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On The Threats to Academic Freedom in NY and MD

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CT has a petition. The position it takes is clearly correct:

Academics and commentators—including Crooked Timber bloggers—disagree over the American Studies Association’s decision to endorse an academic boycott of Israel. There should be far less disagreement over two bills recently proposed in New York’s and Maryland’s state legislatures. These bills prohibit colleges and universities from using state monies to fund faculty membership in—or travel to—academic organizations that boycott the institutions of another country. Designed to punish the ASA for taking the stance it has, these bills threaten the ability of scholars and scholarly associations to say controversial things in public debate. Because they sanction some speech on the basis of the content of that speech, they run afoul of the US First Amendment.

We write as two academics who disagree on the question of the ASA boycott. One of us is a firm supporter of the boycott who believes that, as part of the larger BDS movement, it has put the Israel-Palestine conflict back on the front burner, offering much needed strategic leverage to those who want to see the conflict justly settled. The other is highly skeptical that the ASA boycott is meaningful or effective, and views it as a tactically foolish and entirely symbolic gesture of questionable strategic and moral value.

This disagreement is real, but is not the issue that faces us today. The fundamental question we confront is whether legislatures should punish academic organizations for taking politically unpopular stands. The answer is no. The rights of academics to partake of and participate in public debate are well established. Boycotts are a long recognized and legally protected mode of political speech. The purpose of these bills, as some of their drafters admit, is to prevent organizations like the ASA from engaging in this kind of speech and to punish those organizations if they do—merely because the state disapproves of the content of that speech. For these and other reasons, the Center for Constitutional Rights and the New York Civil Liberties Union have declared their opposition to these bills.

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