January 12, 2014
Dear President Napolitano,
On behalf of the California Scholars for Academic Freedom we are writing to request that you make a public statement of support for the right of academics–students as well as professors–to refuse to turn over computers, phones, and other electronic information and documents, as well as field notes and other research related materials, when requested or ordered to do so by Customs and Border Protection agents in the absence of a warrant authorizing the search of their belongings. California Scholars for Academic Freedom is an organization devoted to defending academic freedom and representing hundreds of faculty at universities throughout California, the majority of them at the University of California.
During your tenure as Secretary of the Department of Homeland Security, you supported and enforced the policy of searching computers, mobile phones and other electronic devices and possessions of travelers without a warrant or even reasonable suspicion, at all points of entry to and egress from the United States. As you know, a federal judge just ruled that such searches are constitutional. We imagine this case will ultimately be heard by the Supreme Court.
As academics many of us travel frequently to the Middle East, North and sub-Saharan Africa and other Muslim countries, and work on the war on terrorism, socio-religious movements and other sensitive issues. We study and write about civil society and political protest movements across the Arab/Muslim world. There is thus a strong likelihood that we might possess sensitive and/or confidential information from colleagues, interviewees, government and other officials as well as activists across the region, some of whom might have views that are critical of US policies and those of its clients and allies in the region. This information is part of our research and as such, we believe, it is covered by the protections relating to academic freedom normally afforded scholars. Some of us also work as journalists, and are thus also covered by the protections afforded to journalists to maintain the confidentiality of their sources and research absent a court order compelling them to turn such information over to authorities.
As a matter of principle, if presented with a warrantless request or demand to turn over such materials our inclination is to refuse to turn such materials over. We believe not only that our work as academics affords us particular Constitutional protections from such warrantless searches but that, given the history of NSA, CIA and other intelligence agency collaboration and cooperation with foreign intelligence and security services, including those that mistreat, torture and even kill people like those whom many of us research and write about, such a position is a professional as well as ethical obligation.
While you enforced the policy of warrantless searches as DHS Secretary, you are now the President of the University of California, with a very different set of interests, principles and people to protect. In that capacity, we would like to ask you, for the record and explicitly, to inform us whether we can expect the University, UCOP and you to support our refusal to turn over such information in the event agents request or demand to examine it without a warrant. Further, while we are aware this is not a routine occurrence, we believe the seriousness of the intrusion into our civil and professional rights and obligations demands that the University issue a firm guideline and policy on this issue.
More specifically, there are several issues of concern, including: the judge’s belief that “it would be foolish, if not irresponsible” to store anything you didn’t want anyone to gain access to on one’s computer (thus placing the onus on us to clean out all our computers and belongings of any information we might not want government agents to view before arriving at an entry/exit port, a near impossibility in most situations); the fact that the buffer zone where such searches can take place extends, according to the ACLU, 100 miles inland from all borders (thus including all UC campuses); and the fact that Customs and Border Protection cannot even inform the public of the number of times such searches occur (although DHS figures are at least as high as 6,500).
Indeed, the case just ruled upon (Case 1:10-cv-04059-ERK, Document 36), in which you are named defendant, specifically involved a graduate student in Islamic studies who, upon returning to the United States, had his laptop seized and was handcuffed and held in detention for three hours after agents ordered him to open his laptop and show them its contents, which included photos of Islamist rallies he’d attended as part of his research. The agents kept his laptop upon his release. We find it unconscionable not merely that this occurred, but that no apology was made to the student, and that no guidelines were issued by DHS to ensure such violations of students’ rights would not occur in the future.
Would the University offer a legal defense of and provide counsel to protect our right to keep our notes and other information confidential and out of the hands of US security and intelligence officials without a warrant presented to us at the time of such a request? Whatever your response, could you please provide us with your legal rationale behind it, so that we may understand the basis for the policy and thus understand how best to proceed. Your status as a defendant in the case while you served as DHS Secretary should not preclude you or your office from providing a statement of official UC policy on this issue.
Thank you very much for your prompt attention and response to this query.
Sincerely and on behalf of California Scholars 4 Academic Freedom,
Research Professor of History
UC Santa Barbara
Professor of Comparative Literature
Clinical Professor of Psychiatry and Global Health Services
UC San Francisco
Distinguished Professor of Anthropology
Edmund Burke, III
Research Professor of Modern Middle Eastern History
UC Santa Cruz
Katherine Callen King
Professor of Comparative Literature
Professor of Modern Middle Eastern History
Distinguished Professor of English
Professor of Literature, and Ethnic Studies
UC San Diego
(The above signatures, one from each campus, are included for contact purposes. The letter represents the collective request of the CS4AF community, including hundreds of other UC, CSU and private university professors in California)
Cc: Chancellor Dirks, UC Berkeley
Chancellor Blumenthal, UC Santa Cruz
Chancellor Yang, UC Santa Barbara
Chancellor Block, UC Los Angeles
Chancellor Wilcox, UC Riverside
Chancellor Khosla, UC San Diego
Chancellor Drake, UC Irvine
Chancellor Desmond-Hellmann, UC San Francisco
Chancellor Leland, UC Merced
January 6, 2014
Dr. Timothy White
401 Golden Shore
Long Beach CA 90802
Dear Chancellor White,
On behalf of the California Scholars for Academic Freedom (cs4af)*, we are writing to express our strong objection to your statement that “The California State University denounces the resolution calling for an academic boycott of the higher education institutions in Israel, which was issued by the American Studies Association.” http://blogs.calstate.edu/pa/news/?p=3387
The American Studies Association (ASA) is a professional academic organization, which passed this resolution through a majority vote of its members in accordance with its constitutional procedures and guidelines. Furthermore, in all its statements it has affirmed that its resolution respects the academic freedom of individual scholars everywhere. You may personally disagree with the resolution, but questioning the organization’s right to take a position and advocate for it is a different matter. Moreover, making your statement in the name of the CSU is very troubling.
Faculty, scholars, students, or any citizen of a democratic society have the right to advocate for boycott and divestment. This is a first amendment right. Such peaceful advocacy can have a political impact in bringing about change as it did against the apartheid regime of South Africa. This right is being exercised today by academics like those in the ASA, who support boycott and divestment “in objecting to the acts of discrimination, dispossession and denial of academic freedom in which Israeli institutions are complicit through their close collaboration with the state and its oppression of Palestinian society.” http://www.theasa.net/american_studies_association_resolution_on_academic_boycott_of_israel
What is of great concern is that your statement is made in the name of upholding “academic freedom,” when in reality it suppresses the academic freedom of your own faculty. This is especially disturbing given that it is made from an administrative position of power and in the name of the institution you serve. When the administration takes side with respect to a controversial political issue, it has a chilling effect on the students and faculty who have the opposite perspective. Your statement helps create an environment of fear and intimidation for those who are not in a position of power but have a dissenting opinion. This is particularly problematic in this case because it reinforces positions taken by the U.S. government in defending violations of international humanitarian law and other human rights abuses by strategic allies like Israel and denigrating efforts by civil society to challenge such policies. It is disappointing that you find such nonviolent campaigns more problematic than the violation of international legal norms themselves.
Your claim of upholding academic freedom is not only contradictory but is moreover at best misguided and at worst hypocritical. How can you uphold academic freedom by suppressing the free expression of a critical position? Why have you so glaringly ignored the daily violations of Palestinian academic freedom and right to education? Why are you not questioning the systematic and longstanding violations of the freedom of movement and opinion of Palestinian academics, which, to our knowledge, have never evoked comments by you or your colleagues? The answer to these questions is all too evident.
We are all familiar with the pressure that Israeli lobby groups, such as Stand With US, AMCHA, and other local affiliates have exerted on academic institutions over the last decade to intimidate and silence all those who have been critical of Israeli policies of occupation and mistreatment of Palestinians in the occupied territories. A number of faculty members on your campuses have been direct targets of these attacks. If such pressure groups are lobbying you to take the positions that you have taken, you must stand firm and remember your responsibility to the faculty and students under your care. You must stand firm in support of real academic freedom and first amendment rights on your university campuses. It is not only wrong, but also counterproductive to give in to such interest groups, whether they approach you with political pressure, financial threats, or other means. Appeasing them turns the largest public university system into a vehicle for the political maneuvering of these interest groups, and it encourages such groups to engage in the direct intimidation of faculty and students who have expressed support for the ASA resolution or engaged in criticism of Israel.
We call upon you to condemn Israeli violations of Palestinian rights to education and academic freedom with a level of concern similar to that you have expressed about the alleged violations caused by a boycott of Israeli institutions. We urge you, in the strongest possible terms, to withdraw your statement of condemnation of ASA and by espousing a neutral stance on the question of boycott and divestment affirm the California State University’s commitment to academic freedom.
California Scholars for Academic Freedom
Sondra Hale, Professor Emerita
Departments of Anthropology and Gender Studies
University of California, Los Angeles
Professor of History
California Polytechnic University, Pomona
Professor of English
University of California Riverside
Professor of Linguistics
Dean, College of Arts and Humanities
California State University Fresno
*CALIFORNIA SCHOLARS FOR ACADEMIC FREEDOM is a group of well over 100 academics who teach in 20 California institutions. The group formed as a response to various violations of academic freedom that were arising from both the post-9/11/2001 climate of civil rights violations and the increasing attacks on progressive educators by neo-conservatives. Many attacks have been aimed at scholars of Arab, Muslim or Middle Eastern descent or at scholars researching and teaching about the Middle East, Arab and Muslim communities. Our goal of protecting California Scholars based mainly in institutions of higher education has grown broader in scope to include threats to academic freedom across the United States, and where relevant, globally as well. We recognize that violations of academic freedom anywhere are threats to academic freedom everywhere.