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Alan Dershowitz

Alan Dershowitz

Posted: February 17, 2010 12:22 PM

Recently Michael Oren, Israel's Ambassador to the United States, who is an academic historian and a political moderate, was invited to speak at the University of California at Irvine. I know Michael well and have heard him speak many times. He is one of Israel's most effective advocates, particularly on university campuses. He speaks about peace, about the two-state solution and he brings a historical perspective to his analysis. Because he is so effective, anti-Israel zealots try to prevent him from speaking and his audience from hearing his views.
That's exactly what happened at the University of California at Irvine when Oren began to speak. This tactic of censorship will be tried at other universities as well, if it is permitted to succeed.

Let there be no doubt about it, these radical anti-Israel zealots are trying to censor Michael Oren. After repeatedly disrupting his speech and making it impossible for him to continue, eleven of them were arrested and now face possible disciplinary action from the University of California, a public institution.

They and their supporters now claim that it is the eleven disruptors' right of free speech that is being violated. They are threatening legal action to defend their right to prevent a speaker from expressing his views and an audience from hearing those views. This is a topsy turvy view of the First Amendment.

It is true that an individual heckler may have the right to shout in opposition to a speaker, so long as his shouted words are brief and non-recurrent. But any fair viewing of the videotape, available on YouTube, proves beyond any doubt that this was a concerted effort to silence Michael Oren and to prevent his audience from hearing his point of view. The university was correctly embarrassed at this attempt at censorship.


I too speak on college campuses, trying to make the moderate, two-state solution case on behalf of Israel. My speeches have been greeted with shouts of disapproval and efforts to silence me. When I spoke last year at the University of Massachusetts, a similar effort was made to prevent me from expressing my view. I refused to remain silent and I simply shouted over the ruckus. Eventually the University had to end the event. When I spoke at the University of California at Irvine several years earlier, there was also some heckling, but there was no coordinated effort to stop me from speaking. Similar groups have succeeded in preventing other pro-Israel speakers, including Israel's former Prime Minister, Ehud Barak, and its current Prime Minister Benjamin Netanyahu, from speaking.

These attempts to prevent college audiences from hearing pro-Israel speakers must be taken very seriously by universities. As Michael Oren explained in the beginning of his talk, universities are places where full and complete freedom of speech must be given a high priority. Freedom of speech does permit the right of audience members to express views different from a speaker, so long as they obey reasonable rules and do not prevent the speaker from expressing his or her views. Reasonable rules include permitting the holding of signs, so long as they do not block anyone's view, the handing out of leaflets, an opportunity to ask questions at the end of the talk and sporadic and non-recurrent booing or shouting of brief comments.

I have defended students who have been subjected to discipline for shouting a single word, for holding a sign or for making an obscene gesture. But I would not defend a so-called right of a group of students to act in a coordinated manner in an effort to prevent a speaker from expressing views that the audience is entitled to hear.

There are several rights at stake in any such case. First is the right of the speaker, who has been invited by the university to present his point of view. Second is the right of the audience to hear his point of view. Third is the right of audience members who disagree with his point of view to express opposition. These rights need not be in conflict, so long as there is no effort to prevent the speaker from conveying his point of view to the audience.

From what I saw on the videotape, it seemed clear that there was a coordinated effort of censorship, and not merely an exercise of free speech by audience members who disagreed with what Oren was saying. If such a coordinated effort at censorship is established by the evidence, then discipline is warranted.

 
 
 
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HUFFPOST SUPER USER
samiles96
01:39 PM on 02/18/2010
Your point is well made Alan. I just hope you have the same attitude towards the Israeli right in this country who would disrupt your speech in opposition to the Two-State solution.
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Aramingo
The Wizard of Ahhhs
11:58 AM on 02/18/2010
How does Alan feel about the disruption of Town Hall meetings?
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SEQUOIABISON
President of the Sequoia Bison Society a non profi
09:31 AM on 02/18/2010
With all due respect Mr Dershowitz, I think the students are familiar with the "pro-Israeli" point of view and have had enough of their propaganda.

America stopped being an honest broker between Israel and the Palestinians a long time ago. Time to resolve that dispute fairly, by having the occupying nation stop building settlements on Palestinian territory and sit down at the negotiating table.

In the illustrious words of Ronald Reagan, "tear down that wall".
01:20 PM on 02/18/2010
Then, perhaps they should have attended another event. It is not the 'right' of the 11 disrupters to prevent everyone else from hearing a speaker they wish to hear.
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08:46 AM on 02/18/2010
And this is the same 'academia" that allowed the leader of Iran to speak at Columbia. So much for open minded discussions at the institutions teaching our children. America, wake up before it's too late.
08:41 AM on 02/18/2010
Americans get a steady diet of pro-Israel stuff. It's everywhere. The students were probably just bored with it all.
01:20 PM on 02/18/2010
It was their choice to attend the speech, was it not?
05:40 AM on 02/18/2010
very happy to hear they were heckling Oren . . . Americans get too much pro-israel bias . . . congress for the most part seem to be employed by the aipac . . . I was shocked when I saw how much one of my senators got from the aipac . . .

Americans need to hear the other side . . and they want to be better imformed the heckling can be seen as a sign of "we see through you" . . . we are not with you . . . and that is a very healthy sign
05:28 AM on 02/18/2010
Imagine what would happen to them if they protested in Iran or in Gaza. We saw already not long ago thank goodness with the aid of cell phone video's what Iran does with protesters. And same human rights violations happen in other Muslim States, but in Israel a Palestinian can protest vocally and know they won't be brutally beaten or killed, but be treated within a legal justice system that will protect their rights like in the United States, and maybe be charged with disturbing the peace. Oh the irony of it all!
05:02 AM on 02/18/2010
Maybe if the Arab Muslims would listen instead of causing havoc, there would now be a Palestine alongside Israel. They say "Free Palestine" which shows they do not acknowledge the existence of Israel, and secondly, its only Gaza which is not so free and that's because of their democratically elected government Hama's, which is just a puppet regime for Iran. So if they want to protest human rights violations protest Iran members of government and Hama's. But oh yeah I forgot if they do that they wouldn't just be removed from a room and charged with disturbing the peace, they would be killed or punished brutally in Iran, or In Gaza.
08:12 AM on 02/18/2010
The Palestinians have been killed in huge numbers and forced to live as refugees throughout the world, their towns and villages destroyed, often in ruins next to a modern Israeli settlement. From their point of view they have seen invaders snatch away 80-odd percent of their country, a process that is continuing as land continues to be stolen in the West Bank and East Jerusalem, people removed from their homes and kicked to the curb.
And mackdee, there's a reason defenders of the Israelis seldom mention the Gaza strip. Conditions in Gaza, essentially a gigantic refugee camp into which the Israelis have prevented access to aid and food since 2005, are appalling, particularly following the recent air assault in which over 1000 civilians died.
Jewish values clearly demonstrated for millennia, in virtually every country but especially in the scriptures written in their ancient homeland, would demand a just solution for their cousins in Palestine who are suffering. Many of the Palestinians are Christian too, and one consequence of the modern conflict is the displacement of most of the Christians from the home of that faith.
All of these things should be fair game for discussion in any university.
07:03 PM on 02/18/2010
Isn't it curious to you, that the Palestinian people are the only people since W.W.2 that are so called still "displaced", even after Jordan and Egypt in '48 to '67 controlled West Bank and Gaza? They could of assimilated very easily into those regions but were intentionally kept in separate regions for political reason's that is being debated now. They also are only one's (most of them) that actually left voluntarily and at request of their own people in Egypt.
They are only people that have a special United Nations Relief Fund ; U.N.R.A.W., since '48 and still in existence, which no other identifiable group has received who were displaced after W.W.2. Palestinians are also not different then Arab Jordanians, Syrians, or Egyptians in culture, language, or genetics.

You are also ignoring proper order of history! Palestinians could of agreed to 2 state solution back in '37 and in '47 and they would of had the majority of the land which already 80 percent was taken away from Jewish/ Israeli citizens and given to Arab people , that area as we now know called Jordan! Instead they listened to their Egyptians, Syrians, and Jordanian brothers, and decided War was the better option and they figured they would leave and come back to their lands after the Jews in Israel were all killed and removed.
07:07 PM on 02/18/2010
Continued from previous response.

….. Well they gambled and lost, and now they figure they should still be entitled to getting back their lands from the same people who they were hoping would be destroyed and were dealing with the recent aftermath of the holocaust.

If that were true what you say about Gaza being prevented by Israel for receiving aid and food since 2005 then over a million Palestinians would be dead by now, yet that's not the case. Their population is increasing not decreasing so they must be receiving food, medical aid, and some who are willing to go to Israeli Hospitals have received medical treatment and care. And the numbers of civilian casualties, which Hama's is more responsible for then Israel, is a count that is debatable, just like other times where numbers of casualties were proven inflated by the Arabs in past Wars.

The values in question is the values, of the Palestinians not the Jewish Israelis who for most part just want to live in peace and have demonstrated that from inception. It is even in biblical scripture appropriate to defend one self. Why should Israel be different then any other Country or State, and not be given that right as well? The double standard seems to be applied here.
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HUFFPOST SUPER USER
jcwtts1
Elections have consequences
04:01 AM on 02/18/2010
Never be scared of ideas. These students should have invited an Arab speaker to campus for next semester, or even for this semester. There is simply no reason for this level of repeated disruption. Silencing people is an awful technique for changing minds.
02:35 AM on 02/18/2010
This is shameful that Ahmadinejad, the most fanatical and offensive leader on the planet since Hitler, was allowed to speak freely and respectfully in one of America's Universities, and a representative of a nation that no matter how critical one can be towards, basically seeks peace, is not allowed to speak in an American University.
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HUFFPOST SUPER USER
kentah
know thyself
02:23 PM on 02/18/2010
Your hyperbole is absurd. Hitler? Really Hitler? You really don't think people can see through what you're attempting to pull here?
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naschkatze
A free man creates himself.
09:12 PM on 02/17/2010
If your protest were a blanket protest, Professor Dershowitz, it would carry more weight.
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HUFFPOST SUPER USER
jcwtts1
Elections have consequences
04:03 AM on 02/18/2010
There have been tactics I disagree with used when Arab speakers come, there is a specific case I am thinking of in the UC system where Jewish activists took pictures of audience members as an intimidation tool during a speech. There have been active attempts at intimidation at UC universities, I can't remember the specific incident but the incident is discussed in the Works and Days double issue on Academic Freedom
08:33 PM on 02/17/2010
Shameful behaviour, it's not like the speaker was spouting radical ideas, simply opposing ones......This should not be tolerated in any university ( or at any public speaking event) in North America, it has to be stopped now, before it's taken a step further, from intimidation & disruption to, blackmail & threats, etc., etc.
08:27 PM on 02/17/2010
My comment is of not directly related to freedom of speech and denial of it.
I am a scientist and I have never seen a scientist in my life who would plant the flag and religious simbols of his or her nation on the stage of the host academic institution.
I am curious to find out why speekers of other fields seem to think that to be approprite.
HUFFPOST SUPER USER
Trial Lawyer
11:44 PM on 02/17/2010
He's the Ambassador from Israel. He is that country's official representative to this country. That's why the flags are present--He's a government official. How about a little thought before you post.
10:01 AM on 02/18/2010
Mr. Deshowitz himself made the point that the Ambassador to the United States is an academic historian, who was invited to speak at the University of California at Irvine.
He is not Israel's ambassador to UCI
I think I have given proper toughts to the subject before making my comment, which also included the subject of decorative use of religious simbols within the framework of an academic presentation. I have been present at presentations by Nobel Laurate physicists representing Israel, who never used flags and religious simbols, yet enhanced the respect of Israel and the Jewish People enourmously .
07:28 PM on 02/17/2010
Censorship of any kind and the kind of censorship that limits
Political Speech is particularly chilling. What ever happened to the old saying
"I may not like what you say but I will defend your right to say it". Either side
of this issue must be encouraged to speak wherever and whenever they want
without restrictions.
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naschkatze
A free man creates himself.
09:10 PM on 02/17/2010
Fanned to the n th degree.
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04:12 AM on 02/18/2010
"I do not agree with what you have to say, but I'll defend to the death your right to say it." - Voltaire.

Itchy.
07:02 PM on 02/17/2010
This was clearly abusive heckling which violated the right of the speaker to make his case. Those who participated in it should be disciplined. A university, of all places, should refuse to tolerate this kind of behavior.