I’m appalled by students who support Hamas. But I defend their right to free speech | Opinion
Those who exercise their right to freedom of speech must expect that others may react against what they say. Every fall, I send a message to the students at my school, staunchly defending their free speech rights, but also urging care as they decide what to say. I caution them that what they choose to put on social media could matter to prospective employers.
This lesson became very important in the last week as student organizations around the country, including at my law school, have astoundingly defended what Hamas did in Israel. The issue received national attention when the president of the student government at New York University Law School issued a statement defending Hamas: “This week, I want to express, first and foremost, my unwavering and absolute solidarity with Palestinians in their resistance against oppression toward liberation and self-determination. Israel bears full responsibility for this tremendous loss of life.”
The law firm of Winston & Strawn, which had offered this student a job, announced it was withdrawing the job offer: “Today, Winston & Strawn learned that a former summer associate published certain inflammatory comments regarding Hamas’ recent terrorist attack on Israel and distributed it to the NYU Student Bar Association. These comments profoundly conflict with Winston & Strawn’s values as a firm. Accordingly, the firm has rescinded the law student’s offer of employment.”
The student had the right to express their views, but the law firm had the right to say it did not want to employ someone who took such a position.
After Hamas’ invasion of Israel, I sent a letter to the UC Berkeley Law community, where I am dean.
“I have been horrified to watch the terrorist attack on Israel that has claimed so many lives and put so many in danger,” I wrote. “Many in our community have family, friends and loved ones in the Middle East. I hope I speak for our entire community in wishing them safety and in hoping for peace. I express my deepest sympathy for those who have lost loved ones.”
A law student group, Law Students for Justice in Palestine, responded by writing: “We denounce the framing of Israel as a victim ... Dean Chemerinsky’s email reeks of racism. His statement laments the loss of Israeli lives but completely ignores the loss of Palestinian life. The double standard framing of Palestinian activism as terrorism is rooted in Islamophobic and xenophobic rhetoric.”
The law students have the right to say this. But I also have the right to say that what Hamas did in Israel was not “Palestinian activism,” but terrorism that is beyond the pale of international law and basic humanity. Killing 260 people at a music festival is terrorism. Pulling people from their homes to hold them as hostages is terrorism. Savagely killing 100 people in a kibbutz is terrorism.
Across the country, some student groups have expressed support for what Hamas has done. At Berkeley, Bears for Palestine and Law Students for Justice in Palestine issued a statement: “We support the resistance, we support the liberation movement and we indisputably support the Uprising.”
Similar statements have been issued by similar student groups at other universities.
There have been repeated calls to keep these groups from holding rallies on the UC Berkeley campus, but they have the right to do so and preventing them would violate the First Amendment.
It is tempting for university administrators — presidents, chancellors and deans — to refrain from taking positions on such difficult issues. But silence is a message, too. It is necessary and appropriate for us all to express sadness for the loss of life in Israel and in Gaza and for all those there who are frightened and still in danger.
As administrators, it is important that we urge compassion and care in what is said. But we should not hesitate to condemn terrorism and all who defend it. Those who disagree can express their message. That is what freedom of speech is all about.
This story was originally published October 17, 2023 at 5:30 AM with the headline "I’m appalled by students who support Hamas. But I defend their right to free speech | Opinion."