Why academic freedom and freedom of speech are not the same thing

It seems every week there is a news story of another academic, a group of students or a vice chancellor detailing threats to academic freedom. Heartbreakingly this has become an even more common occurrence since the Hamas pogrom in Israel on 7 October and the subsequent war in Gaza.

Only this week the UKRI, a UK government body which distributes research funding, has suspended its diversity advisory panel, after a leading member of the British Government publicly criticised members of the panel for their social media comments regarding Hamas and Israel. This led to the resignation of several academics from posts at the UKRI.

And at Cornell University in the US, a student is currently facing charges for threatening to kill Jewish students via a range of graphic social media posts, resulting in his persecution and enhanced security measures now in place for Jewish staff and members on campus.

These are two of the more extreme examples of the impact of the current crisis on academic institutions.

And as angry as they make me, as heartbroken as I am about current events, I have to consider them through the prism of my job – defending freedom of expression.

Freedom of expression is a very broad concept and there are as many definitions as there are forms of expression. But taking the two examples above at hand, academic freedom and freedom of speech are different things. What people debate and discuss in the lecture hall, in a seminar room or on the pages of an academic tome must always be protected. But academics are not afforded special protections outside of the confines of their intellectual endeavours. That’s not a matter of academic freedom, it’s one of freedom of expression and should be considered separately.

At the same time, the events in Cornell equate to hate speech and are not and should not be protected. Hate speech and incitement are against the law and should be dealt with accordingly. And every community, every student should have the right to feel safe on campus – not in fear of their lives. No one should be scared of walking onto their university campus whatever is happening in a war thousands of miles away.

This is all at a time when university campuses are increasingly considered to be the frontline in the ongoing battle to protect free speech.

Earlier this year, the UK saw the passage of The Higher Education (Freedom of Speech) Act.

In the current context, this seems to have muddied the waters between academic freedom and freedom of speech on campus. The new law places an onus on universities, colleges and Students’ Unions to not only protect free speech but to actively promote it. But what does this mean when applied to the views of students and academics who are promoting views outside of their academic specialisms?

The very name of the Act it suggests that those on campus have complete freedom of speech without limitation. They do not; no one does. But as academics they must have complete freedom to teach and challenge without fear or favour (within the confines of the law).

Universities are meant to be seats of academic exploration, cathedrals of learning. They provide a forum for discussion and debate in which new ideas and minority opinions can be considered. The purpose is to expose students to the breadth of views and ideas that exist in their particular discipline and ideally challenge their worldview – allowing them to argue back. On campus, in the classroom – not on a social media platform.

It is always difficult to know what impact these debates and issues are having on campus. How safe academics feel to push the boundaries of their areas of specialism and how secure students feel to question and debate on campus – to ask the unpalatable question, to challenge the status quo. But in the midst of the current gloom and misery I am choosing to take a little bit of hope from a recently published survey.

The National Student Survey from the Office of Students would suggest that this endemic attack on free speech is not as pervasive as we sometimes believe it to be. They asked students from colleges and universities in England how free they felt to express their “ideas, opinions, and beliefs” and 86% said that they felt “free” or “very free”. Only 3% of the 300,000 respondents said that they felt they were ‘not free at all.”

On the face of it, this is good news. We should welcome the fact that an overwhelming number of students feel free to speak their mind and share their opinions. Self censorship is a real problem but not one, it seems, that plagues the majority of today’s students.

But we must ask the 3% why they don’t feel free at all to express themselves on campus. is it threats from external forces like the Chinese Communist Party, is it because of their identity or faith, or is it because they themselves hold minority opinions and are fearful of being challenged. Whatever the reason, 9,000 students who participated in this survey feel silenced. We need to know why and we need to find a way to support them.

In the interim I’m going to focus on the positive and celebrate the fact that we start from a position of academic freedom and that the overwhelming majority of students know that they can express themselves on campus without fear or favour.

 

The stakes are high for free expression in Israel-Hamas conflict

Following the brutal attacks on Israel by Hamas on 7 October, violations of free speech have occurred at such pace and scale that it has made keeping track a challenge. The situation was already difficult before that date: Israel was in the grip of a huge crisis, the country stalled by endless protests in response to the government’s attempts to neuter the Supreme Court, while Amnesty International identified “a general climate of repression” in Gaza Strip under Hamas. Since the war started, the right to freedom of expression has gone from bad to worse in both Israel and Palestine, and indeed around the world. Whilst a degree of deterioration was predictable – conflict is never the arena in which rights improve – the current state could hardly be foreseen.

Starting with media freedom, on 7 October itself, of the 1,400 people who were murdered by Hamas several were Israeli reporters on duty. Following the massacre, Israel’s response has resulted in the death of at least 5,000 (according to the latest UN figures from 23 October), again including a number of journalists. Although none of the journalists from either side of the divide were killed for what they had written, they lost their lives though their line of work, making the media landscape all the poorer.

Others have, however, been punished for their work. Journalists from outlets including the BBC, Al-Jazeera, RT Arabic and Al-Araby TV have all reported obstructions to their reporting by the Israeli military, police and others since the conflict began. On 12 October, a team of BBC Arabic reporters were dragged from their vehicle, searched and held at gunpoint by police in the Israeli city of Tel Aviv, despite their vehicle being marked “TV” and the presentation of press cards, the BBC reported. On 26 October, Lama Khater, a freelance writer with Middle East Monitor and a political activist, was arrested by the IDF in the city of Hebron, West Bank, her husband Hazem Fakhoury told CPJ. Confrontational attacks have been coupled with subtle ones: On 9 October, for example, The Jerusalem Post reported that its website was down following a series of cyberattacks. The group Anonymous Sudan claimed responsibility for the attacks, reported Axios and Time magazine.

Media freedom could deteriorate further. On 16 October, Israel proposed new emergency regulations that would allow it to block broadcasts that harm “national morale”. Officials threatened to close Al-Jazeera’s local offices under the proposed rule and to stop the global news organisation from freely reporting on the war.

With the situation on the ground increasingly difficult and with limited media from Gaza itself, the internet more broadly, and social media specifically, is a lifeline. And yet getting information within and out of Gaza has become increasingly difficult. Internet services have been disrupted by the attacks, while Palestinians and their supporters allege that social media platforms, in particular Instagram, are “shadow-banning” their content. Instagram’s owner, Meta, has denied this, but they have admitted that they inserted the word “terrorist” automatically into translated bios of Palestinian users, something they apologised for on 19 October.

Social media giant X, which has had a tumultuous ride under owner Elon Musk over the last year to say the least, has also been flooded with misinformation, as we reported on 18 October. Images have been adopted from other conflicts, fake accounts created in a smorgasbord of lies intended to sow confusion, division and hate. At a time when it could be providing an essential role in the spread of crucial information, trust is low.

As those within Israel and Palestine struggle to access reliable news, international media outlets find themselves in the middle of claims of irresponsible reporting, such as jumping too fast to conclusions over who was behind the explosion at the Al-Ahli hospital, and accusations of bias. The latter can sometimes be unhelpful noise. To instantly shout “censorship” can be erroneous. There are a host of reasons why newspapers and broadcasters might run a story or interview a person (some being mundane, merely down to the availability of one person over another). Impartiality is not a prerequisite for outlets that are not funded by taxpayers. Nor does objectivity equate to equal weight for views. Still, with a conflict as complicated as that between Israel and Palestine, as longstanding, as heated and as volatile, a plurality of views and careful attention to how information is both interrogated and reported is crucial. It’s not clear that every outlet has adhered to these fundamental principles.

As for the actual red pen, one example of direct censorship came from Yale University’s campus newspaper, the Yale Daily News, which censored a pro-Israel opinion piece by removing references to Hamas atrocities. We suspect there are others. Alas the nature of censorship and self-censorship means we don’t always know about them.

Has criticising Israel become a punishable offence for the average person? A “McCarthyite backlash” against criticism of the country’s bombardment of Gaza has been claimed by civil rights groups in the USA, as people are fired, threatened with dismissal or blacklisted from future jobs, according to the Guardian. Take one example: Michael Eisen, editor of the scientific journal eLife, was forced out of his job after reposting an article from satirical magazine the Onion with the headline: “Dying Gazans Criticized for Not Using Last Words to Condemn Hamas”. In Germany, the journalist Michael Scott Moore noted that “the tendency in Berlin right now is to squelch as much criticism of Israel as possible”, citing the arrest of a Jewish Israeli protesting the war amongst others. In the UK, home secretary Suella Braverman suggested that waving Palestinian flags and using popular pro-Palestine slogans could be illegal and a ministerial aide was sacked from his government role following his letter to the prime minister calling for a ceasefire. In Switzerland, all demonstrations related to the conflict were banned in Zurich. In Australia, New South Wales authorities vowed to stop marches from proceeding. And in Israel, in one of the more unpleasant twists, the parents of hostages, who were protesting in Tel Aviv, were spat at and abused by supporters of current leader Benjamin Netanyahu. This in addition to police saying they’ve investigated and detained more than 100 people for their social media activity and, as we reported last week, activists being arrested in Jerusalem for putting up posters with the message: “Jews and Arabs, we will get through this together.”

Staying with Israel, human rights activists worry the detentions are due to the police adopting a wider interpretation than normal of what constitutes incitement to violence. A well-known singer and influencer, Dalal Abu Amneh, was held in police custody for two days. According to Abeer Baker, her lawyer, she was accused of “disruptive behaviour” by police officers, who said her posts could incite violence, in particular one featuring an image of the Palestinian flag with the Arabic motto: “There is no victor but God.” Baker said Abu Amneh was expressing a religious sentiment, while Israeli authorities interpreted the singer’s post as a call to arms for Palestinians. This example highlights a tension right now, the question of what defines hate speech and how we balance the rights for people to protest (be it online, in the streets or through petitions) versus the rights for people to live free from fear and persecution. Some of the banners and comments made at protests have been vile. They are clearly, irrefutably hate speech and given recent events – an Orthodox Jewish man assaulted in London, a mob storming Dagestan’s airport looking for people arriving from Israel, cemeteries and synagogues set alight in Tunisia and Austria, to name just a few – one could argue incitement. Still, it is clear that there has been huge overreach. Many who have been punished for what they’ve said have been peaceful, with views that – even if you disagree with them or find them uncomfortable – should be protected.

The above is far from an exhaustive list. It could go on and on. Consider Adania Shabli, the Palestinian writer whose event at Frankfurt Book Fair was called off. Consider the Pulitzer Prize-winning novelist Viet Thanh Nguyen, whose appearance at 92NY, one of New York City’s leading cultural organisations, was pulled on the back of his criticism of Israel. Yet even this incomplete tally paints a grim picture. Free speech can be difficult and no more so than with Israel-Palestine, a conflict which is and always has been so deeply emotive and tribal. The knee-jerk response at present seems to be to silence. This is no solution. As George Orwell famously said, “If liberty means anything at all, it means the right to tell people what they do not want to hear.” This applies as much to those in Israel as it does to those in Gaza and to all of us outside. There have already been enough victims and casualties – let’s ensure free speech is not another.

Standing together for peace in the Middle East

Peace in the Israel-Palestine conflict may seem like a distant dream, but even now there are those on the ground working to build understanding between the two peoples. The Alliance for Middle East Peace (ALLMEP) is an umbrella organisation which helps bring together more than 170 groups across the region seeking dialogue and mutual understanding. ALLMEP this week helped organise a seminar, The Gaza War in Israel to amplify these voices. One of the largest grassroots Israeli-Palestinian groups is Standing Together which, according to its mission statement, mobilises Jewish and Palestinian citizens of Israel in pursuit of peace, equality and social and climate justice. Two of the speakers at the seminar, Sally Abed and Uri Weltmann, represented the organisation, whose members have been arrested in Jerusalem for putting up posters with the message: “Jews and Arabs, we will get through this together.” Weltmann warned of an increasingly authoritarian atmosphere in Israel following the 7 October atrocities. He pointed to comments by Israel’s police commissioner, Kobi Shabtai. who said: “Anyone who wants to sympathize with Gaza is welcome to get on a bus and go there.”

Index attended the seminar and has been given permission to print edited versions of one-minute monologues given by some of the expert panel members.

 

Sally Abed is a Palestinian leader of Standing Together (Omdim be’Yachad/ Naqef Ma’an), the largest Jewish-Arab grassroots movement in Israel. She is running for city council in Haifa as head of a Jewish-Arab list. She was recently profiled in a New York Times article about Israel’s peace movement in the shadow of war.

The first thing I want to say is to hold the people of Gaza in your prayers. It’s just heart-wrenching to see [what is happening] and to feel so hopeless and so helpless, and to not be able do something about it. Especially here from Israel as a Palestinian. I do want to say that I think a message for me as a Palestinian that is very important for me to portray to everyone in the world [is] there are Palestinians in Israel who are going through the experience and the humanitarian loss and the catastrophe that the Israeli public has gone through.

Our cause for Palestinian liberation is a very just cause. However, we cannot justify the extreme measures that Hamas has took to advance this cause and I think one of the most important things that we need to hold [onto] right now as a Palestinian liberation movement, and as Palestinians, is our rights, all of us as civilians, for life – to live securely. I really want to hold that very, very tight.

Listen to us, listen to the people on the ground here in Israel. We are often overlooked. We are seeing amazing cases of radical empathy of victims, Israeli victims who have lost dear ones, and who have people in captivity right now and who are still calling for a ceasefire, who are still calling for ending the occupation, who are still calling for peace. We need to join these people and we need to really hold our humanity together as people and isolate our leaderships at the moment.

 

Uri Weltmann is the national field organiser for Standing Together (Omdim be’Yachad/ Naqef Ma’an), and a member of its national leadership. He lives in Tel Aviv-Yafo.

Since 2005 there have been 16 major military operations carried out by the Israeli government against the population of the Gaza Strip. None of these military actions brought safety and security to Israelis. All of these military actions only wreaked havoc on the civic population in Gaza, causing many innocent lives [to be lost] including children, and each one of them merely planted the seed for the next major military operation. I fear we are going in the same direction. I fear our government is pushing us into yet another round of violent bloodletting, yet another round of taking a terrible toll of human life of Palestinians in Gaza, and yet another round of undermining the safety and security of us, the people who live in Israel. We need to go about it in an entirely different direction. We need to go for an Israeli-Palestinian peace based on UN resolutions. We need to go in the direction of ending the siege and ending the occupation, and securing the independence, freedom and justice of both peoples. This is what Standing Together is doing, and we are doing this not on the West Coast or the East Coast [of the USA], or Europe. We are doing this inside Israeli society, organising Jewish and Palestinian citizens of Israel, which we think is the only way for us as an Israeli peace movement to go about it.

 

 

X marks the spot where Israel-Hamas disinformation wars are being fought

The tragedies unfolding in Israel and Gaza are putting the social media platform X to the test – a test that X keeps failing. X, formerly known as Twitter, has elevated disinformation alongside fact-based reports on the conflict that range from graphic images created through AI, video game footage, and a plethora of recycled clips from Syria’s decade-long conflict.

Yet X’s disinformation overload should have been expected. Since Elon Musk’s acquisition of the platform, it has undergone a series of algorithmic and “aesthetic” changes that upended the credibility of the content. Instead of boosting posts from experts and on-the-ground reporting, X’s algorithm promotes Twitter Blue subscriptions, accounts which pay for a verification checkmark. This “pay to play” method has served to boost accounts of bots and propagandists, and has enabled disinformation to go viral in a short amount of time.

Musk’s favourite sycophants are being rewarded for their click-baiting methods amid the violence in Israel and on the Gaza Strip. Mario Nawfal – an obscure businessman who gained a following on X from his endorsements by Musk – posted a 2020 YouTube video showing Turkish missiles fired in northern Syria. Nawfal misstated: “Salvo of rockets fired by Hamas from the Gaza Strip towards Israel” alongside the video.

His message was tagged with a “community note” – an X fact-check system implemented through crowd-sourcing. But the post remained up, highly visible because of X’s algorithm. As of this writing, the post had more than two million views.

Musk’s own attention-seeking posts amid the violence demonstrate that. “All Tesla superchargers in Israel are free,” Musk posted. But his gesture was not all about altruism. There was a caveat. The post was restricted to replies from paid subscribers only.

Of greater concern is the platform’s role and influence in spreading distortion and disinformation. Musk bought Twitter for his own ideological reasons, and has viewed himself at war with “woke” values, which he argues erodes the foundations of democracy. Through his own personal crusades he has aligned himself with far-right ideologues and authoritarian leaders. And in turn he has garnered their loyalty.

Musk has made other changes on X that also have had a profound impact on how facts are represented. Earlier this month, X removed media-composed headlines from news articles. Musk argued the change was to “greatly improve the aesthetics” of the platform. But now users are shown images without context, allowing for bots, propagandists and even meme accounts to fill in the blanks with unsubstantiated claims. The result has created an alternative reality where conspiracies reign over fact.

As Twitter, the platform was a digital democratiser that gave voice to ordinary citizens beyond the confines of traditional media. In times of political upheaval or natural disaster, Twitter had a reputation for delivering on-the-ground reporting and firsthand accounts in real time.

Now it is Musk’s personal megaphone promoting his political views and business interests.

X’s representation of the events in Israel and Gaza reveal that the platform’s strengths for truth-telling are eroded and all but gone. Will we heed the warnings by Twitter’s demise or even realise the impact X now has on how we see the world?