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Showing posts sorted by relevance for query protest. Sort by date Show all posts

Tuesday, October 8, 2024

20-year UVA law school librarian forced to seek redress from President Jim Ryan; defending the right to protest in the face of illegal disciplinary action

Contact: Ben Doherty, 434-282-9009

Charlottesville - On Saturday, May 4th, Ben Doherty (they/them) joined hundreds of UVA co-workers, students and community-members protesting for university leadership to divest from Israel’s war-machine.

Not only do Ben and coworkers have a demonstrable right to protest under the law, it’s also the case that UVA as a public institution has legal restrictions that prevent it from infringing on such rights. However, in response to this May 4 protest, UVA law school leadership issued Ben a “Letter of Counseling.” Letter of Counseling refers to an optional first step in discipline by the VA Department of Human Resources Management’s Standards of Conduct which has jurisdiction over UVA.

On June 25th, Ben was joined by coworkers on a delegation where they asserted the need for UVA to accept its legal restrictions and honor Ben’s right to protest. In response to this delegation, the UVA law school’s Assoc. Dean sent an email to Ben indicating, “a letter of counseling is not a disciplinary action.” However the email also sent mixed messages that were out of step with DHRM requirements. The Asst. Dean would not categorically agree that the result of ruling it not discipline is by extension ruling it unable to be referenced in any future cumulative evaluation or attempts at termination. The Asst. Dean encouraged Ben to take a one-on-one with Dean Leslie Kendrick. However, that meeting on July 12th did not resolve anything.

The unwillingness to comply with Ben’s rights is a risk not only for Ben but for their coworkers as well. That’s why Ben and their team have decided that the issue must be brought to the attention of UVA President Jim Ryan. Ben will lead a delegation to President Jim Ryan’s office tomorrow Wednesday, Oct. 9th at 1pm.

***

What: Delegation to President Jim Ryan

When: Wednesday, Oct. 9th, 1pm.

Where: Launching from Gingko Tree (b/w Rotunda & Chapel), UVA Campus 145 McCormick Rd.

***
Please see below: Full statement from the UCW-UVA’s campaign committee to defeat retaliation.

On Wednesday, October 9 at 1:00pm, United Campus Workers-University of Virginia (UCW) will rally to “say no to retaliation” outside of Madison Hall at the University of Virginia. UCW has chosen that location to tell UVA President Jim Ryan that it will not accept retaliation against any workers for exercising their right to protest.

On May 4, 2024 the University of Virginia administrators sent in riot police to violently break up the encampment for Palestine. After attacking the protesters with shields and chemical weapons, the police arrested 27 people. One of the people arrested was Ben Doherty (they/them pronouns), a librarian who has worked at the law school for over 20 years. Like the other arrestees, Ben was charged with criminal trespass–a charge that was later dismissed; and given a No Trespass Order barring them from campus–which was also soon rescinded since Ben was not an actual threat to anyone at the university.

However–in addition to the police violence, dismissed criminal charges, and rescinded No Trespass Order–on May 21, 2024, the law school issued a “letter of counseling” to Ben. The letter mischaracterizes Ben’s lawful protest against genocide in Palestine as insubordination and explains that “future conduct of this kind, whether at the Law School or elsewhere at the University, will very likely result in disciplinary action up to and including termination.” That is now the second “letter of counseling” the law school has placed in Ben’s employment record, the first being in 2018 when Ben objected to the presence in the law library of one of the main organizers of the white nationalist Unite the Right rally who was harassing people in the law school, and whom the University had failed to issue a No Trespass Order.

Workers everywhere have a right to protest and the United Campus Workers will collectively oppose any retaliation against workers for exercising that right. The University cannot be allowed to illegally chill anyone’s right to protest against genocide. UCW has already raised its concerns about this illegal and chilling discipline twice earlier this summer, and now is asking Jim Ryan to stop this retaliation threatening Ben’s termination for engaging in their right to protest as a member of the world community.

Quote from Ben Doherty: “In 2017 and 2018, I was present when University administrators did nothing to protect UVA students, staff and community members from blatant white nationalist violence and harassment. In 2024, I was also present when University administrators sent violent riot police in to attack and arrest people protesting against genocide in Palestine. In both cases, University leadership failures fell on the backs of students, workers and community members. To cover these failures, the University wants to keep people quiet and we all must work collectively to push back against University retaliation designed to chill our right to protest injustice.”

Gary Broderick
UCW-VA Lead Organizer
804-347-4942



Saturday, June 29, 2024

Democratic Protests on Campus: Modeling the Better World We Seek (Annelise Orleck)

As an aging college professor, I found myself in a surprising position on the evening of May 1: face down in the grass of the Dartmouth College Green, with a heavily armored riot policeman kneeling on my lower back, and three others holding me immobile. Police wrenched my arms painfully behind me as they roughly tightened plastic zip ties on my wrist that cut sharply into my skin. “You’re hurting me,” I cried. “Please stop.”

I found myself croaking the words that I have heard so many victims of police brutality say before me: “I can’t breathe.” One of the officers growled at me, “You can talk. You can breathe.” I thrashed and gasped for air, while they threatened to charge me with resisting arrest, then pulled me up hard to my feet and pushed me toward a college van that the administration had provided police to facilitate the only mass arrests I have seen in my thirty-four years of teaching at Dartmouth.

Like many colleges and universities, after student encampments spread across the country calling for a ceasefire in Gaza and for divestment from companies that profit from Israel’s war, Dartmouth had banned tents on the Green. College policy violations don’t usually result in arrests, so Dartmouth chose to press charges against protesters for “criminal trespass.” As a recent court order made clear, “the State arrested each named defendant at Dartmouth College’s behest.”

When New Hampshire riot police arrived, there were ten students sitting quietly in five tents, surrounded by maybe 150 supporters, who had linked arms around them. It was a notably diverse protest, with Jewish, Christian, Muslim and Buddhist faith communities involved.

Over the years, there have been myriad peaceful student-led protests on the Dartmouth Green: to support campus unions, denounce sexual violence, call for divestment from fossil fuels and, before that, from companies that profited from South African apartheid. There have been rallies decrying racist statements in the famously conservative Dartmouth Review, calling for protection of undocumented students and opposing the incarceration of migrant children. 

Not since the late 1960s has Dartmouth called in riot police to assault protesters. Across the country, student protest has flourished largely unrestrained on college campuses since the disastrous 1970 crackdowns at Kent State in Ohio and Jackson State in Mississippi cost six students their lives. Why now are we seeing beatings and arrests of thousands? What moved college administrators this spring to make such a sharp change in how they handle peaceful student protest?

On the night of May 1, eighty nine people, myself included, were brutally arrested by phalanxes of heavily armed men in full body armor with helmets, truncheons, police dogs, and an armored vehicle. They descended alongside several local police forces, apparently called in by the college president and the Republican Governor of New Hampshire, Chris Sununu, who, hours earlier, had condemned campus protests for peace in Gaza as “100 percent antisemitic.”

A disproportionate number of those arrested that night were students of color. Their own experiences of state violence and discrimination have sensitized them to the suffering of Palestinians. Some of the arrested were, as I am, Jewish. This fact reflects the broader movement for a ceasefire in Gaza, which contains a disproportionate number of Jews who are moved by our religion’s call for tikkun olam (repair of the world) to denounce the genocide being committed in our names. The narrative promoted by politicians, many media pundits and supporters of Israel that these protests are “100 percent antisemitic” is, on my campus and many others, 100 percent untrue.

These violent crackdowns on campuses have been executed in the name of fighting antisemitism, defending free speech and keeping campuses “safe.” Dartmouth’s president and other college administrators have argued that calling riot police and arresting protesters is not an infringement of their rights to free expression. Rather, they insist, there are proper and improper ways to protest. “Occupations,” (the word they use to describe the tent encampments student protesters have used to evoke the situation in which more than a million displaced Gazans are now living,) infringe on the freedom of those who disagree with the protesters, making them uncomfortable and perhaps physically impeding them as they walk to or from classes or dorms. Some Jewish students who have suffered such discomfort have filed class action lawsuits against their universities for not protecting them.

Regardless of where you stand on whether campus officials should arrest peaceful protesters whose speech is making some other students feel uncomfortable, it is crucial to recognize that this new campaign against alleged anti-Semitism on campuses is not instigated by Jewish undergraduates who feel unsafe. It is well-funded and well-coordinated by powerful organizations with international reach – some of them funded to the tune of tens of millions of dollars by wealthy conservative donors from the U.S. and Israeli state coffers. The Institute for the Study of Global Anti-Semitism and Policy,closely tied to Israel’s ruling Likud party, has provided research and data to members of Congress and state governments seeking to pass anti-Boycott Divestment and Sanctions laws. ISGAP research was also cited in Republican-led Congressional hearings investigating the so-called rise of “anti-semitism” on college campuses.

While ISGAP has concentrated on government agencies, many suits against colleges and universities have been litigated by the Louis D. Brandeis Center, founded in 2011 to combat civil rights violations against Jewish or Israeli students. The Brandeis Center usually sues for violations of Title VI of the Civil Rights Act of 1964 which forbids discrimination against or exclusion of anyone on the grounds of race, color or national origin in any program receiving federal funds. It has launched suits and legal complaints against Columbia, Harvard, University of Vermont, American University, Brooklyn College, Tufts, the University of Southern California and many other campuses. The Center has also promised to clean up “the morass of Middle Eastern studies,” mounting complaints against 129 Middle Eastern studies programs and centers on campuses.“When universities fail to comply with their legal obligations,” the Brandeis web site declares, “the center holds them accountable by taking legal action.”
(https://brandeiscenter.com/our-impact/)

Does all of this make politicians and college administrations tread carefully when students protest Israeli policy? You bet. The massive P.R. campaign to delegitimize criticism of Israel has also powerfully influenced mainstream media coverage of the protests. It has been not just relentlessly negative but wildly alarmist: one CNN anchor compared the campus protesters to Hitler youth on campuses in the 1930s; an MSNBC host compared the protesters to those who stormed the Capitol on January 6, arguing that campus protests are motivated only by hate.

As an historian of U.S. politics and social protest movements, it seems clear to me that we are in the grip of a national mass hysteria – not unlike the Red and Lavender Scares of the post-World War II years, when Hollywood actors, writers, New York schoolteachers and postal service workers, federal employees in Washington, D.C. were called in front of Congressional investigating committees and interrogated about past Communist Party sympathies or hidden gay lives.

In that era, Communists and gay people were painted as threatening to U.S. national security, because Communists were thought to want to give away secrets to our enemies and closeted gay people were seen as vulnerable to blackmail by foreign spies. Now it is critics of Israel’s war in Gaza who are seen as threats to U.S. national security, because they question long-standing agreements to supply billions in weapons annually to our primary ally in the Middle East. The U.S.-Israel relationship makes a few people (some of whom are on the Boards of Trustees of colleges and university campuses) a lot of money. 

In 2022, more than 2/3 of foreign investment in Israel came from the U.S. And Israel’s investments on the tech-heavy NASDAQ exchange are fourth in the world – smaller only than those of the U.S., Canada and China. Seen in that light, we can understand why student protesters’ calls for colleges and universities to divest from companies tied to Israel are being seen by Trustees and politicians alike as an existential threat. Dartmouth’s president is a director of the largest hedge fund on earth, headed by an Israeli tech guru and which invests heavily in Israeli technology.

Money is certainly part of what is fueling the bi-partisan response of politicians to this year’s wave of student protests. Politicians heavily funded by Israel’s premier lobbying firm – the American Israel Public Affairs Committee – are more than happy to conflate criticism of Israeli policy with anti-Semitism. Just as members of both parties in Congress -- from the 1940s through the early 60s -- feared being called soft on Communism, now politicians are weaponizing fears of a “new anti-Semitism” to further their own political agendas and line their pockets– bolstering military and technology contractors in Israel and the U.S. as they rile up voters in the 2024 election cycle. Fear sells. It generates both profits and votes.

That’s where the campaign of shock and awe came in. It all happened so quickly it was head spinning. 

On April 27, a student protest at Washington University in St. Louis resulted in 100 arrests. Steve Tamari, a Palestinian history professor from a nearby university, was thrown to the ground by police with such force that he suffered multiple broken ribs and a broken hand. His crime – filming the police action. 

On April 30, the New York Police Department made 300 arrests at Columbia and City College, barricading students into their dorm rooms, jailing protesters without water for 16 hours, holding two in solitary confinement. 

On May 2, the Los Angeles Police Department broke up an encampment of UCLA student protesters. For hours they watched as a right-wing mob (of self-proclaimed Zionists some of whom were armed thugs with ties to actual neo-Nazi and anti-LGBTQ groups) beat them, shot fireworks at them, then sprayed chemical irritants. When the LAPD did step in, officers shot unarmed peace protesters and faculty in the chest, face, arms and legs with “less than lethal” munitions. 

According to one volunteer medic, injured protesters were prevented from seeking much-needed hospital care until police had zip tied and arrested them.

The carnage continued at the University of Virginia where -- seven years earlier – actual neo-Nazis had marched with torches chanting Jews Will Not Replace Us. No police moved in to stop them. But, on May 4, 2024, Virginia riot police called in by UVA’s president pepper-sprayed and violently arrested peaceful protesters, destroying both tents and students’ belongings. 

Two and a half weeks later, on May 21, riot police used gas and chemical irritants to break up a Gaza ceasefire protest at the University of Michigan, on a part of campus that – like our Green - has hosted peaceful protests for decades without incident.

More than 3,100 were arrested at Gaza protests on college campuses from April to June 2024. ACLED (the Armed Conflict Location and Event Data Project) found that 97.4% of these protests were completely peaceful. Most of those arrested, myself included, were charged with criminal trespass – standing on the property of the institutions where they study and work. Interestingly, prosecutors from Manhattan to Austin have begun to drop charges against hundreds of protesters, for lack of evidence and – as one Indiana prosecutor put it – because the charges are “constitutionally dubious.” So far, New Hampshire has refused that route.

This theater of repression did what it was supposed to: bringing in riot police makes it seem that peaceful protest is actually threatening. And those who cracked down on the threat were lauded. In late June, Dartmouth was cited in the Chronicle of Higher Education as the only Ivy League campus not investigated by Congress for anti-Semitism. Our president continued to insist that she was acting in defense of free speech when she called armed police to arrest peaceful protesters.

Similarly, Republican congressional interrogators gloated over the resignations of the Presidents of Harvard and the University of Pennsylvania late last year. In mid-May, as riot police were flooding campuses to “clear” encampments, Elise Stefanik and Virginia Foxx called to Capitol Hill the Presidents of Northwestern University and Rutgers University, where administrators chose to negotiate rather than call police on their own students. The irony of a Jewish, pro-Israel university president Michael Schill, being dressed down by Republican House members with ties to actual white supremacist, homophobic, antisemitic and Islamophobic organizations, should not have been lost on anyone. But alas it was. Because that is how mass hysterias work.

Some of the loudest self-appointed Congressional defenders of American Jewry supported the January 6, 2021 assaults on Capitol Hill, where some protesters wore Camp Auschwitz shirts and others wore clothing with the logo 6MWE – which means 6 Million Wasn’t Enough. Those same members of Congress are now convening hearings to “investigate” how anti-Semitism is allegedly running rampant on college campuses and in K-12 schools.

There’s another piece to this perfect storm. Calling in armed state police to beat and jail teenage protesters may be seen as an alarming new stage in a 70-year-war by conservative politicians and intellectuals to “retake” higher education from “tenured radicals” who, allegedly, poison students’ minds by radicalizing them. Israel and its supporters have their agenda right now regarding campuses but so too do conservative educators and politicians.

The war on campus radicals can be traced at least as far back as William Buckley’s 1951 polemic, God and Man at Yale. It heated up with Roger Kimball’s 1990 screed, Tenured Radicals: How Politics Has Corrupted Our Higher Education. In 1994, Lynn Cheney, former head of the National Endowment for the Humanities, rejected the American History Standards she had commissioned (and which were worked on by actual American historians) as paying too much attention to “obscure” figures like Underground Railroad conductor Harriet Tubman and embarrassing topics like Red Scares and the KKK, and not enough to Confederate generals like Robert E. Lee or inventors like Orville and Wilbur Wright, the so-called fathers of aviation.

Those first battle cries were alarming at the time. They seem almost quaint now. The assault on education has intensified mightily since 2010, with the passage of book bans,bans on trans children competing in team sports and “divisive concepts” laws in more than 20 states that forbid teachers to discuss anything that makes students or, more likely, parents uncomfortable. In some districts this has meant a ban on teaching the history of slavery, systemic racism, sometimes the Holocaust, and certainly anything positive about LBGTQ people. Along with riot police on campus, have come new policies ending or drastically limiting Diversity, Equity and Inclusion programs, and calls for an end to Middle Eastern Studies programs, Women’s, Gender and Sexuality Programs and more.

The bans on teaching the history of minority communities in the U.S. being waged in Florida, Texas and other states, go hand in hand with a spate of laws introduced since the racial justice protests of 2020 to criminalize protest in general. Teaching “divisive concepts” – conservative education officials assert, fuels protests. Post-9/11 anti-terrorism legislation is now being adapted so that all kinds of acts of civil disobedience–blocking pipelines, roads and bridges for example – can be prosecuted as terrorism and protesters can be harshly punished.

A series of steps now being considered in Washington, D.C. (and state capitols) will take us farther down that slippery slope. H.R. 6408, which has already passed the U.S. House and is awaiting consideration in the Senate, will give the Secretary of the Treasury unilateral power to terminate the tax-exempt status of any organization that provides “material support” – and that includes speech acts – to any terrorist organization.

This helps to explain why Columbia University suspended its campus chapters of Students for Justice in Palestine and Jewish Voices for Peace. While there is zero evidence of any links between those groups and Hamas, Israeli government-funded campus surveillance agencies such as Canary Mission, along with the Anti-Defamation League and AIPAC, have repeatedly charged campus activists with providing aid and comfort to Hamas. That charge has been echoed ad infinitum by some vehemently pro-Israel faculty, students and administrators. 

If H.R. 6408 becomes law, we will undoubtedly see numerous colleges and universities suspending or banning student groups engaged in protest – not just of Israeli policy but also of U.S. foreign policy. Student protesters talk of a “Palestine exception” to free speech protections. But if these bills become law, protest for any reason will be subject to harsh punishment.

As part of the crackdown on recent calls for ceasefire in Gaza, Congress reauthorized an expanded version of Section 702 in April. This post-9/11 program of warrantless mass surveillance (including private communications) has already been used against Black Lives Matter activists and journalists. A proposal to reform Section 702 to require warrants for surveillance of U.S. citizens was defeated, with the ADL and other pro-Israel groups arguing that it would hamstring surveillance of “pro-Palestinian” movements.

There has been, without doubt, a rise in anti-Semitism in this country and around the world. But the most worrisome antisemitism is not coming from student protesters calling for an end to the horrific war in Gaza. In the age of Trump we have seen the rise of a vast network of violent white supremacist, anti-Semitic, Islamophobic and homophobic groups. Frighteningly, most of them are armed to the teeth with actual weapons of war. Continued erosion of any kind of gun control makes them more dangerous than ever.

But I want to go one step farther and say that - like the Red Scare of the 1950s, the violent crackdown on student and faculty protest over the past few months is itself antisemitic. It has targeted Jews disproportionately, seeks to enforce through state violence, surveillance, and legislation, a particular political stance that all Jews must adhere to, and insists that if Jewish students and faculty ally with Muslims, Christians and Buddhists to oppose Israeli policy, we can all be charged with supporting terrorism.

It seeks to eviscerate the rich array of Jewish identities – which have always included people critical of Zionism. There is no room in this view for Jews whose identity is rooted in the long tradition of Jewish support for minority and worker rights, democratic pluralism and social justice.

It is ironic, even tragic, that campus protesters have been so demonized. Because, in some very real ways, the student encampments have modeled the new world that we must bring into existence if there is to be peace, in Israel/Palestine and beyond. At encampments across the country, Jewish and Muslim students have broken bread together, prayed together and shared insights and rituals from their religious traditions. These students—the very same ones we are targeting for arrest, beatings, suspensions and expulsions—may just be leading us toward new visions of what is possible. And, in these dark times, we need that if we are to move forward.

Thursday, September 26, 2024

Elite Universities on Lockdown. Protestors Regroup.

[Updated 9-29-24]

Elite universities have changed their policies to significantly reduce free speech and free assembly. In response, college students and their faculty allies are having to regroup and rethink how they protest the US-Israel war against Palestine as it expands in the Middle East. On the establishment side, will universities further crack down on students and faculty, wherever peaceful protests might occur?  

Campus "Crime and Punishment"

Elite universities like UCLA have dramatically reduced the areas that students can speak and assemble freely, restricting protesters to free speech zones, a common tactic used by the US government during the War on Terror. Universities have also upped surveillance measures and punished students involved in protests, with limited due process. 

The visible resistance may now be limited on campuses where students have been detained, assaulted, arrested, expelled, and banned from campus. Foreign students wary of facing deportation may also be keeping quiet, publicly.     

In California, Governor Gavin Newsom has signed a bill to update public university codes of conduct "and train students on how to protest with civility, a response to pro-Palestinian demonstrations that erupted across the state last spring." The bill was opposed by pro-Palestinian Groups and the ACLU.


Protests Off Campus

There have been a number of protests against the US-backed war that has expanded from Gaza, to the Occupied West Bank, Lebanon, Yemen, Syria, and Iran. Demonstrations have been held in New York, Chicago, Los Angeles, Washington, DC and other college towns, including Iowa City, home of the University of Iowa.  Those protests will be closely observed and documented by law enforcement. 

With the help of the American Legislative Exchange Council (ALEC) and the fossil fuel lobby, states have already crafted anti-protest legislation to reduce public free speech and free assembly.  According to the UK Guardian, 45 states have considered new anti-protest legislation since 2017.  

Protests on Campus

Over the last week, there were small protests at Penn State University and the University of Arizona.  The Penn State demonstration, which had about 60 attendees, was supported by Penn State Students for Justice in Palestine (SJP), the Student Committee for Defense and Solidarity (SCDS), the Muslim Students’ Association (MSA), the United Socialists at Penn State (USPSU) and the People's Defense Front - Northern Appalachia. The impromptu Arizona protest was set up by the Party for Socialism and Liberation. At Cornell University, about 100 students protested a career fair that included defense contractors Boeing and L3 Harris. It's not surprising that these demonstrations would be small, given recent crackdowns across the country. 

Collaboration Between Elite Schools and Law Enforcement

Will elite schools work with law enforcement at the local, state, federal, and international level to further restrict free speech and freedom of assembly?  And university administrators try to quell dissent, will students be more harshly disciplined for planning and engaging in peaceful protests, of any type, on and off campus? 

Related links:

Democratic Protests on Campus: Modeling the Better World We Seek (Annelise Orleck)

Methods of Student Nonviolent Resistance

Wikipedia Community Documents Pro-Palestinian Protests on University and College Campuses

One Fascism or Two?: The Reemergence of "Fascism(s)" in US Higher Education

A People's History of Higher Education in the US

Wednesday, January 15, 2025

University of Colorado sued for free speech violations over response to Israel-Hamas war protest (John Herrick)

[Editor's note: This article first appeared at the Boulder Reporting Lab.]

A University of Colorado Boulder student and an employee filed a lawsuit in the U.S. District Court on Jan. 10, alleging the university violated their free speech rights following a protest related to the war in Gaza.

Sophomore Mari Rosenfeld and recent graduate Max Inman, the plaintiffs, claim CU Boulder retaliated against them for participating in an Oct. 3 protest organized by Students for Justice in Palestine (SJP) during a career fair at the University Memorial Center.

The lawsuit follows several other legal challenges against universities nationwide over restrictions on student protests over the Israel-Hamas war. These cases often underscore a tension universities face in balancing the protection of free speech with maintaining campus order.

According to the complaint, Rosenfeld and Inman sought to oppose U.S. support for Israel and the involvement of corporations allegedly linked to the war. Inman entered the University Memorial Center’s Glenn Miller Ballroom, where the career fair was held, and used a bullhorn to claim that corporations attending the job fair were profiting from the war. A police officer then directed the protesters to leave and they left, according to the lawsuit. 

The next day, the university issued an “interim exclusion” order barring Rosenfeld and Inman from attending certain university activities — except for classes — and placed SJP in “bad standing,” effectively revoking its status as a recognized student organization, according to the lawsuit. The plaintiffs argue these actions violated their First and Fourteenth Amendment rights, as well as a state law protecting student protests.

“Plaintiffs are being singled out based on their viewpoint and the content of their speech by Defendant University of Colorado Boulder and its administration in an effort to stifle further demonstrations,” the lawsuit states. 

Rosenfeld and Inman allege the punishment also prevented them from working the on-campus portions of their jobs. They are seeking monetary damages and a court order to prohibit the university from barring future pro-Palestinian protests at the UMC. They are also seeking an order to remove disciplinary notations related to the protest from their student records. 

The lawsuit names the University of Colorado and CU Boulder’s chancellor, Justin Schwartz, dean of students, Devin Cramer, and deputy dean of students, Holly Nelson. The university has not yet been served the lawsuit, according to a spokesperson. The spokesperson said the campus would review the filing and determine its response but declined to comment further.

The case reflects a broader national trend of universities cracking down on student activism related to the Israel-Hamas war. During the peak in the spring and summer 2024, universities imposed stricter rules, issued suspensions and called in police to arrest students — though many charges were later dropped. While some campuses have seen large-scale protests, CU Boulder has not experienced such encampments.

“Banning students from campus to prevent them from speaking out about an unjust war cannot go unchallenged,” Dan Williams, a lawyer with the local civil rights firm Hutchinson Black and Cook who is representing the plaintiffs. “I’m pleased to be fighting for the rights of these students to have their voices heard.”

Sunday, February 2, 2025

The Death of DEI (Margaret Kimberly, Black Agenda Report)

Black people must be discerning about racist attacks on DEI programs while also acknowledging that “diversity” can be a con that damages Black politics, just as it was meant to do.

The sight of Al Sharpton holding a protest at a New York City Costco store is a sure sign that very problematic politics are being practiced. In this instance, Sharpton’s theatrics were inspired by the corporations which discontinued their Diversity, Equity, and Inclusion (DEI) programs. DEI has been in conservative crosshairs with conservative think tanks and activists filing numerous lawsuits claiming that the programs are discriminatory. The same corporations who joined in the performative DEI programs when it was convenient have now run for cover. Costco is one of the few who didn’t and so got the seal of approval from Reverend Al.

Corporate DEI programs came into vogue in 2020 in the wake of nationwide protest after the police killing of George Floyd. The fact that both white police and corporate CEOs were “taking a knee” allegedly in sympathy with protesters should have been a sign that anything emanating from these gestures was a joke at best and a betrayal at worst.

According to a 2023 report , only 4% of chief diversity officer positions in U.S. corporations were held by Black people, who also had the lowest average salaries. DEI mania was a public relations effort intended to stem Black protest while doing nothing to improve the material conditions of Black workers, even for those who were involved in this project. The usual hierarchies remained in place, with white men and women getting the top jobs and the most money. Also Black people were not the only group subject to DEI policies, as other “people of color,” women, and the LGBTQ+ community were also competing for a piece of the questionable action.

In addition to the right wing legal attack, Donald Trump is so obsessed with ending DEI in the federal government that all employees connected with such programs were placed on administrative leave after one of his many executive orders were issued. Federal workers were instructed to report on their knowledge of any DEI activity that hadn’t been ferreted out. The Trump administration DEI ban means that agencies are being told not to even allow for any affinity events or celebrations. Although that idea might not be bad if it prevented the FBI from claiming to honor Martin Luther KIng , a man they surveilled, harassed, and encouraged to commit suicide. Not to be deterred in the Trumpian witch hunt, the Air Force briefly deleted information about the Tuskegee Airmen and Women Army Service Pilots (WASPs) from a basic training curriculum, only to return the information after public outrage emerged when military heroes, usually revered, were getting the usual rough treatment meted out to Black people.

Yet it is difficult to ignore the Trump anti-DEI frenzy. At its core it is an effort to disappear Black people from public life altogether under the guise of protecting a white meritocracy which never existed. However, it would be a mistake to embrace a failed effort which succeeds only at liberal virtue signalling and creating a more diverse group of managers to help in running the ruling class machinery.

DEI was a repackaging of affirmative action, a term which fell into disfavor after years of complaint from aggrieved white people and which was undone by Supreme Court decisions. Like affirmative action, it was a calculated response to serious political action, action which threatened to upend a system in dire need of disrupting and bringing the justice and the democracy that are so often bragged about yet that remain so elusive.

As always, Black people are caught between the proverbial rock and hard place, not wanting to ignore Trumpian antics while also being wary of any connection with the likes of Al Sharpton. The confusion about what to do is rampant and mirrors the general sense of confusion about Black political activity.

When the Target retail outlet ended its DEI programs there were calls for boycotts. Of course others pointed out that Target sold products created by Black owned companies which would be harmed by the absence of Black shoppers. All of the proposals are well meaning, meant to mitigate harm and to help Black people in their endeavors. Yet they all miss the point.

The reality of an oppressive system renders such concerns moot. Racial capitalism may give out a crumb here and another there, and allow a few Black businesses some space on store shelves. If nothing else it knows how to preserve itself and to co-opt at opportune moments. Yet the fundamentals do not change. DEI is of little use. But by ending it, Trump evokes great fear in a group of people whose situation is so tenuous that it still clings to the useless and discredited Democratic Party to protect itself from Trump and his ilk.

It is absolutely necessary to leave the false comfort of denial that gives the impression Trump is offering some new danger to Black people. The last thing Black people need is for the CIA or the State Department to hide their dirty deeds behind King birthday celebrations or Black History Month events. Black History Month should be a time when plans for liberation are hatched, making it unattractive to enemy government agencies to even consider using for propaganda purposes.

The death of DEI should not be mourned. Its existence is an affront to Black peoples’ history and valiant struggles. DEI is just one of many means to keep us compliant and to give legitimacy to what isn’t legitimate. If Al Sharpton is marching anywhere the best course of action is to stay very far away.

Margaret Kimberley is the author of Prejudential: Black America and the Presidents . You can support her work on Patreon and also find it on the Twitter , Bluesky , and Telegram platforms. She can be reached via email at margaret.kimberley@blackagendareport.com

Sunday, July 14, 2024

Methods of Student Nonviolent Resistance

Resistance has been an essential part of democracy. And the Higher Education Inquirer has reported on a number of nonviolent actions taken by college students and workers across the US. We have also recognized the brutal physical and economic violence that has been a part of US history and social structure and a major contributor to the ineffective counter-violence that has sometimes resulted. 

According to the Albert Einstein Institution, "far too often people struggling for democratic rights and justice are not aware of the full range of methods of nonviolent action. Wise strategy, attention to the dynamics of nonviolent struggle, and careful selection of methods can increase a group’s chances of success." 

Nonviolent strategies include three broad categories: (1) nonviolent protest and persuasion, (2) noncooperation (social, economic, and political), and (3) nonviolent intervention. 

A list of 198 Methods of Nonviolent Action is posted on the Brandeis University website. The list is based on Gene Sharp's Methods of Nonviolent Action (1973), but this document is not exhaustive.  Strategies and tactics may need to change with what works in these times: with new technology and greater understanding about how humans think and behave.

 

Historical Examples

Nonviolent protests for justice and democracy and against white supremacy occurred at Shaw University (1919), Fisk (1924-25), Howard (1925), and Hampton Institute (1925-27).  

In the early 1940s, James Farmer, a Howard Divinity School graduate, with students from the University of Chicago established the Congress of Racial Equality (CORE), an interracial group focused on nonviolent direct action for civil rights. 

The 1960s were recognized for student activism, including the formation of the Student Nonviolent Coordinating Committee (SNCC), at Shaw University. This organization, and people like Ella Baker, were an essential part of the civil rights movement. 

In the 1970s and 1980s, divestment campaigns were an important part of the campaign against South African apartheid. Protesting for divestment against private prisons has also occurred on US campuses.  

Most recently, there were a number of campus occupations to protest the destruction of Gaza and the mass killing of civilians. And protests about climate change have been visible on a number of campuses for years. In these cases, we can expect more serious conflict to occur if these issues are not sufficiently addressed. 

As always, we appreciate your comments and constructive criticism.  

Related links: 

Black Study, Black Struggle (Robin D.G. Kelley, Boston Review)

A People's History of Higher Education in the US? 

Student Activism 

Student Nonviolent Coordinating Committee

Modeling civil unrest in the United States: some historical cases (Bryan Alexander)

One Fascism or Two?: The Reemergence of "Fascism(s)" in US Higher Education

US Higher Education and the Intellectualization of White Supremacy

Democratic Protests on Campus: Modeling the Better World We Seek (Annelise Orleck)

HurricaneTWOU.com: Digital Protest Exposes Syracuse, USC, Pepperdine, and University of North Carolina in 2U edX Edugrift

Wikipedia Community Documents Pro-Palestinian Protests on University and College Campuses

Rutgers University Workers Waging Historic Strike For Economic Justice (Hank Kalet)

University of California Academic Workers Strike For Economic Justice (November 14 to December 23, 2022)

Terri Givens and “Radical Empathy: Finding a Path to Bridge Racial Divides”

I Went on Strike to Cancel My Student Debt and Won. Every Debtor Deserves the Same. (Ann Bowers)

DEBT STRIKE! (Debt Collective)