Unveiling the Surprising Student Support for Hamas: The Untold Perspective

Following the mass atrocities committed by Hamas and resulting in the harm of over 1,400 Israelis, it is disheartening that US students who advocate for Palestinian aspirations do not distance themselves from the scenes of depravity associated with an explicitly antisemitic genocidal agenda.

Mark Goldfeder

Several pro-Palestinian organizations on America's most prestigious campuses shocked many by displaying a lack of empathy towards Israel's suffering and instead blamed the victims for the horrifying acts they endured. It is important to note that being pro-Palestinian does not necessarily mean endorsing genocidal terrorism. One example is a coalition of student groups at Harvard University who released a statement placing the entire responsibility for the ongoing violence on the Israeli regime. Although some of these groups and students later retracted their statements, Harvard's case was not the only incident of its kind.

Thankfully, brave individuals in the corporate world have taken a stand. While students may have the freedom to openly express support for murder, hedge fund CEO Bill Ackman pointed out that he and other business leaders have a valid interest in knowing their names to avoid hiring them accidentally. A law student at New York University Law who made a similarly appalling statement had their employment offer revoked by the Winston and Strawn law firm, exercising their own right to do so.

These influential figures are now taking their concerns directly to the highest authorities. In response to the weak and indecisive actions of administrators at Harvard and the University of Pennsylvania, who seemed reluctant to address the massacre or call it an act of terrorism, significant donors have announced their refusal to provide further financial support and are resigning from university boards as a form of protest.

These actions are commendable, however, further steps need to be taken. Donors and individuals invested in campus climate should encourage administrators to hold responsible those student groups whose speech violates constitutional boundaries.

Protesters at Columbia University in New York City, U.S., show their support for the Palestinians during the Gaza conflict on October 12, 2023. (Image: Jeenah Moon/Reuters)

The student protests against Israel are causing significant pain, polarization, and complexity. Students for Justice in Palestine (SJP), one of the leading pro-Palestinian student groups, is especially demanding restraint. Recently, the national organization encouraged students to join in a "National Day of Resistance" last Thursday, and its affiliates are organizing additional events in the near future.

The language and visuals used in SJPs call to action are extremely alarming. On their Instagram account, they posted an image of a paraglider, clearly alluding to the tactics Hamas terrorists have used to infiltrate Israel. The accompanying text declared a supposed victory for the Palestinian resistance and emphasized the importance of armed confrontation with the oppressors for the liberation of Palestine. This message was reiterated in a tool kit provided by the organization, along with an additional line praising the resistance and martyrs.

The existence of anti-Zionist student groups like SJP has often been associated with incidents of antisemitism on college campuses. However, SJP crossed a concerning boundary when they openly encouraged their members to rally in support of a terror group that explicitly seeks the annihilation of Jews worldwide, separate from their goal of eliminating the State of Israel. Jewish students already feel vulnerable to exclusion and marginalization when attending classes or expressing their identity, but now their concerns for physical safety are intensifying.

Universities, it is crucial that you pay attention: Your inaction implies complicity.

Although some university presidents have commendably voiced their concerns, many others must join their ranks. Moreover, they must take stronger measures when students glorify the actions of Hamas, a US-designated foreign terrorist organization, and express support for "armed confrontation."

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The New York Stock Exchange (NYSE) in New York, US, on Friday, Oct. 20, 2023.

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Under Title VI of the Civil Rights Act of 1964, institutions that receive federal funding are obligated to ensure the protection of Jewish students, even from other student groups. According to the US Department of Education's Office for Civil Rights, speech becomes considered harassing conduct when it significantly interferes with or restricts the ability of students to participate in or benefit from university services and activities. This has resulted in many Jewish students, and even some professors, feeling genuine fear when attending classes. In response to concerns over violence, Stanford Law School recently transitioned its classes to Zoom. If Title VI holds any significance, it must safeguard against such hostile environments.

Moreover, private universities possess the authority to discontinue hateful protests without triggering any constitutional complications. Public universities face certain limitations, but under the legal precedent of Tinker v. Des Moines and subsequent court decisions applied to universities, schools can prohibit speech that would materially and substantially disrupt the proper functioning of the institution or infringe upon the rights of others. Schools are not required to wait for trouble to arise; they can proactively prohibit expression if they can reasonably anticipate that it would violate these standards.

Content In the case of Melton v. Young, school officials were able to prohibit the display of a Confederate flag due to the reasonable expectation that it would cause disruption in a racially tense environment. The act of shouting "all of us are Hamas" while advocating for violence in support of Palestinians and endorsing armed confrontation is equally likely to cause disruption. It should be noted that past SJP rallies have resulted in violence, and this trend continued last week.

Furthermore, it is a federal crime to knowingly provide material support or resources to a foreign terrorist organization. As established in Holder v. Humanitarian Law Project, this can even encompass certain forms of speech when carried out under the guidance or coordination of known terrorist groups from other countries.

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SJP provided its chapters with public relations materials for the Day of Resistance events, urging them to actively participate in the movement. It is important for the government to closely monitor the behavior of SJP. Lawmakers are already acknowledging the issue and demanding action.

While SJP and other student groups may support actions deemed inhumane, they must understand that free speech comes with repercussions, as demonstrated by donors and employers. However, accountability should not be limited to them. University and government officials also have a duty to fulfill.

Schools must take swift action to address discriminatory harassment, ensuring the safety and well-being of targeted communities. They should promptly shut down any events that may cause significant disruption or violate the rights of others. Additionally, schools with conduct codes should consider defunding or revoking charters of organizations that openly endorse violence against members of the campus community.