Five Takeaways from the ASA Debacle

What should from the American Studies Association’s lopsided December 15 vote to endorse the anti-Israel boycott?  Here are five takeaways:

  1. The Jewish  Community Got Beat

There is no question about it.  The American Studies Association’s anti-Israel boycott resolution  is a defeat for everyone who is concerned about anti-Semitism and anti-Israelism in higher education.  The ASA is the largest, most important academic association to support the movement to boycott, divest from and sanction Israel (BDS).  By a membership vote of nearly 2-to-1, the ASA voted to support a limited academic boycott of Israel, the first country that the association has ever seen fit to treat in this manner.  The ASA vote followed similar unanimous resolutions by the Association for Asian American Studies http://www.insidehighered.com/news/2013/04/24/asian-american-studies-association-endorses-boycott-israeli-universities in April and the leadership council of the Native American and Indigenous Studies Association in December.  http://www.insidehighered.com/quicktakes/2013/12/18/native-american-studies-group-joins-israel-boycott

 

For years, Israel’s supporters have observed that BDS tarnishes Israel’s reputation even when it fails.  Until recently, BDS resolutions failed over and over again in the United States.  Yet each battle imposed a cost, as Israel was falsely cast in the public mind as a rogue nation.  The harm is obviously greater when these resolutions actually pass, as they have recently on some university campuses, such as the University of California at Berkeley and Irvine.  The ASA resolution gives a scholarly imprimatur to a cause that is at best political and at worst bigoted.

 

  1. The ASA Was Tarnished Too

 

In the end, the ASA may be the biggest loser, and this outcome will not be lost on other associations.  For its efforts, the ASA is now publicly mocked, ridiculed and condemned, even by some of its members and former presidents, http://www.telospress.com/opposing-the-israel-boycott-by-the-american-studies-association/ as well as by major scholars http://www.nytimes.com/2013/12/27/education/academic-leaders-denounce-israel-boycott.html?hpw&rref=education&_r=1&

and numerous university presidents.  The American Association of University Professors announced that the boycott would violate the academic freedom “not only of Israeli scholars but also of American scholars who might be pressured to comply with it.”

 

Four universities have already terminated their institutional memberships in the ASA.  Penn State Harrisburg was the first to cut its formal ties, followed by Brandeis University, Indiana University at Bloomington, and Kenyon College.  These four institutions should be honored for their leadership.  Indiana University, in a strong statement, http://news.iu.edu/releases/iu/2013/12/israeli-academic-boycott-statement.shtml

announced that it “values its academic relationships with colleagues and institutions around the world, including many important ones with institutions in Israel, and will not allow political considerations such as those behind this ill-conceived boycott to weaken those relationships or undermine the principle of academic freedom in this way.”

 

In short order, over sixty universities have issued strong statements rejecting the ASA’s actions.   Some institutions, like the University of Chicago have responded http://news.uchicago.edu/article/2013/12/22/university-statement-academic-boycotts with strong statements denouncing academic boycotts and the academic societies that promote them.  Professor William A. Jacobson compiled this list http://legalinsurrection.com/2013/12/list-of-universities-rejecting-academic-boycott-of-israel/

of institutions that have denounced the ASA boycott:

 

  1. American University (D.C.)
  2. Birmingham Southern College
  3. Boston University
  4. Bowdon College
  5. Brandeis University
  6. Brooklyn College, CUNY
  7. Brown University
  8. Case Western Reserve University
  9. Cornell University
  10. Dickinson College
  11. Duke University
  12. Florida International University
  13. Fordham University
  14. George Washington University
  15. Hamilton College
  16. Harvard University
  17. Haverford College
  18. Indiana University
  19. Johns Hopkins University
  20. Kenyon College
  21. Lehigh University
  22. Massachusetts Institute of Technology
  23. Michigan State
  24. Middlebury College
  25. New York University
  26. Northwestern University
  27. Ohio State
  28. Princeton University
  29. Purdue University
  30. Rhode Island College
  31. Rutgers University
  32. Smith College
  33. Stanford University
  34. The City University of New York
  35. Trinity College (CT)
  36. Tufts University
  37. Tulane University
  38. University of Alabama System
  39. University of California System
  40. University of California-Berkeley
  41. University of California-Irvine
  42. University of California-San Diego
  43. University of Chicago
  44. University of Cincinnati
  45. University of Connecticut
  46. University of Delaware
  47. University of Illinois at Urbana-Champaign
  48. University of Kansas
  49. University of Maryland
  50. University of Maryland – Baltimore County
  51. University of Miami
  52. University of Michigan
  53. University of Pennsylvania
  54. University of Pittsburgh
  55. University of Southern California
  56. University of Texas-Austin
  57. Washington University in St. Louis
  58. Wesleyan University
  59. Willamette University
  60. Yale University

61.    Yeshiva University

 

 

  1. Others May Cut Ties

 

More universities may, and should, cut their institutional memberships with ASA.  As former Harvard University President Lawrence Summers has cogently argued, http://www.charlierose.com/watch/60313913

“My hope would be that responsible university leaders will become very reluctant to see their university’s funds used to finance faculty membership and faculty travel to an association that is showing itself not to be a scholarly association but really more of a political tool.”

 

The ASA has publicizes a list of its institutional members,  http://legalinsurrection.com/2013/12/how-can-these-u-s-universities-justify-membership-in-american-studies-association-after-israel-boycott/ which is now readily available thanks to Professor William A. Jacobson:

 

AMERICAN STUDIES ASSOCIATION – INSTITUTIONAL MEMBERS 2013

 

Alberta Institute for American Studies

Bard Graduate Center

Boston College

Boston University

Brandeis University

Brigham Young University

Brown University

California State University, Fullerton

California State University, Long Beach

Carnegie-Mellon University

Centre for the Study of the United States

College of Staten Island, CUNY

College of William and Mary

Cornell University

Crystal Bridge Museum of American Art

CUNY Graduate Center, American Studies Certificate Program

DePaul University

Dickinson College

Eccles Centre for American Studies, The British Library

Emory University

Fordham University

Franklin College of Indiana

George Washington University

Georgetown University

Hamilton College

Harvard University

Historical Society of Western Pennsylvania

Indiana University

Kennesaw State University

Kenyon College

Lehigh University

The Long Island Museum

Michigan State University, English Department

Middlebury College

New York University

Northwestern University

Penn State University, Harrisburg

Princeton University

Ramapo College

Richard Stockton College of New Jersey

Rider University

Roger Williams University

Rowan College of New Jersey

Rutgers University, New Brunswick

Saint John Fisher College

Saint Louis University

Saint Olaf College

Skidmore College

Smith College

Sophia University

St. Francis College

Stanford University, American Studies Program

Stanford University, Green Library

Stetson University

Students At The Center

Temple University

Trinity College, Hartford, CT.

Tufts University

University of Alabama

University of California, San Diego

University of Delaware

University of Hawaii

University of Iowa

University of Maryland, Baltimore County

University of Minnesota

University of Mississippi

University of New Mexico

University of North Carolina, Chapel Hill

University of Notre Dame

University of Oklahoma Honors College

University of Southern California

University of Southern Mississippi

University of Texas, Austin

University of Texas, Dallas

University of Utah

University of Western Ontario

University of Wyoming

Vanderbilt University

Vassar

Washington State University

Washington University, St. Louis

Western Connecticut State University

Willamette University

Winterthur Program in Early American

Culture Youngstown State University

 

Significantly, some of these institutions have denied that they are ASA members, http://www.breitbart.com/Big-Peace/2013/12/24/Harvard-and-Yale-Condemn-Reject-ASA-Boycott-of-Israel

even though the ASA claims them as members on their web site.  These include Brown, Northwestern,

Tufts, Temple, Willamette, http://legalinsurrection.com/2013/12/willamette-rejects-israel-boycott-denies-being-institutional-member-of-american-studies-assoc/

and the University of Southern California.  As Prof. Eugene Kantorovich observes, http://www.volokh.com/2013/12/22/northwestern-cant-quit-asa-boycott-member/

the ASA owes these institutions an explanation.

 

 

Interestingly, the presidents of many of these universities are signatories to the American Jewish Committee’s powerful ad, http://www.ajc.org/atf/cf/%7B42D75369-D582-4380-8395-D25925B85EAF%7D/NYT_ISRAEL_BOYCOTT_AD_080807.PDF

which boldly proclaims: “Boycott Israeli Universities? Boycott Ours Too!”  Indeed, these institutions joined Columbia University President Lee Bolinger’s statement that anti-Israel academic boycotts are “utterly antithetical to the fundamental

values of the academy, where we will not hold intellectual exchange hostage to

the political disagreements of the moment.”

 

At a minimum, universities that endorsed the AJC statement should demonstrate intellectual consistency and integrity by dropping their institutional memberships with the ASA.  That would seem to include the following institutions:

 

Bard Graduate Center

Brigham Young University

California State University, Long Beach

Carnegie-Mellon University

College of William and Mary

Cornell University

Georgetown University

Michigan State University, English Department

Middlebury College

Princeton University

Ramapo College

Richard Stockton College of New Jersey

Roger Williams University

Rutgers University, New Brunswick

Smith College

Trinity College, Hartford, CT.

University of Maryland, Baltimore County

University of Minnesota

University of North Carolina, Chapel Hill

University of Texas, Austin

University of Texas, Dallas

University of Utah

Washington State University

Washington University, St. Louis

Willamette University

 

 

 

 

 

  1. The Courts May Have the Final Say

 

The ASA may be held accountable in other ways too.  Its resolution has, to say the least, pushed the legal envelope with respect to anti-boycott laws.  Several groups are contemplating taking legal action against the association.  Anti-Israel boycotts may violate federal anti-boycott law, as well as the laws of some states, such as Section 296(13) of New York’s Human Rights’ Law  http://www.thelawfareproject.org/Articles-by-LP-Staff/can-you-be-sued-for-boycotting-israeli-companies.html

and localities.  The ASA, and other institutions that adopt such boycott resolutions, should not be surprised to find themselves in court.

 

In addition, the BDS resolution may jeopardize the ASA’s tax-exempt status with the Internal Revenue Service, since it is arguably a political activity outside of the ASA’s mission.  The ASA is on notice http://legalinsurrection.com/2013/12/maybe-its-time-to-reconsider-the-tax-exempt-status-of-academic-boycotters/

that its tax-exempt status may soon be challenged.

 

  1. MLA is Next

 

Sadly, the ASA is not alone.  Despite the troubles that the ASA has brought upon itself, other academic associations are considering similar action.  The Modern Language Association (MLA) is next in line.  In its upcoming conference, the MLA is considering an anti-Israel motion.  While not technically a BDS resolution, the MLA’s more narrowly crafted resolution also reflects antipathy towards the Jewish state.

 

Proposers of record: Richard M. Ohmann and Bruce W. Robbins

Supporting materials: Click here http://www.mla.org/pdf/resol20141_support.pdf

to see the information provided by the proposers.

Whereas Israel has arbitrarily denied academics of Palestinian ethnicity entry into the West Bank and Gaza;

Whereas these restrictions violate international conventions on an occupying power’s obligation to protect the right to education;

Whereas the U.S. Department of State acknowledges on its Web site that Israel restricts the movements of American citizens of Palestinian descent;

Whereas the denials have disrupted instruction, research, and planning at Palestinian universities;

Whereas the denials have restricted the academic freedom of scholars and teachers who are U. S. citizens; 

Be it resolved that the MLA urges the U.S. Department of State to contest Israel’s arbitrary denials of entry to Gaza and the West Bank by U. S. academics who have been invited to teach, confer, or do research at Palestinian universities.

At present, the MLA plans to present its members with a one-sided presentation http://www.haaretz.com/news/diplomacy-defense/.premium-1.564224

before voting on yet another politicized, unacademic resolution.  In light of the widespread derision, not to mention legal liability, that ASA has brought upon itself, one might hope that other scholarly associations would turn to more fruitful areas of inquiry – perhaps even returning to the scholarly endeavors which they were presumably formed to advance.