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The Palestine Exception, otherwise known as the Palestine exception to free speech, is a term given to a described legal carve-out of the First Amendment to the United States Constitution and free speech laws in Canada and Europe that allows government establishments and other institutions to suppress pro-Palestine protests. The term has been used by pro-Palestinian activists especially during the Israel–Hamas war and associated protests calling for a ceasefire, criticizing US military and diplomatic support to Israel, and Israel's invasion of the Gaza Strip and its war conduct. The term has also regularly been used by academic freedom and freedom of speech advocates to criticize policies implemented by university institutions against pro-Palestine campus protesters calling for their disinvestment from Israel.

Description

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In 2015, Palestine Legal published an extensive report with the Center for Constitutional Rights about what the two organizations described as "the Palestine exception to free speech",[1][2] and began to run a news section dedicated to documenting and analyzing instances of the Palestinian Exception on educational institutions (especially university campuses), media coverage, and protest crackdowns.[3]

The "Palestinian Exception" is described by pro-Palestinian activists and scholars as a documented pattern of institutional discrimination and selective enforcement of policies that are stated to specifically target and restrict Palestinian voices, scholarship, and advocacy in Western academic and media institutions. This phenomenon, used particularly to describe events in North America and Europe, manifests through what are described as systematic attempts to silence Palestinian narratives and critical discussions of Israeli policies towards Palestinian Territories, while disproportionately emphasizing platforms for opposing viewpoints.[4][5]

Institutional mechanisms described by pro-Palestinian advocates that enforce the Palestine Exception include the adoption of specific definitions of antisemitism that encompass criticism of Israeli state policies, the implementation of restrictive speech or dialogue policies in educational institutions, the elective application of "balance" requirements in media coverage, and external pressure from pro-Israeli advocacy groups such as the AIPAC, the Centre for Israel and Jewish Affairs, and the Women’s International Zionist Organization.[4]

In academia, restrictions are described as selective enforcement of academic freedom principles, pressure on institutions to cancel events or withdraw speaking invitations regarding Palestinian issues, complications in hiring and tenure processes for scholars working on Palestinian issues, and the implementation of policies that specifically restrict criticism of Israeli state policies. The phenomenon has also been claimed to extend into primary and secondary education systems, such as with the Toronto District School Board's allowance of pro-Israel lobbyists such as the Centre for Israel and Jewish to directly shape class curriculum.[4][6]

Instances

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A notable example occurred at the University of Toronto's Faculty of Law, where an employment offer to scholar Valentina Azarova was initially withdrawn following external pressure from a donor related to their work on Palestinian human rights. The rescinding of the offer led to widespread academic protest and boycotts headed by the Canadian Association of University Teachers (CAUT), eventually leading to the university re-offering employment to Azarova, who declined.[4]

The term was also used by a Harvard Law Review editor to describe the retraction of an essay by Palestinian human rights lawyer and legal scholar Rabea Eghbariah discussing the use of "Nakba" as a legal term, following an intervention by Harvard Law Review president Apsara Iyer.[7][8][9][10]

Media

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Many pro-Palestinian activists cite western media coverage as demonstrating patterns of the Palestinian Exception. Notable examples include different news networks' policies restricting the use of the term "Palestine", such as with the Canadian Broadcasting Corporation (CBC) and the New York Times.[11][12][13] In one incident, CBC Current guest anchor Duncan McCue was was required to issue a public apology for referring to Palestine during an interview.[4][13] Social media platforms such as Meta Platforms's Facebook and Instagram were also noted to systemically censor or de-weight the use of terms relating to Palestine and the ongoing conflict.[14]

University campus protests

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Since the onset of the Israel–Hamas war, the Palestine Exception was frequently used to describe documented patterns of disproportionate institutional reactions to pro-Palestinian protests compared to other social justice movements on university campuses. Pro-Palestinian protesters and their allies have criticized the disposition of many university administrations as perpetuating a "Palestine exception" to academic freedom.[15][16] Pro-Palestinian students and their allies have raised concerns about anti-Palestinianism and Islamophobia. Investigations by the U.S. Department of Education have been opened at Columbia, Emory University, the University of North Carolina, and at Umass Amherst over their administrations' response to student protests and advocacy since the start of the war.[17][18][19][20]

A comparative analysis of different Harvard University approaches to student protests noted that the administration held measured responses to anti-Apartheid encampments in 1986, Occupy Movement encampments and access restrictions in 2011, and environmental activist blockades in 2015 with minimal punishments for students involved. In contrast to prior temporary disruptions, pro-Palestinian encampments on Harvard campus faced threats of mass suspensions, stricter enforcement of rules and restrictions, and what was described as a shift away from dialogue and protest as part of academic discourse, necessary to protect academic freedom.[21][22]

Several pro-Palestinian advocates also described the Harvard administration as implementing the Palestine Exception for preventing thirteen undergraduates from collecting their diplomas at the annual commencement ceremony as a consequence for participation in pro-Palestinian protests.[23] Nearly 500 Harvard faculty and students criticized the sanctions as disproportionate, unprecedented, and designed to stifle open discourse,[24] while others identified it as an example of the "Palestine Exception" to free speech.[25]

Responses

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Many pro-Palestinian advocacy groups shifted to less restrictive social media platforms such as Twitter/X in order to speak openly about the Israel–Hamas war and the resulting humanitarian crisis to evade censorship or punishment. Several groups have also used social media platforms or private instant messaging platforms to organize protests, media campaigns, and other activities without direct oversight. Such shifts occurred in response to claims that traditional media coverage often amplified institutional justifications for restricting speech, while giving less attention to faculty and student perspectives.[22]

A film documenting the Palestine Exception in academia and during pro-Palestinian protests on university campuses was produced and screened at several universities.[26][27]

See also

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References

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  1. ^ Sainath, Radhika (May 23, 2021). "When It Comes to Palestine, Free Speech Rights Are Under Attack". Jacobin. Retrieved 2021-06-10.
  2. ^ "The Palestine Exception". Palestine Legal. Retrieved 2024-11-24.
  3. ^ "News & Updates". Palestine Legal. 2024-09-10. Retrieved 2024-11-24.
  4. ^ a b c d e Abdo, Nahla (September 2023). "The Palestine Exception, Racialization and Invisibilization: From Israel (Palestine) to North America (Turtle Island)". Critical Sociology. 49 (6): 967–989. doi:10.1177/08969205221131315. ISSN 0896-9205.
  5. ^ "The Palestine Exception". Al Jazeera. Retrieved 2024-11-23.
  6. ^ "CJPME Condemns Pattern of Anti-Palestinian Racism at the Toronto District School Board". CJPME - English. Retrieved 2024-11-23.
  7. ^ Lennard, Natasha (2023-11-22). "Harvard Law Review Editors Vote to Kill Article About Genocide in Gaza". The Intercept. Retrieved 2024-06-04.
  8. ^ "Rabea Eghbariah". Harvard Law School. Retrieved 2024-06-04.
  9. ^ Eghbariah, Rabea (2023-11-03). "Opinion | An Unarmed Teen Was Shot During a Cease-Fire. Israel Was Never Held to Account". The New York Times. ISSN 0362-4331. Retrieved 2024-06-04.
  10. ^ "The Harvard Law Review's Palestine Exception | Opinion | The Harvard Crimson". www.thecrimson.com. Retrieved 2024-09-27.
  11. ^ Jeremy Scahill, Ryan Grim, "Leaked NYT Gaza memo tells journalists to avoid words "Genocide," "Ethnic cleansing," and "Occupied Territory", The Intercept 15 April 2024:'The New York Times instructed journalists covering Israel's war on the Gaza Strip to restrict the use of the terms “genocide” and “ethnic cleansing” and to “avoid” using the phrase “occupied territory” when describing Palestinian land, according to a copy of an internal memo written by Susan Wessling, international editor Philip Pan obtained by The Intercept. The memo also instructs reporters not to use the word Palestine “except in very rare cases” and to steer clear of the term “refugee camps” to describe areas of Gaza historically settled by displaced Palestinians expelled from other parts of Palestine during previous Israeli–Arab wars...The memo — written by Times standards editor Susan Wessling, international editor Philip Pan, and their deputies — “offers guidance about some terms and other issues we have grappled with since the start of the conflict in October.”'
  12. ^ In an analysis of over 1,000 articles from the New York Times, the Washington Post, and the Los Angeles Times, a gross imbalance was found with 'Highly emotive terms for the killing of civilians like “slaughter,” “massacre,” and “horrific” . . . reserved almost exclusively for Israelis who were killed by Palestinians, rather than the other way around. . . . The term “slaughter” was used by editors and reporters to describe the killing of Israelis versus Palestinians 60 to 1, and “massacre” was used to describe the killing of Israelis versus Palestinians 125 to 2. “Horrific” was used to describe the killing of Israelis versus Palestinians 36 to 4.' Adam Johnson, Othman Ali, "Coverage of Gaza War in the New York Times and other major newspapers heavily favored Israel, analysis shows," The Intercept 9 January 2024
  13. ^ a b Farawi, Rahaf (2022-06-15). "CBC's Palestine Exception - The Review of Journalism". Retrieved 2024-11-23.
  14. ^ "Meta: Systemic Censorship of Palestine Content | Human Rights Watch". 2023-12-20. Retrieved 2024-11-24.
  15. ^ Fadel, Mohammad (24 April 2024). "The Palestine Exception to Academic Freedom Must Go". Archived from the original on May 21, 2024. Retrieved May 21, 2024.
  16. ^ Palestine-CBT, Faculty and Staff Supporting Justice in. "The Palestine Exception". Columbia Daily Spectator. Archived from the original on May 21, 2024. Retrieved 2024-05-21.
  17. ^ Khalili, Zoha (2024-04-09). "Palestine Legal and UNC SJP Demand Investigation into Anti-Palestinian Racism". Palestine Legal. Archived from the original on May 25, 2024. Retrieved 2024-06-02.
  18. ^ Thakker, Prem (2024-04-24). ""Kill All Arabs": The Feds Are Investigating UMass Amherst for Anti-Palestinian Bias". The Intercept. Archived from the original on May 31, 2024. Retrieved 2024-06-02.
  19. ^ Duster, Chandelis (2024-05-02). "Education Department opens investigation into Emory after complaints of "hostile anti-Palestinian climate"". CNN. Archived from the original on May 3, 2024. Retrieved 2024-06-02.
  20. ^ Yen, Amanda (2024-05-03). "Feds Probe Alleged Anti-Palestinian Racism at Columbia, Group Says". The Daily Beast. Archived from the original on May 21, 2024. Retrieved 2024-05-21.
  21. ^ "Suspending Student Protesters Would Be a Palestine Exception to Free Speech | Opinion | The Harvard Crimson". www.thecrimson.com. Retrieved 2024-11-23.
  22. ^ a b Fúnez-Flores, Jairo I. (2024-07-02). "The Coloniality of Academic Freedom and the Palestine Exception". Middle East Critique. 33 (3): 465–485. doi:10.1080/19436149.2024.2375918. ISSN 1943-6149.
  23. ^ "Outrage at Decision to Deny Diplomas to 13 Pro-Palestine Students Overshadows Harvard Commencement | News | The Harvard Crimson". www.thecrimson.com. Retrieved 2024-05-28.
  24. ^ "Nearly 500 Harvard Faculty, Staff Blast Sanctions Against Pro-Palestine Protesters in Open Letter | News | The Harvard Crimson". www.thecrimson.com. Retrieved 2024-05-28.
  25. ^ "Suspending Student Protesters Would Be a Palestine Exception to Free Speech | Opinion | The Harvard Crimson". www.thecrimson.com. Retrieved 2024-05-28.
  26. ^ "Home". Palestine Exception. Retrieved 2024-11-24.
  27. ^ "Screenings". Palestine Exception. Retrieved 2024-11-24.
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