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Probe says speech in anti-Semitic CUNY incidents is covered by First Amendment

CUNY Chancellor James Milliken says "the university will continue to respond with appropriate action" if speech goes too far.
Corey Sipkin/New York Daily News
CUNY Chancellor James Milliken says “the university will continue to respond with appropriate action” if speech goes too far.
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A six-month probe of alleged anti-Semitic incidents at several City University of New York campuses determined most of the offensive speech is covered by the First Amendment, officials said.

The report released late Friday by former federal prosecutor Paul Shechtman and former Federal Judge Barbara Jones also noted that CUNY administrators and college presidents had spoken out against the incidents, and it urged them to continue doing so.

“Political speech is often provocative and challenging, but that is why it is vital to university life,” the report reads. “As a public university, CUNY is limited in the ways that it can respond to hate speech, whether the words are anti-Semitic, racist, anti-Muslim, or anti-LGBT.”

CUNY officials commissioned the report after the Zionist Organization of America complained earlier this year about incidents involving pro-Palestinian activists.

Several complaints arose after the Million Student March at Hunter College in November 2015. The report said that some members of the crowd shouted “Death to Jews.” A student holding a pro-Israel sign had it pulled away and stomped on by other demonstrators.

While Shechtman and Jones said some of those actions were “tantamount to assaults,” there was no evidence identifying the individuals involved.

Earlier, in February, several students disrupted a Faculty Council meeting at Brooklyn College with the shouts “Zionist” or “Zionist Jew.” Four students were disciplined.

“In those cases where speech and conduct violate law or university policy, the university will continue to respond with appropriate action,” said CUNY Chancellor James Milliken.

State Sen. Jack Martins (R-Nassau County) slammed CUNY for releasing the long-awaited report on a Friday — just hours before the Jewish Sabbath.

CUNY Chancellor James Milliken says “the university will continue to respond with appropriate action” if speech goes too far.

“It’s insensitive, disturbing and unacceptable,” said Martins, who also expressed disappointment in the report’s findings.

“Everyone has a right to free speech, but they do not have the right to receive taxpayer funding or support to further their message.”

Members of the Zionist Organization of America responded to the report on Sunday saying it was “superficial.”

“Although acknowledging that rallies there proclaim “death to the Jews,” “Jews out of CUNY,” display mideast maps without Israel, and that violence is expressed against Jewish students—the report defends these as “freedom of speech,” said Morton Klein, the group’s president. “They should also be demanding training courses be given about anti-semitism. These types of hateful actions would never be tolerated against gays, African-Americans, or Hispanics.”