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February 11, 2011

UPDATED: 100 UC Irvine faculty protest criminal charges against Muslim Students

by Lisa Armony, Contributing Writer

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One hundred faculty members at the University of California, Irvine (UCI) have called on Orange County District Attorney Tony Rackauckas to drop criminal charges against 11 current and former students arrested in February 2010 for disrupting a public speech by Michael Oren, Israel’s Ambassador to the U.S. on the UCI campus.


The district attorney’s office announced on Feb. 4 that it was filing misdemeanor charges of conspiracy to disturb a meeting and disturbance of a meeting against the defendants.  On video tape that circulated widely on the Internet, each defendant can be seen standing up and shouting anti-Israel vitriol at Oren while he was speaking at the UCI Student Center.  One of the defendants, Mohamed Mohy-Eldeen Abdelgany, 23, who was then president of the Muslim Student Union (MSU) at UCI, is also charged with coordinating the disruption several days before the event.


[UPDATE: If convicted, the defendants face sentences that could include probation with community service or fines or up to six months in jail.]

The faculty signatories, who included several chancellor’s professors and seven professors of law, said they were “deeply distressed” by the district attorney’s decision to file criminal charges against the students. 

“The students were wrong to prevent a speaker invited to the campus from speaking and being heard,” the letter states.  “And the Muslim Student Union acted inappropriately in coordinating this and in misrepresenting its involvement to University officials.  But the individual students and the Muslim Student Union were disciplined for this conduct by the University, including the MSU being suspended from being a student organization for a quarter.  This is sufficient punishment.”

The MSU was reinstated on campus last month after a four-month suspension following a university investigation that found the Muslim council had violated campus codes of conduct for planning and coordinating the disruption.  UCI also placed the group on two years’ probation and has ordered members to perform 100 hours of community service.

The letter also states that use of the criminal justice system would be divisive and would risk undoing the healing process that has occurred on campus since the event took place.  The Israeli-Palestinian conflict has sparked critical and often hostile debate at UCI and has caused tense relations between Muslim and Jewish students.

“These events were very traumatic for the campus last year,” said Jon Wiener, a professor of history who signed the letter.  “There was a lot of debate among faculty, students and between faculty and the administration about what kind of punishment should there be, was it too much, was it not enough.  The suspension of the MSU has ended and they’ve returned to normal campus life this quarter and it’s very important to us that we have a community building process.  We thought that was well underway and then the DA has sort of given us potentially a big setback by disrupting this process and throwing us back to the debate over how much punishment is the right amount of punishment.”

[UPDATE: Also a signatory on the petition, UCI School of Law Founding Dean Erwin Chemerinksy questioned the wisdom of the district attorney’s prosecutorial discretion in this case.
“Criminal prosecution is unnecessary and undesirable.  It sets a dangerous precedent for the unnecessary use of criminal prosecution against student demonstrators,” Chemerinsky said.

On Feb. 9, Oakland-based Jewish Voice for Peace, whose website says it works to achieve a lasting peace that recognizes the rights of both Israelis and Palestinians for security and self-determination and that supports the boycott, divest and sanction movement against Israel,  delivered a petition with more than 5,000 signatures denouncing the charges.  The group said members had similarly interrupted a speech by Prime Minister Benjamin Netanyahu at the Jewish Federations General Assembly in November without being arrested or criminally charged. 

“The targeting of a group of Muslim American students, who were already sanctioned and whose organization was already suspended by their university as punishment, is unacceptable and will only strengthen Islamophobia and attempts to stifle political speech in this country,” Jewish Voice for Peace said in a statement.]

Susan Kang Schroeder, chief of staff for the Orange County District Attorney, said her office would not be swayed by public opinion or special interest groups.

“The law against the disruption of a meeting has been on books for 100 years and was litigated at the California Supreme Court and it is constitutional,” Schroeder said.  “We’re sworn to uphold and defend the Constitution. You don’t have a First Amendment right to shut down other people’s right to speak and other people’s right to hear.” 

Arraignment of the 11 defendants is scheduled for March 11 in Santa Ana.

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Those who are guest in America must uphold American values and laws at all times when and if they do not then they must deal with the outcome of their actions (or ignorance)

American is what it is based on the laws of this great nation I will not support or defend anyone who violates those laws nor should anyone else.

This is the best way to teach respect for laws and customes in America.  We are society that everyone must follow.

Comment by Red.H on 2/09/11 at 7:01 pm

The history and acceptance of anti Semitism at UCI is better understood by the outpouring of support for these racist. I wonder how many of those professors are Jewish and are more interested in supporting the rights of Jew haters; whose history of confrontation and incitement takes precedent over the security of Jewish kids?

Comment by LA on 2/09/11 at 7:08 pm

serious over reaction by tony ridiculous and the two first comments.

Comment by pdb on 2/09/11 at 7:16 pm

Congratulations to the DA’s office. Its actions are a welcome relief from the barrage of hypocrisy of purported free-speech anti-Zionists. I wish I could vote in Orange County. I hope they investigate the Muslim Student Union’s sources of support and associations, and get the troublemakers deported to a country that is less upsetting to them.

Comment by Ben Plonie on 2/09/11 at 9:08 pm

Kick these animals out of University. They’re nasty.

Comment by agarron on 2/09/11 at 9:11 pm

How will prosecution be divisive, and so what if it is? What healing? My kid will have to endure the MSU’s annual May hate fest. There are many instances of bad acts by MSU since the punishment, including the veiled threat of violence made by protesters if the indictment issued. They seek to align themselves with those like the “Chicago 7,” who defended their positions in court; it’s time for these students to learn about rights, lawful conduct, consequences, and maybe learn some manners and compassion. When my child doesn’t need to walk by desecrated images of Anne Frank, the Israeli flag, and MSU speakers suggesting she belongs in a ghetto, then the “normal” will be worthy.

Comment by Jodi M. on 2/09/11 at 9:53 pm

The real healing will come when the lawbreakers are sentenced and their neurotic faculty supporters are censured.

Comment by Ben Plonie on 2/09/11 at 10:08 pm

Throw the book at them!

Comment by Jake on 2/09/11 at 10:13 pm

Conspiracy to disturb a meeting? Is that a law created by the Three Stooges or something? So what, the students protested. That is a right in the USA the last time I checked. When we take away that right we might as well become the new USSR.

Comment by Ted on 2/09/11 at 10:40 pm

Try these students right after Israel is tried in international court for its human rights abuses in the occupied territories. Oh wait, the US blocks that from happening! I guess the only thing left would be to protest. Oh wait, that is being stopped by the US too.

Comment by Matt on 2/09/11 at 10:45 pm

The Israeli baby killer was allowed to finish his speech so why is this DA clown wasting our taxpayer dollars to punish these students who have already been disciplined by the University??? What a sick hypocritical joke!

Comment by Unyun Ringez on 2/09/11 at 11:14 pm

Re. comments on the law - just because a crime was committed on a campus doesn’t insulate students from prosecution; the right to protest isn’t unfettered—study the First Amendment before spuriously opining as to its meaning - you can’t shout “fire” in a crowded theater, and there’s no 1st Am right to stop another’s speech.

Comment by Jodi M. on 2/09/11 at 11:36 pm

Only 100; common Irvine, you know several more hundred are Jew hating antiwestern pro palestinian terrorist supporting antisemites.  Must have decided to keep a low profile.

Comment by george on 2/10/11 at 12:19 am

It is distressing to see the vitriol on both sides of this issue.
As an alumnus of UCI and a lawyer, it is clear that both the vicious anti-Zionists and antisemites on the one hand; and those those on the other side who believe that anyone who disagrees with them are wrong. 
The fact that the University imposed some sanctions on the wrongdoers in no way means or should mean that the government authorities’ responsibility to pursue justice is unnecessary.  The law’s reach does not end at Campus Drive. 
It is appropriate that the DA is seeking only misdemeanor judgments.
The perpetrators will, I hope, get the punishments that they deserve.

Comment by Norm on 2/10/11 at 12:49 am

Hey Unyan, if anybody knows about killing babies its arabs.

Comment by Bill Pearlman on 2/10/11 at 2:43 am

These comments are disgusting. The dialog that happens at UCI is downright civil compared to this screaming fest.

Let’s tone it down a notch, folks.

And the DA is going off the book here. It has never prosecuted for disrupting a speech at UCI (which happens quite frequenly - see IMF Chief Economist)

Comment by Zach on 2/10/11 at 11:54 am

I can understand someone being anti-economist, but it doesn’t sound as dangerous and offensive as being anti-Semitic or anti-Zionist. Using the Live/Die Test, how many Jews and Israelis have died from undifferentiated hatred compared to economists? Just the picture on top of this post shows the kinds of thugs those protesters were.

Comment by Ben Plonie on 2/10/11 at 3:30 pm

I agree Zach. It’s amazing how many people here are crying anti-Semitic prejudice and following that up with broad prejudice statements about UCI staff, faculty, students, citizens of Irvine and other people making comments.

Comment by PDB on 2/10/11 at 3:51 pm

PDB
A right to assembly free of government is pretty meaningless if assemblies are not free from mob disruption and attack. You can obviously make any comments you want if you don’t mind making a fool of yourself.

Comment by Ben Plonie on 2/10/11 at 5:03 pm

More on the touted return to normalcy and community building underway: tonight, the MSU once again hosted Amir Abdel Malik Ali, as part of their Islam Awareness Month program. Mr. Ali, whose many appearances can be found on YouTube, has suggested in part that “Zionist Jews” control the media, Jews were responsible for 9/11, and compared Jews to…wait for it…Nazis. So, it is back to normal for the MSU. An untenable normal. The prosecution isn’t a persecution, and I’m not inclined to pre-judge guilt or innocence. But normal being disturbed? I hope so.

Comment by Jodi M. on 2/10/11 at 8:40 pm

As an alumni of UC Irvine and someone who is on the campus almost daily, I have my own opinions. 

It seems many students are not familiar with the limits and principles of free speech.  I keep reading comments that the students peacefully protested and there was no property damage so no harm was done. Thus, it is unreasonable to punish the students.  They do not understand that systematically with premeditation planning to disrupt a lecture by repeatedly yelling over/at a speaker giving a lecture to a large group in a lecture hall at a university is not protected free speech.

Comment by Todd on 2/11/11 at 10:20 am

One of the problems I have with the petition by the UC Irvine faculty is the university has not made public (at least not that I am aware) of what sort of discipline it levied on the students.  It is hard to determine if it was a sufficient deterrent to prevent other groups of students from carrying out similiar forms of tyranny in the future.

Comment by Todd on 2/11/11 at 10:42 am

There are really two issues for me. 

(1) Did the students carry out a legitimate form of protest?  I would say no. 

(2)What is a just punishment? 

I do not think the students deserve time in prison but there should be some consequence to their actions to prevent other students or groups from using these tactics at future lectures at the university. 

Something like community service and a maybe require the students to study up on the First Amendment seem like a just resolution.

Comment by Todd on 2/11/11 at 11:12 am

The MSU at UCI is a continuing problem-using threats and other forms of intimidation. UCI Admin & faculty wont control them because of their support from various Muslim organizations. Jewish organizations have been deficient in supporting Jewish students who are marginalized and threatened.
Jewish Voice for Peace claims that they too disrupted the meeting( Prime Minister Benjamin Netanyahu at the Jewish Federations General Assembly in November) without being arrested or criminally charged. 
They too should be prosecuted. And since they confessed, prosecution should be simple. Yes equal justice for all thugs that deny others the ability to speak!

Comment by LT COL HOWARD on 2/13/11 at 1:56 am

As always, let an American go in any Muslim University, or country at all, and speak just one word against them or whoever they represent and see if they make it home alive let alone just being charged with a mild charge.

Comment by Craig Zinkoski on 2/14/11 at 3:54 pm

I think the proper punishment for this kind of behavior is a service to the Jewish community, or a written paper about the history of the Jewish state and its contribution to humanity.

Comment by Iris Harris on 2/14/11 at 11:51 pm

disorganized idiots that rightfully were punished for stupididy. does anyone know where they will be performing community service?  i would like to visit them and peacefully demonstrate in such a way that would make them proud.

Comment by steve on 2/25/11 at 3:32 pm

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