Salaita Update: Settlement Reached in Case of Professor Fired for 'Uncivil' Tweets

Salaita Update: Settlement Reached in Case of Professor Fired for 'Uncivil' Tweets

Salaita Update: Settlement Reached in Case of Professor Fired for 'Uncivil' Tweets

By : Jadaliyya Reports

[The following press released was issued on 12 November 2015 by Steven Salaita`s legal defense team.]

Settlement Reached in Case of Professor Fired for “Uncivil” Tweets

Contact: Jen Nessel, (212) 614-6449, jnessel@ccrjustice.org

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. Visit www.ccrjustice.org and follow @theCCR.

  • ALSO BY THIS AUTHOR

    • Jadaliyya Co-Editor Noura Erakat Discusses Mahmoud Khalil Arrest and Trump's Abuses on Democracy Now!

      Jadaliyya Co-Editor Noura Erakat Discusses Mahmoud Khalil Arrest and Trump's Abuses on Democracy Now!

      Jadaliyya co-editor Noura Erakat joined Democracy Now! to discuss the unjust arrest and detainment of Columbia graduate and Palestinian activist Mahmoud Khalil, as well as the bipartisan complicity in perpetuating anti-Palestinian rhetoric responsible for the suppression of free speech among activists historically. In this interview, Erakat emphasizes on the importance of continuing to resist the tyranny of American imperialism and Zionism in the wake of neocolonial racism. 

    • REGISTER NOW: The Critical Amazigh Studies Summer Institute (30 June - 11 July)

      REGISTER NOW: The Critical Amazigh Studies Summer Institute (30 June - 11 July)

      Over the past two decades, Amazigh Studies has gained momentum, fostering new academic and cultural initiatives in both North Africa and the Anglophone world. This Critical Amazigh Studies Summer Institute (CASSI) aims to remedy the shortcomings of the current situation of Amazigh studies in Anglophone academia by offering seminars, lectures, workshops, and language learning opportunities, equipping participants with the crucial tools they need to engage critically with Amazigh cultural production, historiography, and critical scholarship. 

    • Jadaliyya Co-Editor Mouin Rabbani Discusses US Direct Negotiations with Hamas on MSNBC (10 March)

      Jadaliyya Co-Editor Mouin Rabbani Discusses US Direct Negotiations with Hamas on MSNBC (10 March)

      In this interview with Ayman Mohieddin for MSNBC, Jadaliyya Co-Editor Mouin Rabbani discusses the context, opportunities, and pitfalls of Washington engaging in unprecedented direct negotiations with Hamas. The opportunities presented by Washington’s recent outreach to Tehran is also considered.

Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412