Doc's Talk: Prof. Klein's unlawful webpage‏

Friday, October 11, 2013

Prof. Klein's unlawful webpage‏

Subject: Re: Prof. Klein's unlawful webpage

Dear CSU Interim General Counsel Jones,

Thank you for your email reiterating your legal opinion that Prof. Klein "has not violated Education Code 89005.5 because he has not used nor invoked the CSU name in support of his viewpoint."

Once again we feel compelled to point out that your interpretation of 89005.5(a)(2)(C) does not accord with the letter of the law, which does NOT require that an individual use or invoke the CSU name "in support of his viewpoint" to be in violation of the statute, but only that he or she use the CSU name, without the permission of the CSU Trustees, "to display...this name publicly at, or in connection with any...propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement...of...boycott." The subdivision is quite clear and nowhere suggests that the individual who is using the CSU name must have the intention of using that name "in support of his viewpoint."

Nevertheless, while it is clear that Klein is in violation of a prima facie reading of 89005.5(a)(2)(C), we also think that Klein is in violation of 89005.5 even according to what we believe to be your mistaken legal interpretation, and that he has indeed used and invoked the CSU name "in support of his viewpoint." Consider the following:

Like the vast majority of university faculty across the country, Prof. Klein could have used a private email address and a private website to send or post messages that are unambiguously political in nature and obviously intended to encourage political activism. It may have been that when Klein originally posted his "Boycott Israel Resource Page" on the CSUN server more than three years ago, he did so to save money or out of convenience, and not in order to use the CSU name to promote his personal political activity. However, after Klein was made aware of the concerns of the Jewish community regarding the antisemitic nature of his webpage as well as the potential legal concerns that were raised by many individuals -- both of which Klein documented on his "Boycott Israel Resource Page" as they were happening -- there is no doubt that for the last two years he has consciously chosen to use his CSUN email account (david.klein@csun.edu) and the CSUN server (http://www.csun.edu/~vcmth00m/boycott.html), rather than a low cost or free private email address and private server, to promote the boycott of Israel. Moreover, in an article that appeared on 6/5/12 in the Electronic Intifada, an online publication that promotes calls for the boycott of Israel, Klein urged other faculty to use their university's name and resources "to do similar things, to go ahead and take a public stand against apartheid in Israel and ethnic cleansing, and all the injustices there." We believe that a reasonable person who was aware of these facts would suppose that Klein was using the CSUN name to provide academic and institutional legitimacy "in support of his viewpoint," for the purpose of advancing his political ends.

You may remember that about 10 years ago the CSU Trustees appealed the decision of a Superior Court Judge who did not find the owner of Bello's Sporting Goods to be in violation of California Education Code 89005.5 for selling articles of clothing and other items with the name "Cal Poly" on them. The Appellate Court judges reversed that decision and found the store owner in violation of 89005.5(a)(2)(B), which prohibits using the CSU name or any variation of that name for commercial purposes, without the permission of the CSU Trustees. Interestingly, the Appellate Court ruling contains language which elucidates the meaning and intent of 89005.5: "the words 'Cal Poly' have acquired value as a result of organization and the expenditure of labor, skill and money by CSU. Bello's has no constitutional right to exploit the value of the university's hard-won reputation." We believe that the same understanding of the law can and should be used to demonstrate that Klein's use of the CSUN name is a violation of 89005.5(a)(2)(C), which prohibits the unauthorized use of the CSU name for the "support, endorsement, advancement...of... boycott". In other words, the name "CSUN" has "acquired value as a result of organization and the expenditure of labor, skill and money by CSU," and Klein "has no constitutional right to exploit the value of the university's hard-won reputation" for the purpose of supporting, endorsing and advancing the boycott of Israel.

In light of these considerations, we ask you to reconsider your position on this matter.

Thank you,

Tammi Rossman-Benjamin

Co-founder, AMCHA Initiative

Leila Beckwith

Co-founder, AMCHA Initiative

CC: CSU Board of Trustees

CSU Chancellor Timothy P. White

CSUN President Dianne Harrison

Attorney General Kamala Harris

Deputy Attorney General Stepan Haytayun

Senior Assistant Attorney General Douglas Wood

California Speaker of the Assembly John A. Perez

California Superintendent of Public Instruction Tom Torlakson

California State Senator Alex Padilla (Northridge)

California Assembly Member Joan Buchanan, Chair of the Assembly Education Committee

U.S. Congressman District 30 Brad Sherman

California Jewish community leaders

Abraham Foxman, National Director of the Anti-Defamation League

BCC: Wide circulation in the Jewish community

On Oct 8, 2013, at 2:58 PM, Jones, Andrew wrote:

Dear Ms. Rossman-Benjamin,

To follow up on our conversation last Friday October 4^th, which occurred after receiving and reviewing your most recent letter addressed to President Harrison, let me reiterate that although Klein's link is on his faculty web page, he nonetheless has not violated Education Code 89005.5 because he has not used nor invoked the CSU name in support of his viewpoint. Klein’s work is his work alone, and does not carry the agreement, support or endorsement of CSUN, its president, nor the Chancellor and Board of Trustees.

As we have corresponded on this matter several times, it is now time to move forward in the absence of any new developments.

Sincerely,

Andrew Jones

G. Andrew Jones | California State University

<image002.jpg>

From: Tammi Benjamin [mailto:tammi@amchainitiative.org]
Sent: Friday, October 04, 2013 3:12 PM
To: Harrison, Dianne F
Cc: Leila Beckwith; Hernandez, Leticia; White, Timothy; Jones, Andrew; attorneygeneral@doj.ca.gov; Stepan Haytayan; Douglas Woods; Speaker.Perez@assembly.ca.gov; ttorlakson@cde.ca.gov;Senator.Padilla@sen.ca.gov; Assemblymember.Buchanan@assembly.ca.gov; brad.sherman@mail.house.gov; Jennifer Gorovitz; Doug Kahn; rabbibrandt@jfed.org; myrna@jfed.org; jyl@jvalley.org;diane@jvalley.org; jsanderson@jewishla.org; acushnir@jewishla.org; Melissa Chapman; Jessica Braverman Birch; lenmf1@yahoo.com; michaels@ujfsd.org; lindaf@jewishfederationsandiego.org;shalom@jfoc.org; chelle@jfoc.org; msrassler@sbjf.org; skatz@sbjf.org; dgoldfarb@jewishlongbeach.org; Mervyn Danker; greenebaumg@ajc.org; Ari Hier; Rabbi Abraham Cooper; Rabbi Meyer May; Roz Rothstein ~ SWU; Orit Arfa; Jesse Rosenblum; sandiego@zoa.org; marving@sfjcf.org; rabbi@mjcs.org; kalinsky@aol.com; schapira@uscj.org; BoardofRabbis@JewishLA.org; julie@jpac-cal.org;MarshaH@sfjcf.org; Capitol Pessah; MCARR@ADL.ORG; ngrotch@adl.org; kogrady@adl.org; mcasuto@adl.org; csilverman@adl.org; sbrysk@adl.org; asusskind@adl.org; Abraham Foxman
Subject: Re: Prof. Klein's unlawful webpage

No comments:

The IDF’s Minorities in Numbers and Pictures

In honor of IDF Diversity Week, we present diversity through numbers and pictures. Each year, more and more Muslims, Christians, Druze, Bedouin and immigrants from around the world take on the responsibility of defending Israel.

MUSLIMS:

Muslim Arab Israelis are not required to draft in the IDF, but there are many who volunteer. In 2013, there were over 200 Muslims serving in the IDF and over 300 in the reserves.

Bedouins:

Bedouins are nomadic Muslims who were in Israel when modern borders were set in place and are now considered Israeli citizens. They are not required to draft but a growing number choose to enlist. In 2012, there were over 1,400 Bedouin Muslim soldiers doing regular IDF service and almost 1,500 in the reserves.

Read more:http://www.idfblog.com/2014/02/27/truth-idf-numbers-pictures/#more-34027

Are you aware that in 2013, Middle class taxes go up-significantly?

In January of next year, the federal income tax rate for middle-class taxpayers is scheduled to rise from 25 percent to 28 percent, and the payroll tax is scheduled to rise from 13.3 percent to 15.3 percent… This drives the marginal tax rate based on the aforementioned three taxes to 48.12 percent. Add in state and local property, corporate, excise, and other state and local taxes, and the percentage of each additional dollar that is taxed hovers around 50 percent… When half of each additional dollar earned is taxed away, taxpayers experience a disincentive to start businesses or expand existing ones. This leads to fewer jobs being created.

Why is HAMAS Inside Tampa Schools?

Clare Lopez

Kelly Miliziano, who teaches history classes at Steinbrenner High School in the Tampa, Florida area apparently thinks it’s perfectly OK to invite a senior official of a HAMAS-affiliated organization into her classroom to discuss Islam with her students. According to local media reports, not only has this been going on for years, but in spite of the civil and criminal proceedings that could result from such reckless negligence, the Hillsborough County school superintendent, Mary Ellen Elia, and the chairman of the school board, Candy Olson, also expressed approval for students under their responsibility to be exposed repeatedly to guest speaker, Hassan Shibly, who is the Executive Director for the Council on American-Islamic Relations (CAIR) in the Tampa area.
More...

Did You Know... Ignoring the Call to Islam will Bring Jihad

‘Conquest through Da’wa [proselytizing] that is what we hope for. We will conquer Europe, we will conquer America! Not through sword but through Da’wa.’
-- Yousef al-Qaradawi , Muslim Brotherhood spiritual leader The Arabic word ‘Da’wa’ means the “call to Islam.” But do not think that Da’wa is the same thing as an invitation to an optional holiday event. The classical Islamic doctrine of jihad mandates that enemies must be given the opportunity to convert to Islam or pay the jizya tax before it is permissible to attack them.
Clare M. Lopez

Who is being discriminated-facts tell the truth

Religious bias

Hate crimes motivated by religious bias accounted for 1,409 offenses reported by law enforcement. A breakdown of the bias motivation of religious-bias offenses showed:

65.4 percent were anti-Jewish.
13.2 percent were anti-Islamic.
9.5 percent were anti-other religion, i.e., those not specified.
4.3 percent were anti-Catholic.
3.8 percent were anti-multiple religions, group.
3.3 percent were anti-Protestant.
0.5 percent were anti-Atheism/Agnosticism/etc.

http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2010/narratives/hate-crime-2010-incidents-and-offenses.

On March 31, 1977, the Dutch newspaper Trouw published an interview

with PLO executive committee member Zahir Muhsein. Here's what he said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct "Palestinian people" to oppose Zionism.

For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

In March 1977, Zahir Muhsein, a PLO executive, said:

"The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct Palestinian people to oppose Zionism."

"For tactical reasons, Jordan, which is a sovereign state with defined borders, cannot raise claims to Haifa and Jaffa, while as a Palestinian, I can undoubtedly demand Haifa, Jaffa, Beer-Sheva and Jerusalem. However, the moment we reclaim our right to all of Palestine, we will not wait even a minute to unite Palestine and Jordan."

The Arab Apartheid

Ben-Dror Yemini
In 1948, the Arab countries refused to accept the UN partition proposal and they launched a war of annihilation against the State of Israel which had barely been established. All precedents in this matter showed that the party that starts the war - and with a declaration of annihilation, yet - pays a price for it. Between 550,000 and 710,000 Arabs fled because of the war and a larger number of 850,000 Jews were expelled or fled from Arab countries (the "Jewish nakba").
Population exchanges and expulsions were the norm at that time, occurring in dozens of other conflict points and affecting about 52 million people. In all the population exchange precedents that occurred during or at the end of an armed conflict, there was no return of refugees to the previous region, which had turned into a new national state.
Only the Arab states acted completely differently from the rest of the world. Instead of assimilating the refugees, they crushed them despite the fact that they were their coreligionists and members of the Arab nation - instituting a regime of apartheid. So the "nakba" was not caused by the actual dispossession, which had also been experienced by tens of millions of others. The "nakba" is the story of the apartheid, oppression, abuse and denial of rights suffered by the Arab refugees at the hands of the Arab countries. (Maariv)

International Law and Military Operations in Practice - Col. Richard Kemp

"Islamist fighting groups study the international laws of armed conflict carefully and they understand it well. They know that a British or Israeli commander and his men are bound by international law and the rules of engagement that flow from it. They then do their utmost to exploit what they view as one of their enemy's main weaknesses. Their very modus operandi is built on the correct assumption that Western armies will normally abide by the rules, while these insurgents employ a deliberate policy of operating consistently outside international law. "

Lost Historical Moments

What Rabin’s last Knesset speech really said:repudiation of a Palestinian state

Rabin ruled out a fully sovereign Palestinian state :

“We view the permanent solution in the framework of State of Israel which will include most of the area of the Land of Israel as it was under the rule of the British Mandate, and alongside it a Palestinian entity which will be a home to most of the Palestinian residents living in the Gaza Strip and the West Bank. We would like this to be an entity which is less than a state, and which will independently run the lives of the Palestinians under its authority.”

Rabin ruled out a total withdrawal from Judea and Samaria and thus a return to the pre-June 1967 borders :

“The borders of the State of Israel, during the permanent solution, will be beyond the lines which existed before the Six Day War. We will not return to the 4 June 1967 lines.”

Rabin ruled out withdrawing form the Jordan Valley:

“The security border of the State of Israel will be located in the Jordan Valley, in the broadest meaning of that term.”

Rabin ruled out uprooting settlement blocs, like the Gush Katif bloc in Gaza (which was subsequently uprooted by former Prime Minister Ariel Sharon):

“The establishment of blocs of settlements in Judea and Samaria, like the one in Gush Katif.

AND

Rabin ruled out removing any settlement before coming to a full peace agreement with the Palestinians:

“I want to remind you: we committed ourselves, that is, we came to an agreement, and committed ourselves before the Knesset, not to uproot a single settlement in the framework of the interim agreement, and not to hinder building for natural growth.”

Rabin insisted on Israel retaining full security control of the borders with Egypt and Jordan, contrary to Israel’s relinquishment of the Philadelphia Corridor on the border with Egypt:

“The responsibility for external security along the borders with Egypt and Jordan, as well as control over the airspace above all of the territories and Gaza Strip maritime zone, remains in our hands.”

Correcting Oslo Myths-Part 2

3) Kuttab laments that the post-1993 Oslo process resulted in a Palestinian Authority "whose ministers and legislators are not guaranteed passage between Gaza and the West Bank ...."

Before free passage or other perquisites, PA leaders were obligated, among other things, to eliminate the terrorist infrastructure in the West Bank and Gaza Strip, end anti-Israeli, antisemitic incitement in schools, mosques, and communications media, and resolve all outstanding issues through peaceful negotiations. They met none of these commitments, sometimes bolstering terrorism and greatly increasing incitement.

4) Kuttab complains that under Oslo the PA got "lightly armed police ---- but no real sovereignty over the land or contiguity between our communities in Gaza and the West Bank."

Oslo agreements repeatedly were revised, regardless of Palestinian non-compliance, until the authorized number of police grew from 8,000 to 40,000. Though they were to be the only armed forces in the territories, Israeli estimates early in the second intifada put the number of gunmen - police, "security services," terrorists, and armed gangs - at 85,000. Their armament reportedly included not only heavy machine guns and rocket-propelled grenades, but also anti-tank and anti-aircraft missiles.

Sovereignty was to be negotiated in the envisioned 1998 "final status" talks - after a five-year period of confidence-building. Palestinian leadership chronically undermined the process. Palestinian terrorism made the 1993 - 1998 Oslo period more deadly for Israelis than the 15 years preceding it.

The United States doesn't have contiguity between the lower 48 states and Alaska and Hawaii; territorial contiguity between the West Bank and Gaza Strip - that is, through the 20 miles of Israeli territory between them - was never promised and would destroy Israeli contiguity.

5) "Palestinians have been made to endure hundreds of checkpoints in the West Bank, an eight-foot wall deep in our territories, and tight Israeli control over borders."

The security barrier is not "deep in Palestinian territories," but rather encompasses less than 8 percent of Judea and Samaria, and is mostly a fence, rarely a wall; the land in question is not "our [Palestinian] territories" but disputed territory to which, according to the authors of U.N. Security Council Resolution 242, Jews as well as Arabs have claims; and there are no international borders, only the 1949 armistice lines with Jordan. Under 242, borders remain to be negotiated. As for checkpoints - like the security barrier and "tight Israeli control" - Palestinian Arabs precipitated these measures themselves. No terrorism and there would be no fence or tight Israeli control and few checkpoints - like before the first intifada.

Correcting Some Oslo Myths

1) In Oslo "Israeli, Palestinian and other world leaders promised that ... Palestinian sovereignty would be solidified."

No, they didn't. The 1993 Declaration of Principles and subsequent Oslo agreements outlined a process by which final status negotiations about the West Bank and Gaza Strip would be reached. The process required an end to anti-Israel terrorism and incitement and a commitment to peaceful negotiations. The PA, Fatah, Hamas, Islamic Jihad, the Popular Front for the Liberation of Palestine, and other terrorist groups, sabotaged the process from the start.

2) "The reality is that, in defiance of U.N. Security Council Resolution 242, which states that it is inadmissible to occupy land by force, Palestinian territories are still under foreign military occupation."
Wrong again. Resolution 242 (1967) does note "the inadmissibility of the acquisition of territory by war." It also affirms the right of every state in the area "to live in peace with secure and recognized boundaries free from threats or acts of force." There were no "Palestinian territories." Jordan occupied the West Bank, Egypt controlled Gaza. Israel did not have "secure and recognized boundaries," so retention of some of those territories was possible under 242. Israel is not a "foreign" military occupier in the West Bank but, pending final negotiations, the lawful military administrator as a result of a successful war of self-defense.

Doc's Talk