“Declaring faculty members as persona non grata appears tantamount to a summary suspension…. The AAUP has long considered denying faculty members the right to carry out their key duties as a major sanction, second only to dismissal in severity. An administration should take such a step only after demonstrating adequate cause in an adjudicative hearing of record before an elected faculty body. No such hearing has taken place [at NYU]. These actions by NYU administrators are part of a pattern of college and university administrations responding to protests by imposing harsh and broadly chilling restrictions and sanctions. As the AAUP warned at the start of the fall semester, such severe limits on speech and assembly discourage or shut down expressive activity of faculty, students, and other members of the campus community and undermine the academic freedom and freedom of speech and expression that are fundamental to higher education.” 

Rebecca M. Cunningham
President, University of Minnesota
upres@umn.edu . . .

Dear President Cunningham and Colleagues:

We write on behalf of the Middle East Studies Association of North America (MESA) and its Committee on Academic Freedom to express our concern about the decision of the administration of the University of Minnesota (UMN) to indefinitely suspend eight students who participated in an occupation of a university building, Morrill Hall, on 21 October 2024. Whatever one thinks of the students’ action, we regard the university’s decision to bar them from classes, dormitories, dining halls and campus jobs as an unduly harsh sanction that violates their rights to education and sustenance. The fact that this sanction was imposed without the students having had the opportunity to defend their actions in a properly conducted disciplinary process makes it all the more egregious. The university’s actions in this regard seem aimed at deterring students from exercising the dictates of their conscience on matters of urgent public concern. They also contravene the University of Minnesota’s laudable tradition of countenancing contentious student protests.

MESA was founded in 1966 to promote scholarship and teaching on the Middle East and North Africa. The preeminent organization in the field, the Association publishes the prestigious International Journal of Middle East Studies and has nearly 2,800 members worldwide. MESA is committed to ensuring academic freedom and freedom of expression both within the region and in connection with the study of the region in North America and outside of North America.

On 21 October 2024, some members of Students for a Democratic Society (SDS), part of the UMN Divest Coalition, held a rally to protest UMN’s recently revised student conduct policy and the Board of Regents’ rejection of requests to divest from Israel-related investments. Divestment had been the subject of ongoing discussions between university leaders and UMN Divest since the dismantling of the spring 2024 protest encampments. Some students and alumni then marched to Morrill Hall, a main administrative building, and barricaded themselves inside, using patio furniture and other items. Protesters declared the building “Halimy Hall,” in commemoration of 19-year-old Medo Halimy, a university student in Gaza who documented daily life in wartime and was killed by an Israeli airstrike in Khan Yunis in August 2024.

According to a 22 October 2024 statement from the Office of the President, the students spray-painted over internal security cameras and damaged other property. The statement asserts that employees in Morrill Hall were unable to exit the building due to protesters preventing their free movement and exit. “These actions crossed the line into illegal activity,” the statement asserts, and on that basis the University of Minnesota Police Department entered Morrill Hall two hours into the occupation, along with Hennepin County police officers, arrested eight students and three alumni. We note, however, that video evidence seems to show students encouraging staff who wished to leave to do so after announcing their occupation and offering escorts to an available exit. Those arrested were released without charge from Hennepin County Jail on 24 October 2024.

The university has issued indefinite interim suspension orders for the eight students, on the premise that they pose an ongoing threat to the university. The orders bar them from attending classes, living in dormitories, eating in dining halls or participating in their campus jobs and activities. Students also face two sets of disciplinary hearings, to which they are permitted to bring lawyers: a first hearing concerning the interim suspension and a second concerning the conduct charges.

We regard the barring of the students from all university activities, before any transparent investigation or disciplinary hearing has been conducted, to be an unduly draconian sanction that contravenes the university’s obligation to educate and to foster debate, however heated. The American Association of University Professors (AAUP) has recently called attention to the alarming expansion of restrictive policies that intimidate and silence faculty and students, especially those voicing their principled opposition to Israel’s genocidal assault on the Palestinian people in Gaza and the West Bank. As the AAUP put it, “Administrators who claim that ‘expressive activity’ policies protect academic freedom and student learning, even as they severely restrict its exercise, risk destroying the very freedoms of speech and expression they claim to protect.”

The University of Minnesota’s recently issued protest guidelines state that “engagement that is inconsistent with University policies becomes civil disobedience.” We remind you of the generative role of civil disobedience in the university’s own history. For example, in January 1969 African American students occupied Morrill Hall to protest discrimination and racism, an event documented by the University Archives. Their action led to the founding of the African American and African Studies Department later that year.

Students engaged in conscientious political action who are willing to accept the consequences of their actions ought not to be prevented from continuing their education. We therefore call on you to rescind the indefinite suspension orders imposed on the eight students and to ensure that any disciplinary process to which they are subjected is conducted in a fair and transparent manner and in accordance with generally accepted standards.

We look forward to your response.

Sincerely,

Aslı Ü. Bâli
MESA President
Professor, Yale Law School

Laurie Brand
Chair, Committee on Academic Freedom
Professor Emerita, University of Southern California

Dear President Harring, Provost Furge and Professor Dowd:

We write on behalf of the Middle East Studies Association of North America (MESA) and its Committee on Academic Freedom to express our grave concern about the announcement by Muhlenberg College that it intends to terminate Dr. Maura Finkelstein, a tenured member of the college’s faculty, because of an Instagram post that she had reposted. Even if some people may find the post objectionable, we believe that Professor Finkelstein’s reposting is protected by the First Amendment and by the principles of academic freedom. It cannot reasonably be construed as a violation of Muhlenberg College’s equal opportunity and nondiscrimination policy or justify her termination.

MESA was founded in 1966 to promote scholarship and teaching on the Middle East and North Africa. The preeminent organization in the field, the Association publishes the prestigious International Journal of Middle East Studies and has nearly 2,800 members worldwide. MESA is committed to ensuring academic freedom and freedom of expression both within the region and in connection with the study of the region in North America and outside of North America.

Dr. Finkelstein is a cultural anthropologist whose research has addressed multiple geographies and theoretical realms. Her first book, The Archive of Loss: Lively Ruination in Mill Land Mumbai, charted the experiences of textile mill workers in the city of Mumbai. She is currently at work on a second book about equine-assisted therapy. Her scholarship and pedagogy have also engaged a range of issues relating to Palestine/Israel; her teaching includes a course on Palestine and she has published peer-reviewed work on her experiences teaching this material.

In the aftermath of the 7 October 2023 assault on Israel, Professor Finkelstein was subjected to intense attacks as a result of the criticism of Israel and of Zionism that she expressed in published work, academic forums and social media posts. Among other things, a number of donors to and alumni of Muhlenberg College circulated a petition demanding her removal from her tenured position. In January 2024 Professor Finkelstein was placed on administrative leave after reposting someone else’s Instagram post which was critical of Zionism and Zionists. The Muhlenberg College administration subsequently claimed that Professor Finkelstein’s reposting had violated its equal opportunity and nondiscrimination policy.

An outside firm hired by the college to investigate the case determined that Professor Finkelstein’s Instagram post had not constituted a violation of college policy. However, an ad hoc committee appointed by Muhlenberg’s Title IX office subsequently reversed this determination, without specifying the grounds for its decision. In late May 2024 Professor Finkelstein was informed that the college intended to terminate her for cause, because her Instagram post allegedly “met the standard for online discrimination and harassment involving hateful speech. It was severe and objectively offensive, and it denies or limits the ability to participate in the College’s programs.” She has appealed and is awaiting the decision of the college’s Faculty, Personnel and Policies Committee.

We note that Muhlenberg College has declared that it “endorses the robust, stimulating and thought-provoking exchange of ideas, which requires in-depth and complex educational experiences as well as the space for divergent perspectives.” We further note that neither college policy nor federal law defines those who adhere to or advocate for particular political ideologies (such as Zionism) as members of legally protected classes. As we have pointed out elsewhere, critiques of Israeli policies or of Zionism must not be conflated with antisemitism, nor should expressions of political opinion be sanctioned.

In these fraught times, college and university leaders have a heightened responsibility to protect the freedom of speech and academic freedom of all members of their communities. This country’s institutions of higher education should be places in which a broad range of perspectives can be expressed, debated and criticized without fear of defamation, harassment or termination. As MESA’s Board of Directors put it in a statement dated 18 December 2023: “We call on university leaders and administrations to affirmatively assert and protect the rights to academic freedom and freedom of speech on their campuses. We reaffirm that there can be no compromise of the right and ability of students, faculty, and staff at universities across North America (and elsewhere) to express their viewpoints free of harassment, intimidation, and threats to their livelihoods and safety.”

We therefore call on you to immediately reverse the decision to terminate Professor Finkelstein and to publicly declare her exonerated of the charges brought against her. We further call on you to vigorously reaffirm your commitment to uphold academic freedom and freedom of speech at Muhlenberg and to actively foster an atmosphere of free academic inquiry and discussion, including the unhindered right of faculty and other members of the campus community to express their political opinions in the public realm.

We look forward to your response.

Sincerely,

Aslı Ü. Bâli
MESA President
Professor, Yale Law School

Laurie Brand
Chair, Committee on Academic Freedom
Professor Emerita, University of Southern California