"Michigan Student Association accused of stifling speech on Israel-Palestine"

Arab American News (Dearborn, Michigan), December 10-16, 2011, page 15:

University of Michigan student government effectively outlaws anyone who compares the Israeli army to the Ku Klux Klan.

"MSA issues offense against anti-Israel activist"

BY CLAIRE HALL

THE WIRE

A blog of the Michigan Daily (University of Michigan student newspaper)

December 7, 2011

At: http://www.michigandaily.com/blog/msa-issues-offense-against-anti-israel-activist

Local anti-Israel activist Blaine Coleman received a second offense at last night’s Michigan Student Assembly meeting after he compared the Israeli army to the Ku Klux Klan.

“Anyone wearing the Israeli army uniform is a Ku Klux Klansman who does not deserve any place at any table in polite society because they are racist killers trying to break the back of Palestine, and they have succeeded,” Coleman said.

Coleman attends the assembly meetings almost every week and calls for the University’s divestment from Israel.

The decision to issue the offense was made by assembly speaker Matt Eral. Two representatives said the language Coleman used was offensive and inappropriate, and two people voiced concerns that the assembly’s rule was not being properly utilized because an offense should not be issued for making people feel uncomfortable.

The assembly ultimately voted to uphold Eral’s issuance of the offense.

The resolution that passed in the assembly on Oct. 25 states that offenses may be issued to speakers during the Community Concerns portion of the assembly’s agenda if they use “vulgar or offensive language” or “hate speech.” A second offense results in the expiration of allotted Mspeaking time and the revocation of the speaking privileges for the current meeting. After five offenses, speakers are considered “ineligible” to address the assembly and to attend the meetings.

MSA president DeAndree Watson said on Oct. 25 that the resolution was brought to the table after two meetings last semester when another resolution concerning divestment from Israel was before assembly and offensive language was used.

During the time allotted last night for representatives to speak freely before the assembly, the subject of Coleman’s offense arose again when a representative said she felt uncomfortable and threatened by his comments. MSA representative Peri Silverman, an LSA junior, resigned and said the assembly shouldn’t continue to deal with such contentious and external issues week after week because it was divisive to the organization.

Echoing representatives’ comments made during the meeting, MSA president DeAndree Watson said after the meeting that he saw the importance of listening to community members’ concerns but also that he thought representatives should feel safe and comfortable in attending the meetings.

“Personally I’m not letting this stop me from doing what I’ve been elected to do … and I think we can continue to move forward and try and make life better for students even with this distraction,” Watson added.

SHOWING 1 COMMENT

Henry Herskovitz

Could someone from the MSA provide a legal definition of "hate speech"? Since I sometimes address the Assembly, I'd appreciate some guidelines in this regard, so that I may tailor my language appropriately. Perhaps the definition exists within the Oct. 25 resolution mentioned in Hall's article, but I was unable to locate the document.

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Arab American News:"ACLU of Michigan files lawsuit over refusal of 'Boycott Israel' ads"

"ACLU of Michigan files lawsuit over refusal of 'Boycott Israel' ads"

ARAB AMERICAN NEWS (Dearborn, Michigan)

Saturday, December 3, 2011

At:

http://www.arabamericannews.com/news/index.php?mod=article&cat=Community&article=5005

DETROIT — Charging a violation of First Amendment rights, the American Civil Liberties Union (ACLU) of Michigan filed a federal lawsuit on Monday, November 28 against the Ann Arbor Transportation Authority for refusing to allow a local activist to purchase a bus ad calling for the boycott of Israel and its apartheid system.

Ann Arbor activist Blaine Coleman hoped to run an advertisement with the words "Boycott Israel, Boycott Apartheid" with a picture of a spider-like creature with a skull for a head on the side or back of an AATA bus to raise awareness.

The ACLU, which wrote a letter to AATA explaining their stance in August, is charging that the AATA's policy of prohibiting ads that are "likely to hold up to scorn or ridicule a person or group of persons" is unconstitutional, hile saying that the policy used to determine which ads to run is vague and overly broad. The lawsuit asks for a court order requiring AATA to treat Coleman's ad the same way it treats all other ads.

"In a free and democratic society, we cannot allow the government to suppress political speech, even if it is controversial, makes some uncomfortable, or stirs our emotions,said Dan Korobkin, ACLU of Michigan staff attorney. The solution is never to censor unpopular speech, but to allow others the same opportunity to speak."

The AATA rejected Coleman's ad because it allegedly violates its advertising policy, which also states that "all advertising must be considered in good taste...."

...The AATA's attorneys finally responded in November saying that they will not run Coleman's ad.

Coleman said that he had been trying to get the ad published for almost a year but did not receive a response to his emails for months. He is thankful for the support from ACLU in defending his free speech rights but had hoped it wouldn't have been needed.

"It should not be necessary for the ACLU to defend your rights to demand a boycott of Israel; it is the most elementary of free speech rights, period," he said.

"After Israel massacred Palestine as well as Lebanon that should be elementary, of course.

"For generations, boycotts have been an effective tool to raise awareness and effect change, and I personally believe that a call to boycott Israel is the best way to empower the Palestinian people, said Coleman. However, you can't have a boycott if the government won't allow you to speak like everyone else."

The AATA has told various local news outlets that it will not comment on the situation due to the pending litigation.

The ACLU also obtained public records showing that the AATA accepts advertisements about many important issues, including local politics, race, and religion and has run the following ads: “In Washtenaw County black babies are 3x more likely to die than white babies," two political ads supporting candidates for district judge, “Breastfeeding makes babies smarter," and an ad for NorthRidge Church that reads: “NorthRidge Church is For Hypocrites. NorthRidge Church is For Fakes. NorthRidge Church is For Liars. NorthRidge Church is For Losers.”

Dan Korobkin, a staff attorney with ACLU-MI, agreed with Coleman's comments about free speech.

"Once a public agency decides to allow some people to speak, it can't pick and choose between the speech that it likes and the speech that it doesn't,said Korobkin. By allowing some messages, yet censoring Mr. Coleman, AATA is doing exactly what the First Amendment is designed to prohibit.

Coleman has attended various council and board meetings in order to persuade decision makers to join in the worldwide Boycott, Divestment and Sanctions movement against Israeli products over their repeated violations of international law in the occupied territories.

He said he would like members of the Arab American community and supporters in Dearborn to join him.

"What I would like most to see come out of this case personally is for the Dearborn community to march into Dearborn City Council and demand a resolution to boycott all products from Israel," he said.

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"ACLU of Michigan files lawsuit over refusal of 'Boycott Israel' ads"

"ACLU of Michigan files lawsuit over refusal of 'Boycott Israel' ads"

Arab American News (Dearborn, Michigan), page 15

December 3-9, 2011

(Click on image to enlarge it)

"American Civil Liberties Union files lawsuit against AATA for refusal to run anti-Israel ad"

"American Civil Liberties Union files lawsuit against AATA for refusal to run anti-Israel ad"

By Krista Gjestland

Heritage Media

ANN ARBOR JOURNAL (Ann Arbor, Michigan)

December 2, 2011

At:

http://heritage.com/articles/2011/12/02/ann_arbor_journal/news/doc4ed79e59bacdb664554042.txt?viewmode=fullstory

The American Civil Liberties Union of Michigan filed a lawsuit against the Ann Arbor Transportation Authority Monday morning for its refusal to run an anti-Israel ad on AATA buses.

Ann Arbor resident Blaine Coleman submitted an ad that read, "Boycott Israel, Boycott Apartheid," in December 2010.

In February, AATA refused his request, saying the ad violated its advertising policy. According to the policy, AATA can deny an ad if it "contains false, misleading or deceptive material, promotes an illegal activity, advocates violence or crime, infringes copyright, service mark, title or slogan or if it defames or is likely to hold up to scorn or ridicule a person or group of persons."

AATA also can deny an advertisement if it states or implies product or service endorsement, is a political ad, promotes alcohol or tobacco, or if it contains obscene material.

In a complaint issued to AATA in August, Coleman's lawyers cite several advertisements that violated AATA policy, but were allowed regardless, including ads that advocated breastfeeding, HIV testing, domestic violence awareness and promoting Joan Lowenstein for 15th District Court judge in Ann Arbor.

ACLU-Michigan lawyer Dan Korobkin, who is representing Coleman in this case, said the ACLU got involved, asking for AATA to reconsider based on the complaint submitted.

"We contacted AATA and asked for them to reconsider their position and run the ad," he said. "The actual governing board of the AATA met to discuss the issue and ultimately decided to not run the ad."

After meeting, the bus authority reached the same conclusion, denying Coleman's ad. According to the ACLU's press release, "The ACLU of Michigan's lawsuit argues that AATA's policy is vague and overly broad and asks a judge to strike it down as unconstitutional for violating the First Amendment right to free speech and the 14th Amendment right to due process. The lawsuit asks for a court order requiring AATA to treat Coleman's ad the same way it treats all other ads."

"AATA should run Mr. Coleman's ad under the same guidelines and rules and policies that it applies to every other ad," Korobkin said. "AATA should not be allowed to reject the ad based on its content or the views expressed in the ad."

According to Coleman, it's "racist violence" in Palestine that he takes issue with, and inspired him to try to run the ad.

"It's my personal opinion that Palestinians are facing genocide," he said. "I believe that I have the right and the duty to ask for a boycott of Israel the same way that people asked for a boycott of apartheid South Africa."

Coleman said he could give three examples of why he believes as he does.

"The first example is that Israel massacred over 1,200 innocent, helpless Palestinians in Gaza three years ago," he said. "The second example is that Israel massacred over 1,200 innocent, helpless Lebanese people in 2006. The third example is that Israel was very closely allied with the apartheid state of Africa for many years."

The complaint issued to AATA cites a December 2010 Human Rights Watch Report, "Separate and Unequal: Israel's Discriminatory Treatment of Palestinians in the Occupied Palestinian Territories" as support for Coleman's opinions.

The complaint states: "The report states that the Israeli government is responsible for a 'two- tier system of laws, rules, and services" in the West Bank and East Jerusalem.' It alleges that '(s)uch different treatment, on the basis of race, ethnicity, and national origin and not narrowly tailored to meet security or other justifiable goals, violates the fundamental prohibition against discrimination under human rights law.'"

Coleman said he is not against any group of people.

"Is it anti-anybody the demand an end to apartheid in occupied Palestine?" he said. "Of course not."

Korobkin said the ACLU took the case because it believes it's a violation of the First Amendment, and it often take cases it may not personally agree with....

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ACLU files motion regarding "Boycott Israel" bus advertisement

"ACLU Files Motion in AATA Bus Ad Lawsuit"

ANN ARBOR CHRONICLE (Ann Arbor, Michigan)

Nov. 29, 2011

At:

http://annarborchronicle.com/2011/11/29/aclu-files-motion-in-bus-ad-lawsuit/

"On Nov. 29, 2011, the American Civil Liberties Union of Michigan filed with the U.S. District Court (Eastern District of Michigan) a motion for a preliminary injunction or temporary restraining order, to compel the Ann Arbor Transportation Authority to accept an advertisement it had previously rejected. [.pdf of Nov. 29 ACLU motion]

"The previous day, on Nov. 28, the ACLU filed a lawsuit on behalf of activist Blaine Coleman, who had sought to purchase an advertisement for the sides of AATA buses. The AATA refused to run the ad. The proposed ad includes the text, “Boycott ‘Israel’ Boycott Apartheid,” and an image depicting a scorpion-like creature with a skull for a head.... [.pdf of image and text of proposed ad] "

ACLU lawsuit filed, to display “Boycott Israel, Boycott Apartheid” ads on city buses traveling along the University of Michigan campus:

"Political activist sues Ann Arbor Transportation Authority for refusing advertisements"

DETROIT FREE PRESS (Detroit, Michigan)

Nov. 28, 2011

At: http://www.freep.com/article/20111128/NEWS05/111128069/Political-activist-sues-Ann-Arbor-Transportation-Authority-refusing-advertisements?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

A Washtenaw County political activist sued the Ann Arbor Transportation Authority for refusing to post his ads decrying Israel’s treatment of Palestinians.

The ACLU of Michigan filed the suit today in U.S. District Court in Detroit on behalf of Blaine Coleman, who has tried for nearly a year to get his advertisement — “Boycott Israel, Boycott Apartheid” — displayed on city buses traveling along the University of Michigan campus.

The ads feature a skull attached to what appears to be a spider’s body holding other skulls and human bones.

The lawsuit said the transit authority’s board of directors rejected the ad this month saying it violates transit policy because it would defame or likely hold a person or group up to scorn or ridicule.

ACLU lawyer Daniel Korobkin said in the lawsuit that the refusal violates Coleman’s constitutional free speech and due process rights. He wants U.S. District Judge Mark Goldsmith to declare the policy unconstitutional.

A message for comment was left with the Ann Arbor Transportation Authority.

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"Ann Arbor bus agency sued over anti-Israel ad:

"ACLU sues bus agency in liberal Ann Arbor after anti-Israel ad is rejected"

On WDIV-TV News

Detroit, Michigan

November 28, 2011

At: http://www.clickondetroit.com/news/Ann-Arbor-bus-agency-sued-over-anti-Israel-ad/-/1719418/4837374/-/fetyjg/-/

The American Civil Liberties Union has filed a lawsuit against an Ann Arbor bus agency after it refused to allow an ad that says, "Boycott Israel."

The lawsuit filed Monday in federal court in Detroit claims the Ann Arbor Transportation Authority is violating the free-speech rights of Blaine Coleman, who wants to put the ad on buses near the University of Michigan.

The lawsuit says the bus agency's board met Nov. 17 and rejected the ad, claiming it violates a policy against ads that ridicule people or groups.

Coleman's ad would say, "Boycott Israel, Boycott Apartheid." He believes the Israeli government treats Palestinians unfairly.

Ann Arbor Transportation Authority Chair Jesse Bernstein said the agency is not commenting because the case is in litigation.

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"ACLU sues AATA over refusal of anti-Israel bus advertisement"

AnnArbor.com

Nov. 28, 2011

at http://www.annarbor.com/news/aclu-sues-aata-over-refusal-of-anti-israel-bus-advertisement/

"The American Civil Liberties Union has sued the Ann Arbor Transportation Authority and CEO Michael Ford over the agency’s refusal to accept an advertisement calling for a boycott of Israel from pro-Palestinian activist Blaine Coleman of Ann Arbor.

"The lawsuit filed Monday in federal court in Detroit alleges AATA violated Coleman’s First Amendment right to free speech and 14th Amendment right to due process. It argues AATA’s policy is vague and overly broad. It asks the court to order AATA to display the advertisement under the same terms offered to other advertisers and to award Coleman damages, court costs and reasonable attorney fees....

"...The lawsuit alleges that AATA “almost never rejects advertisements for failing to comply with its advertising policy” and offers several examples to support that claim. As evidence, it notes that advertising policy prohibits ads supporting or opposing any candidate for political office or any ballot proposal, but the lawsuit alleges AATA ran political campaign advertisements supporting Joan Lowenstein and Margaret Conners for district court judge in 2008.

"The suit also notes that AATA has accepted ads from religious organizations and run ads with messages such as 'Breastfeeding makes babies smarter,” and “Two-Faced Landlords Can Be Stopped. Housing Discrimination Is Against the Law....' "

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"Lawsuit Filed Over Rejected AATA Bus Ad"

Ann Arbor Chronicle, at: http://annarborchronicle.com/2011/11/28/suit-filed-over-rejected-aata-bus-ad/

Nov. 28, 2011

"On Nov. 28, 2011, the American Civil Liberties Union of Michigan filed a lawsuit against the Ann Arbor Transportation Authority in U.S. District Court over an advertisement the transit agency refused to accept for the sides of its buses. [.pdf of complaint]

ACLU of Michigan staff attorney Dan Korobkin told The Chronicle by phone that on Nov. 29 a motion will be filed with the court asking for a preliminary injunction, to compel AATA to run the ad.

"The ad features the text 'Boycott Israel' and 'Boycott Apartheid,' with an image depicting a scorpion-like creature with a skull for a head. At its Nov. 17 meeting, the AATA board voted to affirm the rejection of the ad, inviting Blaine Coleman – whom the ACLU is representing in the case – and the ACLU to discuss the advertising policy. The board’s vote had come in response to a letter the board had received in August 2011 asking the AATA to reverse the decision to reject the ad. [Chronicle coverage of the board's decision, the legal issues and some other similar cases are included in a report of that meeting: "Bus Ad Rejection Affirmed"]...."

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"ACLU files lawsuit against AATA over rejection of ad"

MICHIGAN DAILY (University of Michigan at Ann Arbor campus)

Nov. 29, 2011

At:

http://www.michigandaily.com/news/aclu-files-lawsuit-against-aata

"The Michigan chapter of the American Civil Liberties Union filed a lawsuit yesterday against the Ann Arbor Transportation Authority concerning the company’s refusal to sell advertising space to an Ann Arbor activist who promotes boycotting Israel.

"Following AATA’s refusal of activist Blaine Coleman’s ad, which was intended to read “Boycott Israel, Boycott Apartheid,” the ACLU lawsuit claims AATA’s advertising policy, which requires all ads to be “in good taste” and bans advertising that is “likely to hold up to scorn or ridicule a person or group of persons,” is in violation of the First Amendment due to its “vague” nature. The ACLU is calling for a judge to rule the policy unconstitutional.

"The lawsuit also states that Coleman’s ad should not be discriminated against because of its controversial nature. Dan Korobkin, staff attorney of the Michigan chapter of the ACLU, wrote in a press release yesterday that the case is pursuing the protection of free speech...

"...In the release, Coleman wrote that he chose to create the advertisement to “empower” Palestinians and increase awareness regarding the Israeli-Palestinian conflict...."

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"Ann Arbor bus agency sued over anti-Israel ad"

CHICAGO TRIBUNE

Associated Press

2:25 p.m. CST, November 28, 2011

At: http://www.chicagotribune.com/news/chi-ap-mi-busad-lawsuit,0,331294.story

ANN ARBOR, Mich.— The American Civil Liberties Union has filed a lawsuit against an Ann Arbor bus agency after it refused to allow an ad that says, "Boycott Israel."

The lawsuit filed Monday in federal court in Detroit claims the Ann Arbor Transportation Authority is violating the free-speech rights of Blaine Coleman, who wants to put the ad on buses near the University of Michigan.

The lawsuit says the bus agency's board met Nov. 17 and rejected the ad, claiming it violates a policy against ads that ridicule people or groups.

Coleman's ad would say, "Boycott Israel, Boycott Apartheid." He believes the Israeli government treats Palestinians unfairly. A message seeking comment was left with the chairwoman of the bus agency.

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"Ann Arbor bus agency sued over anti-Israel ad"

November 28, 2011

Same AP article in the Columbus, Indiana Republic, at:

http://www.therepublic.com/view/story/8098dac6ab0546d681bef4ecee066217/MI--Bus-Ad-Lawsuit/

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"Ann Arbor bus agency sued over anti-Israel ad"

November 28, 2011

Same article in New England Cable News (NECN), in Newton, Massachusetts, at:

http://www.necn.com/11/28/11/Ann-Arbor-bus-agency-sued-over-anti-Isra/landing_nation.html?&apID=8098dac6ab0546d681bef4ecee066217

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"Ann Arbor bus agency sued over anti-Israel ad"

Same AP article in MLive.com (Michigan news)

November 28, 2011

at http://www.mlive.com/newsflash/index.ssf/story/ann-arbor-bus-agency-sued-over-anti-israel-ad/8098dac6ab0546d681bef4ecee066217

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"Ann Arbor bus agency sued over anti-Israel ad"

November 28, 2011

Same AP article in WNEM-TV News

(Saginaw, Michigan)

http://www.wnem.com/story/16139135/ann-arbor-bus-agency-sued-over-anti-israel-ad

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"Ann Arbor bus agency sued over anti-Israel ad"

Same AP article on CBS Detroit . com (WWJ TV News)

November 28, 2011

(Detroit, Michigan)

at:

http://detroit.cbslocal.com/2011/11/28/ann-arbor-bus-agency-sued-over-anti-israel-ad/

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"Ann Arbor bus agency sued over anti-Israel ad"

Same AP article on WNDU-TV

South Bend, Indiana

Nov. 28, 2011

At: http://www.wndu.com/michigan/headlines/Ann_Arbor_bus_agency_sued_over_anti-Israel_ad_134647373.html

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"Ann Arbor bus agency sued over anti-Israel ad"

Same AP article on WLNS-TV

Lansing, Michigan

Nov. 28. 2011

At: http://www.wlns.com/story/16140548/ann-arbor-bus-agency-sued-over-anti-israel-ad

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