Karma R. Chávez
In August, the UT System adopted a policy preventing UT institutions from issuing opinions on contemporary social and political issues. This new policy extends the System’s adoption of the University of Chicago Statement on Free Speech, which argues that it is not an institution’s role to “shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.” Disagreements abound about the appropriateness of the Chicago principles, and the same can be said for mandates on so-called “content neutrality.”
Nevertheless, both are now UT policy, so understandably, I was among those aghast when the registered student group, UT Longhorns for Israel, posted on its Instagram a statement of support it received from President Jay Hartzell describing the “terror attack on October 7” as “an unspeakable tragedy that has unleashed a disturbing wave of antisemitism and hate across the world.” Although Hartzell presumably attempts to maintain content neutrality when he states that the state and UT have attempted to make campus welcoming “for Jewish, for Muslim, for all students,” the ruse of neutrality is revealed in several ways.
First, the statement is set against what appears to be an Israeli flag. Second, in mentioning only Jews and Muslims, Hartzell avoids naming Palestinians. He positions Israel’s military aggression against Gaza (and now Lebanon, Syria, Iran and Yemen) as a religious conflict between Muslims and Jews, despite that Palestinians are Muslim, Christian and Druze. This positioning is clearly not content neutral. Finally, no Muslim or Palestinian student group received any supportive message from the president despite that more than 42,000 Palestinians—a conservative estimate —have been killed as a consequence of Israeli military actions, the refusal to let aid into Gaza and the resulting widespread famine and rampant disease.
What accounts for the disparity in treatment of UT students by President Hartzell? Some might suggest that the expression of sympathy to a particular group does not violate the UT System’s new policy because Hartzell names the importance of making campus safe to all students. However, the message wasn’t sent to all students. It was sent to one particular group, which in its name is aligned with the politics of Israel. Furthermore, the President doesn’t acknowledge the horrific and disproportionate suffering of Palestinians. In fact, in his public statements to date, Hartzell has given no more than passing mention to the word “Palestinian,” let alone acknowledged Israel’s 76-year occupation of Palestine (a fact, not a political position), nor the documented physical or verbal attacks on Palestinians on or near campus since October 7, 2023.
Experts have long identified a “Palestinian exception” to free speech. The exception refers to even liberal or left-leaning people’s inability to affirm Palestinians the same right to expression and even humanity as other groups. President Hartzell’s letter clearly reflects this exception. Not only has he refused to acknowledge Palestinian suffering, but as of this writing, the Palestinian Solidarity Committee has been under an “interim suspension” as a registered student organization for more than six months. This ensures that the leading group for the Palestinian cause on campus is prevented from exercising its constitutional right to free expression and assembly. Even for those who may hold no point of view on this particular issue, this situation is a reflection of the potential limitations on everyone’s First Amendment rights on our campus, and remedying it should be a priority for us all.