavery in the United States is one month older than the country’s history as a state free from British rule.

The nearly equidistant relationship between the duration of slavery and the history of the United States as a “free nation” is relevant for several reasons. History is essentially the study of events that have taken place over a given time-period. Some people seek to minimize U.S. slavery’s economic and social impact by pushing it into the distant past. When Joe Biden was running for the U.S. presidency in 2020, his remarks from the 1970s about reparations resurfaced: “I’ll be damned if I feel responsible to pay for what happened 300 years ago.” At the time, the United States was barely 100 years removed from slavery. The issue with his declaration is it not only lacks a factual foundation. It also goes against the wartime order of “40 acres and a mule” that Union General William Tecumseh Sherman made in 1865 during the Civil War. Following his presidential victory in 1865, Andrew Johnson issued a proclamation that reversed Sherman’s attempt to redistribute land to former slaves. Nearly all the land redistributed during the war was restored to its pre-war white owners.

What makes From Here to Equality (2020) poignant is its ability to effectively quantify the economic and social impact of slavery, while elucidating a simple and just solution: Reparations. The book begins with Darity and Mullen highlighting initial attempts for reparations by Black activists like Frederick Douglass, Callie D. Guy House and others following the aftermath of slavery. In 1898, House joined forces with Isaiah Dickerson to charter the National Ex-Slave Mutual Relief, Bounty, and Pension Association (MRBP) in Nashville, Tennessee. According to Darity and Mullen (pg. 24), the MRBP’s mission was four-fold: 

  1. “identify ex-slaves and add their names to the petition for a pension;
  2. lobby Congress to provide pensions for the nation’s estimated 1.9 million ex-slaves—21 percent of all African-Americans by 1899;
  3. start local chapters and provide members with financial assistance when they became incapacitated by illness; and
  4. provide a burial assistance payment when the member died.”

However, many people within the U.S. government felt threatened by the organization’s push for reparations.

As a result, House was convicted and jailed for almost a year due to claims that (pg. 25) “they (MRBP) had obtained money from the formerly enslaved by fraudulent circulars proclaiming that pensions and reparations were forthcoming.” The practice of U.S. government officials interfering with organizations that seek the liberation of Black people would continue well into the 1900s. Black leaders like Marcus Garvey, Elijah Muhammad, the Rev. Dr. Martin Luther King, Jr., and others would all experience U.S. government repression. In 1999, the U.S. government was found guilty of conspiring to assassinate Dr. King.

From Here to Equality effectively articulates the relationship between slavery and the extreme wealth gap that exists between Black people and white people. (pg. 26)

“It is important to acknowledge that whites control political and economic power in this country. No shift in the power relationship will be possible unless the society as a whole takes action to transform the structural conditions to make racial equality a real possibility. Given the existing distribution of financial and real resources, blacks cannot close the racial wealth gap by independent and autonomous action.”

According to the 2016 Survey of Consumer Finances, “median black household net worth ($17,600) is only one-tenth of white net worth ($171,000).” The main reason is because after slavery ended, no lasting reparations were given to Black people in the form of land or wealth. Therefore, the myth that Black people can close the wealth gap through “hard work and determination” is completely illogical.

From Here to Equality is unlike any other book written about slavery, its impact on the global economy, and what’s owed to the descendants of slaves. The present moment represents a unique opportunity for the U.S. government to earnestly reckon with one of the greatest sins of its past and implement a reparations program that can help repair the conditions of Black people in the United States. Darity and Mullen close out their work by introducing (pg. 487) “several compelling calculations for monetary restitution.”

One of the more conservative estimates shows that each eligible Black descendant of U.S. slavery is owed $267,000. While H.R. 40, the 2021 congressional bill that establishes the Commission to Study and Develop Reparations Proposals for African Americans is a step in the right direction, significant pressure should be applied to not only Congress but all politicians to ensure that reparations are paid out to the Black descendants of U.S. slavery.

Timothy Harun is a writer and actor based in Los Angeles. He holds a B.A. in journalism from Hampton University.

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Survivors of Rwanda Genocide Speak Out Against U.S. Militarization of Africa, U.S./Western Complicity in Genocide

Julie Varughese June 5, 2023 Julie Varughese Admin, Africa, Archives

WASHINGTON, D.C.—An event held June 5 at the Institute for Policy Studies aimed to raise awareness and foster discussions around a new book, Survivors Uncensored: 100+ Testimonies of Resilience and Humanity, co-authored by Rwandan genocide survivors Claude Gatebuke and Delphine Yandemutso.

Not only does Survivors Uncensored bring together testimonies from survivors of the 1994 Rwandan genocide, it documents pre- and post-genocide atrocities, including in the Democratic Republic of Congo (DRC). The co-authors expressed the need for healing, reconciliation, accountability and peace promotion. Additionally, they shed light on the role of the United States and the West in atrocities currently occurring in the DRC, spanning from 1996 to today.

Panelists from left: Delphine Yandamutso and Claude Gatebuke. Moderator Steven Nabieu Rogers in the center / credit: Julie Varughese
Panelists from left: Delphine Yandamutso and Claude Gatebuke. Moderator Steven Nabieu Rogers in the center / credit: Julie Varughese

Panelists included:

  • Delphine Yandamutso, Rwanda Accountability Initiative and co-author Survivors Uncensored
  • Claude Gatebuke, African Great Lakes Action Network and co-author Survivors Uncensored
  • Salome Ayuak, Black Alliance for Peace Africa Team
  • Dismas Kitenge, special guest live from Kisangani province, DRC

Steven Nabieu Rogers of Africa Faith and Justice Network moderated the discussion. IPS Director Tope Folarin welcomed the guests.

The co-sponsors of the event included Advocacy Network for Africa, Africa Faith & Justice Network, African Great Lakes Action Network, Africa World Now Project, Black Alliance for Peace, Friends of the Congo, and Institute for Policy Studies.

The video above is the livestream of the event.

Julie Varughese is editor of Toward Freedom.

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Renewed Peace Movement Lauded As Protesters Marched in Washington, D.C., on 20th Anniversary of U.S. Invasion of Iraq

Julie Varughese March 21, 2023 Julie Varughese Admin, Americas, Archives
A demonstration took place March 18 in Washington, D.C., that coincided with the 20th anniversary of the U.S. invasion of Iraq / credit: ANSWER Coalition
A demonstration took place March 18 in Washington, D.C., that coincided with the 20th anniversary of the U.S. invasion of Iraq / credit: ANSWER Coalition

WASHINGTON, D.C.—An estimated couple of thousand of people to “several thousand” marched on March 18 in downtown Washington D.C., calling for an end to the U.S. imperialist project that they hold responsible for 20 years of a “War on Terror” on millions of people. The weekend marked the 20th anniversary of the U.S. invasion of Iraq.

U.S. interference in the form of military invasions and other types of activities since 2001 have caused the global displacement of 38 million people and the death of at least 900,000 people, according to the Costs of War Project. Those are conservative estimates.

The demonstration aimed to link the lack of funding for people’s needs in the United States with the diversity of tactics the United States uses to perpetuate wars on people around the world.

“The proxy war in Ukraine has already taken hundreds of thousands of lives, plunged the world into crisis, and will cost the people of the U.S. at least $113 billion in public money,” Press TV reported. “Over the past year, Washington has supplied Ukraine with military equipment worth more than $50 billion, excluding other types of assistance worth tens of billions of dollars.

Rally speakers representing a diverse cross-cut of U.S. society, ranging from students and Filipino migrants, to internal U.S. colonies like African and Indigenous peoples, as well as Wikileaks Publisher Julian Assange’s brother, Gabriel Shipton, gathered in front of the White House for a 1 p.m. rally. Toward Freedom Board Secretary Jacqueline Luqman also spoke, which can be found here, here and here.

Then a mile-long march kicked off that stopped briefly at the Washington Post headquarters.

Activists spoke out against the newspaper—now owned by Amazon founder Jeff Bezos—because it spread information that helped build the U.S. government’s case for the invasion of Iraq. A U.S. Senate intelligence committee report later found the war was based on false information.

“Thousands of anti-war protesters stretched for blocks without a corporate camera in sight yesterday,” tweeted independent journalist Chuck Modi, who has documented protests in Washington, D.C. “In pre-cell phone age, you wouldn’t even know it happened.”

Activists on Saturday carried coffins wrapped in the flags of countries that the United States has either invaded over the past two decades or that the United States has helped fuel a conflict inside of through the shipment of arms and funds.

More than 200 organizations demonstrated against the United States funding and arming the war in Ukraine, and called for the United States to not interfere in peace negotiations. They also spoke out against a possible military conflict with China and decried the U.S./EU sanctions regime that prevents food, fuel and medicine from reaching one-third of the world’s population.

Plus, the call was raised to close U.S. military bases around the world and U.S. military commands, such as AFRICOM. Some estimates have ranged from as little as 800 bases to thousands of bases, according to U.S. military veteran and psychologist Monisha Rios. She claimed at the International Women’s Alliance conference, held March 4-5 in Washington, D.C., that activists have used a figure based on a calculation that undercounts U.S. military installations.

People leading the march held banners that read, “Remember Iraq: No More Wars Based on Lies” and “Fund People’s Needs, Not War.”

After the march, a teach-in was held at New York Avenue Presbyterian Church, just a few blocks from the rally site. There, professor Noam Chomsky, as well as representatives from the U.S. colonies of Guam and Hawaii, gave remarks.

Activists like Asantewaa Nkrumah-Ture of Philadelphia, a member of the Black Alliance for Peace, spoke out against the international wars as well as the domestic war on the people of the United States. That includes the most recent federal government move to eliminate Supplemental Nutrition Assistance Program (SNAP) benefits to hungry families. “Roughly 60 percent of those households have children, and more than half include older people or adults with disabilities,” the Pittsburgh Post-Gazette‘s editorial board writes.

 

The protest was noted for how it was led by people who bear the brunt of U.S. imperialism.

“When the interests and positions of colonized people are respected, the turnout to mobilizations look different,” tweeted the Black Alliance for Peace, an anti-imperialist organization led by African people in the United States. “Perhaps the March 18 demonstrations signal a shift is taking place: That an anti-imperialist movement led by young African and other colonized peoples is rising.”

Many commented that a renewed movement for peace was emerging with this demonstration. About 11 million people protested the U.S. invasion of Iraq 20 years ago. An ANSWER Coalition representative did not reply to this reporter in time to confirm the number of marchers on March 18.

“Here we are again, 20 years later, because imperialism persists,” Black Agenda Report Executive Editor Margaret Kimberley told activist group Popular Resistance. “As long as that is true, the location of the war will change, the people waging the war will change, but we will still have wars. Our goal is to end imperialism.”

Besides in Washington, D.C., demonstrations were held in dozens of cities across the United States.

Julie Varughese is editor of Toward Freedom.