Below is a copy of a letter sent to California State University Northridge President Dianne Harrison by the AMCHA Initiative regarding the use of a CSUN web server by math professor David Klein to promote a boycott of Israel. In answer to a complaint, the CSU Trustees responded that Klein did not have university permission to use the webpage to promote his political views, but that it was unlikely that a reasonable person would interpret the "Boycott Israel" webpage as having the endorsement of the university.
"No harm, no foul", as the late, great Lakers broadcaster Chick Hearn would say whenever a Laker was clobbered by an opposing player, but no foul was called.
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Dear President Harrison,
As you are aware, the California State University Trustees have formally confirmed, via a letter to us from CSU Interim General Counsel Andrew Jones, that they did NOT give CSUN professor David Klein permission to post his webpage promoting the boycott of Israel on the CSUN website.
Nevertheless, in his letter to us Mr. Jones claims that Klein has not violated Education Code 89005.5 on the grounds that "it is unlikely that a reasonable person would interpret the 'Boycott Israel' web page as an endorsement of CSU or CSUN of the material contained therein."
However, Mr. Jones is mistaken. We believe he has conflated two separate sections of Cal. Educ. Code 89005.5(a)(2), one which refers to using the CSU name for commercial purposes (Section B) and another which refers to using the CSU name for ideological or political purposes, including the promotion of boycott (Section C):
"No person shall, without the permission of the Trustees of the California State University, use this name [California State University], or any abbreviation of it or any name of which these words are a part, in any of the following ways...(B) To imply, indicate or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University...(C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement...of...boycott."
Mr. Jones claims that Prof. Klein has not violated 89005.5 because "it is unlikely that a reasonable person would interpret the 'Boycott Israel' web page as an endorsement of CSU or CSUN of the material contained therein." Yet Mr. Jones is making an argument for why Klein's webpage does not violate the section referring to the commercial use of the CSU name (Section B), whose wording indicates that the unauthorized use of the CSU name must imply or suggest an endorsement of the university.
However, the issue is NOT whether Klein is using the CSU name for commercial purposes; that section of the law (Section B) is not relevant to Klein's actions. Our claim is that in posting his "Boycott Israel Resource Page" on the CSUN server Klein is in violation of Section C, whose wording is crystal clear: to display the CSU name or any of its variants for the purpose of supporting, endorsing, or advancing any boycott, without the permission of the CSU Trustees, is a violation of 89005.5.
Without permission from the Board of Trustees Prof. Klein is in violation of 89005.5(a)(2)(C) and has therefore committed a misdemeanor under California state law.
Please understand that Klein's speech in these specific circumstances is not protected by either the First Amendment or principles of academic freedom. He has the right to express his views on his personal website, but not on one which prominently features the name of the University, in obvious violation of 89005.5(a)(2)C.
In light of Klein's unlawful behavior, do you intend to remove his antisemitic "Boycott Israel Resource Page" from the CSUN server?
We, together with members and supporters of the Jewish community -- including many CSUN alumni, parents, faculty, and donors -- are eager to hear your answer to this question.
Sincerely,
Tammi Rossman-Benjamin
Co-founder, AMCHA Initiative
Leila Beckwith
Co-founder, AMCHA Initiative
CC: CSU Board of Trustees
CSU Chancellor Timothy P. White
CSU Interim General Counsel Andrew Jones
Attorney General Kamala Harris
Deputy Attorney General Stepan Haytayun
Senior Assistant Attorney General Douglas Wood
California Speaker of the Assembly John A. Perez
California Superintendent of Public Instruction Tom Torlakson
California State Senator Alex Padilla (Northridge)
California Assembly Member Joan Buchanan, Chair of the Assembly Education Committee
U.S. Congressman District 30 Brad Sherman
California Jewish community leaders
Abraham Foxman, National Director of the Anti-Defamation Leagues
BCC: Wide circulation in the Jewish community
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I think the main point to be made here is that a reasonable person could, indeed, conclude that Klein's web page had the imprimatur of the university. I offer as an example this from the dusty archives of Fousesquawk.
You remember a few years ago when a UC Irvine marquee featured this announcement, don't you?
I do too. When complaints were made (right up to the governor's office) the university took it down. Why? Because it appeared the university was putting its imprimatur on the message. The same applies at CSUN. When the name of the university appears alongside a political message, that is exactly the impression a "reasonable person" would infer. That is especially true when you consider the hundreds of similar events, speeches, seminars, teach-ins, and protests held regularly on university campuses around the country all devoted to one cause-deligitimizing the Jewish state of Israel.
It appears to me that CSUN and CSU in general do, indeed, endorse the messages that Professor Klein is putting on their server.
I wrote a complaint letter to them but they did not deign to respond.
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