Last December, the student government of the City University of New York (CUNY) Law School adopted a resolution endorsing, “proudly and unapologetically,” the anti-Israel Boycott, Divestment, and Sanctions (BDS) movement. At the time, CUNY’s chancellor Felix Matos Rodriguez cited a 2016 executive order from then-Governor Andrew Cuomo, which, he argued, precluded the public law school from participating in or supporting BDS. The matter might have ended there, Steven Lubet suggests, noting that many similar BDS initiatives at schools across the country have produced little practical effect. Last month, however, the law-school faculty council unanimously endorsed the student resolution, a move that Lubet argues “might jeopardize the law school’s legitimacy.”
The student government’s impressively researched boycott resolution covers six pages, with twenty paragraphs of accusations against Israel and 26 footnotes. It protests every conceivable university connection to Israel, from using Dell computers (because CEO Michael Dell “is an Israel backer”), to free tuition for NYPD officers (because of their exchange programs with Israel), to serving Sabra hummus.
It gets worse. . . . The scope of [the student government resolution] is only revealed by a link in a footnote, which leads to an extensive BDS website. A few clicks will then take readers to the “Guidelines for the International Academic Boycott of Israel,” which include “the cancellation or annulment of events, activities, agreements, or projects involving Israeli academic institutions or that otherwise promote the normalization of Israel in the global academy, [including] conferences, symposia, workshops, book and museum exhibits.”
If honored by any law school, these limitations would constitute a blatant violation of academic freedom for future teachers, scholars, or students interested in understanding Israel—beyond its purported crimes—in their research or education. At a public law school, such sweeping viewpoint restrictions on conferences, symposia and book exhibits—prohibiting anything that “normalizes” Israel—also violate the First Amendment.
More about: Academia, BDS, First Amendment