New York court affirms Fordham University ban of pro-BDS group
"A wise and courageous decision not to allow SJP, an antisemitic hate group, to establish a charter"
By BENJAMIN WEINTHALFordham University in the Bronx, New York City.(photo credit: Wikimedia Commons)
Fordham University has prevailed in its legal case over the pro-BDS (Boycott, Divestment and Sanctions movement) organization Students for Justice in Palestine (SJP) in connection with the State of New York’s highest court rejecting SJP’s appeal.Brooke Goldstein, executive director of The Lawfare Project, an organization that works to advance the rights of the Jewish community and promote Israel’s security, said that it “is proud to have provided legal support for an amicus brief that was submitted to the court in support of Fordham University. This marks the first time that a university has shown the courage to reject SJP.“As we’ve previously shared, administrators at Fordham University made a wise and courageous decision not to allow [SJP], an antisemitic hate group, to establish a chapter on campus. Presumably angry that they would not be allowed to push their agenda of Jew-hatred, SJP sued Fordham, alleging that its decision was ‘arbitrary and capricious.”’Goldstein termed the SJP legal victory with a lower court as “short-lived. Despite pressure from more than 100 Fordham University professors and several civil rights groups not to pursue an appeal, Fordham appealed the decision and won. Last month, SJP’s attempt to appeal that decision was thwarted when the highest court of New York refused to consider the appeal. This means that the court’s decision upholding Fordham’s right to reject SJP’s application to establish a charter on campus is final.”The Jerusalem Post reported on the SJP case against Fordham University in 2019.A New York judge issued a now defunct decision ordering Fordham University to recognize the pro-BDS student group.In the 21-page legal ruling by Judge Nancy Bannon, the jurist largely argued that Fordham’s failure to recognize the SJP was a matter of academic freedom and violated the university’s rules about the formation of a student group.SJP supports the BDS campaign targeting the Jewish state. The parliaments of Germany and Austria have classified BDS as antisemitic.Dr. Asaf Romirowsky, executive director of Scholars for Peace in the Middle East (SPME), told the Post at the time that “Fordham University attempted to take a strong stance against BDS by blocking the creation of an SJP chapter – by arguing that their commitment to freedom of research and inquiry goes counter to SJP’s boycott ideology. SJP has over a hundred chapters around the country and is the No. 1 springboard for BDS activity on campus.”Romirowsky added that: “The challenge Fordham and other universities in the US faced has to do with free speech and academic freedom – and above all, the ability to prove when groups like the SJP cross the line from free speech to hate speech as a result of their pro-BDS stance.
“Moreover, the issue became more challenging as it related to discrimination of groups on campus,” he said. “SJP [chapters] have documented ties to the Muslim Brotherhood, and there needs to be a serious look at their ties and influence to terror groups, which would move the debate from a speech issue to an incitement matter.”
