‘Free speech cannot be silenced because authorities disagree’ 

October 7, 2024 - 18:12

TEHRAN- In an interview with the Tehran Times, Christina Jump, lead attorney for the Muslim Legal Fund of America (MLFA), shared her insights on the challenges faced by Muslim, Palestinian, and pro-Palestinian students across American universities amid rising tensions following the Israel-Gaza conflict. 

As the key figure behind multiple legal complaints, including ones filed against Harvard University and Brown University, Jump is at the forefront of efforts to protect students from religious discrimination and harassment. 

With a career dedicated to civil rights law, she draws on her personal experiences and professional expertise to defend those impacted by religious and racial bias in the U.S. In this interview, she discusses the legal implications of stifling student protests, highlights ongoing investigations, and reflects on the broader societal challenges faced by Muslim communities in the U.S., particularly in the face of high-profile incidents such as inflammatory rhetoric from political figures.

Following is the full text of the interview:

From a legal perspective, how do you assess the stifling of pro-Palestine protests at American universities? Does the crackdown infringe on students' First Amendment rights to freedom of speech and assembly? 

Protests form the backbone of American culture. From the Boston Tea Party to the Civil Rights protests of the 1950s and 1960s -- including peaceful sit-ins and the Montgomery bus boycotts -- to Black Lives Matter protests and even Kid Rock's right to boycott a brand of beer he doesn't like, peaceful civil protests weave throughout our country's history. The tradition of college students protesting on campuses across the country runs deep as well: they happened in the 1960s during the civil rights movement, in the 1980s during challenges to South Africa's apartheid regime, in the early 2000s during Occupy Wall Street times, and earlier this decade in support of Black Lives Matter.

Campus protests are not new. 
They are not fabricated.
Campus protests reflect our society's changing fabric as a whole, and always have.

Those claiming that college students don't know what they are protesting, or that they are only doing so because they've been told they should, likely haven't sat down to speak to the actual student protestors. And I wish they would. Because these are young adults doing exactly what young adults in America have done for decades, for centuries: speaking their minds, and using their voices for change.

The United States Constitution protects that right. Even many state laws, like in Texas, provide additional protections. Our laws enshrine the right for these students, and others, to do exactly what they've always done. 

The difference we see lately is the gross overreaction by some campus and local officials to squelch these rights under the guise of security, simply because they disagree with the expressed viewpoints. But our laws prohibit exactly that type of viewpoint-based discrimination. 

Can you please share specific examples of the complaints you have filed on behalf of Muslim students facing consequences for their pro-Palestine activism or stances at American universities? What were the circumstances of these cases, and what were the outcomes?  

We filed complaints against Harvard University on behalf of more than a dozen students, including those who are Muslim and those who are allies. The Department of Education opened an investigation into our claims on behalf of these students, and continues to actively investigate the allegations. In the meantime, Harvard's own task force recently found that Harvard has a long history of "intolerance" toward pro-Palestinian viewpoints, and recommended a long list of needed changes. We will continue to follow through on behalf of the students we represent to get resolution of our complaint to the Department of Education's Office of Civil Rights, and to see that the task force's recommendations in fact take place.

We also filed a complaint against Brown University on behalf of multiple students who are Muslim, Arab, Palestinian, pro-Palestinian allies, and those perceived as being in one of those categories. We anticipate the Department of Education will open an investigation in the near future into this complaint as well. 

In addition, we continue to work with students and faculty on multiple campuses to either file additional complaints or advise them in how to safely and legally protest. I am glad to keep you posted of additional developments as they become public. One of the things we value we out the Department of Education's Office of Civil Rights and its process is that it allows the students to retain confidentiality instead of once again being subjected to intense personal scrutiny and retribution as many of them have already endured.

U.S. presidential candidate Donald Trump recently used the term "Palestinian" in a manner widely perceived as a racial slur. How do you think this incident reflects the broader challenges faced by Muslims in the United States? 

Societal protections still require additional changes, without a doubt. Donal Trump's reputation has never been one of equality and his most recent actions echo his earlier actions. He tells people exactly who he is; anyone who didn't believe him in his first campaign saw the Muslim bans come right after his inauguration. 

I believe strongly that most Americans are better than that. Most Americans want to honor our Constitution and the values it represents. 

And the widespread protests, by Muslim, Jewish, and allied protestors alike, show that sentiment can and will turn. 

Until then, we work hard to help those treated unfairly and judged for their religions, and national origin, and race. We will continue that work as long as we see the need.

What personal experiences or observations have inspired you to dedicate your legal expertise to defending the rights of Muslims in the U.S. court system? 

The work we do is not a mystery and it doesn't require a lot of decoding. We simply ask the courts to enforce what U.S. laws already require: equal treatment for all. In my personal view, that represents the purest form of law I've been able to practice. I'm honored to do this work, and honored to represent our clients. They are good people and hard-working Americans with strong family values. They deserve everything our laws promise to all citizens here. 

When I began working here in early 2016, I got mostly encouraging responses from my previous colleagues in the legal profession. Several rightly noted that this is the strongest need right now, just like anti-Japanese and anti-Semitic discrimination and racial discrimination all create needs as well. And I agree. One set of rights doesn't cancel out another, and no group should feel threatened by calls for equality. That's what our laws promise, it's what my personal faith requires, and it's simply what's right. 
 

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