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In the name of national security , the federal government has responded to the events of 9/11/01 in ways that have chilled intellectual inquiry and academic scholarship.

On October 26,2001, President George Bush signed the U.S.A. Patriot Act into law.  Subsequently, the FBI, INS and Department of Homeland Security subjected international students to intense monitoring and sharply limited their movements.  Federal depository libraries removed print and electronic materials, law enforcement officials ordered librarians and booksellers to turn over the records of patrons, the Bush administration severely curtailed the Freedom of Information Act and government agencies exercised vast new powers that give them entree without probable cause or reasonable suspicion to personal, medical, and financial records.  Such powers endanger the civil liberties and first amendment rights of all Americans in general and compromise intellectual debate, university research and academic freedom in particular.

In response, the PSC has passed resolutions, created a new academic freedom committee and encouraged other union committees, where it is appropriate to their work, to address these assaults on civil liberties and intellectual inquiry.

 

 

ACADEMIC
FREEDOM
 Resolutions

 



the web   psc-cuny.org

PSC Academic Freedom Pages:
 OVERVIEW | RESOLUTIONS | LINKS |
RESOURCES | CALENDAR |
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 Below are links to relevant resolutions by the
PSC and other academic and labor organizations.
 

PSC Delegate Assembly Resolutions:

(Click headings in bold text to go to the particular resolution.  Resolutions are listed in reverse chronological order. )

University Faculty Senate Resolution:

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Resolution on BOYCOTT OF ISRAELI UNIVERSITIES

June 21, 2007

Whereas, on May 30, 2007, the University and College Union (UCU), which represents 120,000 college teachers in the United Kingdom, passed “Resolution 30: Boycott of Israeli academic institutions,” responding to a call from Palestinian trade unions to boycott all Israeli academic institutions and calling on the leadership of the UCU to “circulate the full text of the Palestinian boycott call to all branches . . . [and to] encourage members to consider the moral implications of existing and proposed links with Israeli academic institutions” as part of a resolution that “condemns the complicity of Israeli academia in the occupation”; and

Whereas, the national affiliates of the Professional Staff Congress/CUNY—the American Federation of Teachers (AFT) and the American Association of University Professors (AAUP)—have both issued statements opposing the planned UCU boycott; and

Whereas, the question of a boycott of Israeli academic institutions is of such importance to our membership and to the larger public whom our members serve that the PSC should not remain silent on the issue, even when our national affiliates have spoken; and

Whereas, among PSC members there is a spectrum of deeply-held and sometimes conflicting positions on the issue of Israel’s expansion into the post-1967 territories and of the role of the United States in supporting Israel’s foreign policy; and

Whereas, the timing of the UCU resolution and the urgency of responding does not allow the PSC to engage in the kind of broad-based, CUNY-wide discussion such a complex issue deserves—the kind that preceded and enabled the Delegate Assembly vote in 2003 on the US expansion of war into Iraq; and

Whereas, the PSC categorically opposes anti-Semitism, as it opposes all forms of racial, religious, ethnic, gender and other oppression; and   

Whereas, the PSC vigorously supports academic freedom and defends the free and open exchange of ideas among scholars—the lifeblood of academic work; and  

Whereas, the PSC recognizes the essential role of communication and collaboration among scholars in fostering both knowledge and justice, especially where political differences exist; and

Whereas, although boycotts have been employed historically to create political change by both the labor movement and some of the most profound movements for freedom and civil rights, a boycott of academic institutions impinges on precisely the free exchange of ideas that is essential for economic and social justice; and

Whereas, given the PSC’s deep adherence to the principle of academic freedom and to the value of scholarly communication, the union cannot consider supporting or remaining neutral on the issue of an academic boycott in the absence of overwhelming evidence that such a position is the will of our membership; therefore be it   

Resolved, that the Professional Staff Congress/CUNY call on the members of the UCU, who will have a year to consider the proposed boycott, to reject the proposal; and that the PSC communicate this position to our members and affiliates.

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Resolution in support of Res. No. 909, currently before the NYC Council and calling upon federal, state, and local officials, and New York City agencies and institutions, to affirm and uphold civil rights and civil liberties

June 19, 2003

 

Whereas, the USA PATRIOT Act of 2001, Public Law 107-56, was passed just 45 days after the tragic events of September 11, 2001, without due deliberation and consideration; and 

Whereas, the original intent to meet demands for urgent action in the face of national emergency has resulted in the significant erosion of constitutional rights in the United States, including the rights to freedom of speech, due process and equal protection; and 

Whereas, the Act and related executive orders, regulations and actions permit incarceration of non-citizens based upon mere suspicion, and allow for the indefinite detention of citizens without charges and without access to counsel; and 

Whereas, since September 11, 2001, thousands of Arab, Muslim and South Asian men and students have been interrogated, fingerprinted, and detained based solely or primarily on their religion or ethnicity; and 

Whereas, the USA PATRIOT Act granted law enforcement and intelligence agencies vast new powers to access personal, medical, library and financial records without having to show probable cause or reasonable suspicion; and 

Whereas, new FBI guidelines provide the federal government with substantial new powers to engage in surveillance of activities protected by the First Amendment, including the power to spy on political meetings, religious gatherings, internet “chat” rooms, and other public meetings without suspicion of any past, present or future criminal activity; and 

Whereas, the federal government has drafted new legislation entitled the Domestic Security Enhancement Act (also known as PATRIOT II), which contains sweeping new law enforcement and intelligence gathering powers, many of which are not related to terrorism, that would further compromise constitutional rights, and further undermine our government’s unique system of checks and balances; and  

Whereas, over 120 communities throughout the country, in addition to three states, have enacted resolutions that reaffirm support for civil rights and civil liberties and that demand accountability form law enforcement agencies regarding the exercise of the extraordinary new powers referred to herein; and  

Whereas, PSC/CUNY is committed to protecting and ensuring the civil rights and civil liberties of all residents of the United States of America; therefore be it  

Resolved that PSC/CUNY oppose the USA Patriot Act and call for the NYC Council to pass Res. No. 909, which calls upon federal, state and local officials, and upon New York City agencies and institutions, to affirm and uphold civil rights and civil liberties.

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RESOLUTION OPPOSING EXPANSION OF US
MILITARY CAMPAIGNS IN A PERMANENT
AND UNCONDITIONAL "WAR ON TERROR"

May 30, 2002

Whereas, we write as New Yorkers, as unionists and as people who have dedicated their professional lives to open discussion of complex questions; and 

Whereas, our location in New York means that we have felt and continue to feel the effects-ranging from minor dislocations to profound grief-of the murderous attacks of September 11th , and that we take seriously the danger of future attacks; and 

Whereas, the members of the Professional Staff Congress were among the many people who responded magnificently to the catastrophe and who suffered terrible loss that day: eight of our members died in the attack, as did numerous family members and friends, at least 30 of our students and 161 alumni of the City University of New York; and 

Whereas, President Bush, in his January 29, 2002 State of the Union address stated that "our war on terror is well begun, but it is only begun," and Vice President Dick Cheney has said it is possible that the war might be expanded to "forty or fifty other countries," possibly lasting "fifty years or more"; and 

Whereas, President Bush, speaking in Germany on May 23, 2002, called the Iraqi leader Saddam Hussein "a threat to all civilization" and appealed to German legislators for help "in waging a wider war on terrorism," (The New York Times, 5/23/02); and 

Whereas, with military spending already accounting for nearly one-fifth of the total federal budget and over half of all Congressional discretionary spending, President Bush's proposed military budget of $396 billion, coupled with current tax policy, will create austerity for working people and disinvestment in education, health care, environmental safety and other human needs; and 

Whereas, the Bush Administration has sharply limited civil liberties and access to information since September 11th: Freedom of Information Act policies have been revised to restrict access for journalists, scholars and others; Congress passed the USA-PATRIOT Act, which permits breakage and entry without court orders, expansion of wiretaps, imprisonment of suspected terrorists without trial, and secret military tribunals; and 

Whereas, public discussion in the United States of the way to create domestic security has been narrowly focused on war, neglecting issues that contribute to domestic insecurity such as US foreign policy, the consequences of globalization, inequities in the distribution of wealth, and others; and 

Whereas, modern weapons mean that heavy loss of civilian life is now an intrinsic part of war, not an accidental consequence: according to the United Nations Conference on Children, 90% of war casualties are now civilian, as opposed to 5% during World War I; and 

Whereas, we as a union have engaged in a two-month period of discussion on the position the PSC should take on the current military policy of the US government, using chapter meetings, the Delegate Assembly, chapter newsletters, the union newspaper and the website to conduct a vigorous and democratic debate; and 

Whereas, members expressed many different points of view in the discussion, but consistently raised three themes: condemnation of the terrorist attacks, concern about security and the domestic consequences of war, and opposition to expansion of war; therefore 

Be It Resolved,  that the Professional Staff Congress reaffirm the resolutions it passed unanimously on September 20, 2001, which condemned the terrorist attacks of September 11th , extended sympathy to those grieving for people they loved, and offered solidarity with fellow workers in a time of mourning; and 

Be It Further Resolved, that the Professional Staff Congress oppose the unconditional expansion of military campaigns by the United States as a substitute for a strategy in response to September 11th that would genuinely protect collective security and individual freedom, in a manner consistent with our Constitutional principles; and 

Be It Further Resolved, create real and lasting security that goes beyond war as the only solution, considering such issues as US foreign policy, the consequences of globalization, and inequities in the distribution of wealth; and 

Be It Further Resolved, that the Professional Staff Congress oppose the federal funding priorities that cannot be separated from a commitment to expanded war and permanent militarization: austerity for labor and disinvestment in education, health care, environmental safety and other human needs; and 

Be It Further Resolved, that the Professional Staff Congress oppose the curtailment of civil, human and immigrant rights and of academic freedom for both students and faculty that is also directly related to expansion of war and permanent militarization; and 

Be It Further Resolved, that the Professional Staff Congress continue the union discussion begun this spring on war and related issues at chapter and university-wide meetings during the 2002-03 academic year, for such a discussion will strengthen us as a union, deepening our practice of democracy and participating in the richest tradition of unionism; and 

Be It Further Resolved, that the Professional Staff Congress bring this or a similar resolution to the labor, academic and community groups with which it is affiliated, calling on them to take the lead in proposing an agenda that frees all people from terror and promotes peace through justice.  

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Resolution in Defense of the PSC Leadership’s
Stand on Dissent and Academic Freedom

Presented by Steve Leberstein, Manny Ness and Miriam Thompson, February 28, 2002

Whereas, the leadership has shown strength and resilience in guiding the union’s diverse constituencies’ efforts to influence the mission and course of the public university, and 

Whereas, the leadership has steadfastly championed the right of the CUNY student body and its faculty and staff to academic freedom and uncensored public discourse about major public policy issues, and 

Whereas, the leadership has been attacked for the principled stand in defending our members when they were vilified by the press, the Chancellor, the Board of Trustees and the Mayor for questioning government policy, and 

Whereas, the leadership tried to temper the stance of the University administration at a time when questioning of the government and dissent were imperiled, and to protect the welfare of its students, staff and faculty by so doing; now therefore be it 

Resolved, that the Delegate Assembly express its support for the PSC leadership’s defense of the First Amendment and our members’ and students’ academic freedom.

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Resolution to Reaffirm Support for Academic
Freedom (Expires 2002) Submitted
by PSC-CUNY. Local 2334

December 20, 2001

[NOTE:  This was a resolution passed by the PSC Delegate Assembly  to be submitted for consideration at the 2002 NY State United Teachers (NYSUT) Representative Assembly).]

Whereas, the New York State United Teachers adopted the following resolution in its original form; and 

Whereas, the work of faculty at the City University of New York and State University of New York relies upon a commitment to academic freedom; and 

Whereas, academic freedom has been undermined and challenged in the aftermath of the September 11, 2001 attacks on the United Sates; and 

Whereas, it is essential to scholarship, research and teaching at the university level; therefore be it  

Resolved, that NYSUT reaffirm its belief that higher education in New York State maintain an atmosphere of academic freedom which encourages individuals, in the words of the State University of New York’s motto, “ To Learn  - To Search – To Serve,” by offering forums where issues of diversity are explored in an environment of safety and mutual respect for all participants, and be it further 

Resolved, that NYSUT oppose attempts to subject university activities to political or ideological screening by groups within or without the university community; and be it further  

Resolved, that NYSUT reaffirm its support for the principle that the individual and collective professional judgment of the faculty, in accordance with the principle of academic freedom, is the best guarantor of intellectual quality.

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City University Faculty Senate Resolutions:

Resolution Affirming Academic Freedom: The following resolution was adopted on November 20, 2001 by voice vote with one opposed:

Resolved, that the University Faculty Senate strongly supports the 1981 Board of Trustees statement that "…the University pledges diligently to safeguard the constitutional rights of freedom of expression, freedom of association, and open intellectual inquiry of the faculty, staff, and students of the University," and

Be it further resolved, that in this time of national distress when threats to academic freedom are becoming more prevalent, the University Faculty Senate, along with the Council of Faculty Governance Leaders, affirms the full AAUP Statement of Principles on Academic Freedom and Tenure.*

*available at http://www.aaup.org/publications/Redbook/1940stat.htm

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PSC Academic Freedom Pages:
OVERVIEW | RESOLUTIONS | LINKS |
RESOURCES | CALENDAR |
ACTION ALERTS | Clarion Articles |