University of Wisconsin-Milwaukee says pro-Hamas groups’ threats are protected by first amendment

UWM is not the only institution which has refused to take the coalition’s threats seriously.

Dion J. Pierre, The Algemeiner

The University of Wisconsin, Milwaukee (UWM) on Thursday repealed suspensions levied against five pro-Hamas student groups after determining that a series of threats they issued to Zionist Jews over the summer were not “true” threats warranting forfeiture of First Amendment protections.

As The Algemeiner has previously reported, a coalition of groups led by one which calls itself UWM Popular University for Palestine proclaimed in July that “we will no longer normalize genocidal extremists walking on our campus” and that “any organization or entity that supports Israel is not welcome at UWM. This includes the local extremist groups such as Hillel, Jewish Federation, etc.”

Reiterating its first point, the group continued, “We refuse to normalize extremists and extremist groups walking around our campus. We are watching Israel’s legitimacy and international recognition fall to pieces on the world stage. Any organization that has not separated themselves from Israel will be treated accordingly as extremist criminals. Stay tuned.”

In a statement that was not endorsed by the signature of Chancellor Mark Mone, UWM said it is charged daily with balancing competing imperatives, those of protecting both civil rights and free speech.

In this case, the university explained, it prioritized the latter.

“Free speech is a fundamental right that UWM is obligated to uphold,” the university said.

“At the same time, under Title VI of the Civil Rights Act of 1964, UWM is responsible for ensuring an educational environment free from discrimination and harassment, which is why UWM concluded that the social media posts did not meet the very high bar under the First Amendment to constitute the legal definition of a true threat, which is a recognized exception to First Amendment protection.”

It continued, “Over the past several months, members of the UWM administration have been in communication with impacted organizations, offering support and safety information. UWM also launched a campaign to educate the campus community about the First Amendment and behavior expectations regarding protests on campus. UWM is continuing to monitor protests and other expressive activities to ensure that individuals and organizations comply with the law and our conduct codes.”

UWM is not the only institution which has refused to take the coalition’s threats seriously.

The local district attorney has also said that UWM Popular University for Palestine’s comments are protected by the First Amendment, according to the Milwaukee Jewish Federation, which also sought help from the FBI.

However, UWM has previously been accused of failing to protect its Jewish community.

Since the Palestinian terror group Hamas’s Oct. 7 massacre across southern Israel, it has emboldened the radical anti-Zionist groups operating on its campus, according to a paper by UWM political science professor Shale Horowitz.

Published in July, the paper — titled, “The Campus War against Israel: The University of Wisconsin-Milwaukee” — argued that the administration was first to countenance violence and discrimination against Jews when it issued a statement about the Oct. 7 onslaught “without naming Hamas as the aggressor.”

Until UWM Popular University for Palestine’s threat, Horowitz argued, the school had refused to address antisemitism as a stand-alone issue, denouncing both “antisemitism and Islamophobia” despite there having been little evidence of the latter and many instances of the former, including an incident in which an anti-Zionist mob descended on a Hillel event calling for “intifada” and a “free Palestine, from the river to the sea.”

After anti-Zionists commandeered a section of campus, setting up a “Gaza Solidarity Encampment” on school property, Mone praised protests against Israel as “history” unfolding “across the nation and the world.”

Mone added, “I appreciate that the protests have remained peaceful and have not disrupted daily campus operations. And it is laudable that so many learning opportunities have been incorporated into life inside the encampment. This is a reflection of our campus community as a whole — and I salute the many instances of people coming together, discussing issues of the day, and welcoming the diverse people and opinions on our campus.”

Mone went on to endorse a litany of falsehoods about Israel in a statement announcing an agreement to end the encampment.

Accepting the ideological premises of the anti-Zionist movement, he described Israel’s conduct in the war against Hamas as “genocide” and equated Hamas’s kidnapping women, children, and the elderly to Israel’s detaining of Palestinian terrorists, which Horowitz criticized for being a false equivalence and an implicit endorsement of terrorist violence.

“The systemic anti-Israel collusion of extremists and university bosses also has important implications for American Jews,” Horowitz concluded.

“In Animal Farm, [George] Orwell explained where far-left ideologies lead. Some people and groups will inevitably be more equal than others, and those monopolizing power will decide which ones. For the far left, Jews are white Westerners, while Palestinian and other Muslims are non-white, non-Westerners, whose more radical segments are part of the anti-Western coalition.”

He added, “It doesn’t matter that the racial elements of this worldview are false and repugnant. The far left long ago classified as enemies Israel and Jews.”

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