University of South Florida: The ‘Heckler’s Veto’

Case Materials

• "FIRE and Constitutional Rights at the University of South Florida," FIRE Press Release, February 25, 2003: FIRE continues to make available on this website all of its prior communications about the Sami Al-Arian case. FIRE's statements on freedom of speech and academic freedom at the University of South Florida were and remain constitutionally and morally correct. In light of the recent indictment of Al-Arian on charges of terrorism, FIRE issues the following statement.
• "University of South Florida Makes a U-Turn: FIRE and the Case of Sami Al-Arian," FIRE Press Release, August 30, 2002: Vindicating FIRE's position, the University of South Florida (USF) has abandoned its claim that negative reactions to Professor Sami Al-Arian's otherwise protected speech constituted appropriate grounds to fire him. USF now has set forth charges of sanctionable and criminal behavior against the tenured professor of computer science, against which he now must have the opportunity to defend himself in an appropriate and impartial forum. USF now bears a substantial burden of proving the serious charges it has lodged against its faculty member.
• "USF President's Update Regarding Dr. Sami Al-Arian," August 21, 2002
• "Policy Statement by the Foundation for Individual Rights in Education on the Intended Firing of Dr. Sami Al-Arian," February 15, 2002: In response to requests to FIRE for a fuller legal analysis of USF's stated intention to terminate Dr. Al-Arian, Co-Director Harvey Silverglate and Director of Public and Legal Advocacy Greg Lukianoff provide a study of the case in the light of the Constitution and case law.
• "The University of South Florida Betrays the Rule of Law: The "Thug's Veto" and the Ongoing Case of Sami Al-Arian," FIRE Press Release, January 29, 2002: The University of South Florida (USF) has decided to fire a tenured professor on the grounds that outside criticism of his views had created too much of a "disruption" to uphold his constitutional and moral rights of free speech and lawful political activity. Dr. Sami Al-Arian, an outspoken pro-Palestinian activist, was a guest on a cable news show where he was accused of having radical views, of having made radical statements in the past, and of having possible ties to terrorist groups. As a result of the television appearance, USF came under what it has described as intense public pressure. The University, in response, issued a notice of termination, choosing to dismiss Dr. Al-Arian, because it was too bothersome to defend his constitutional rights.
• "FIRE Letter to USF President Judy Genshaft," January 29, 2002

Media Coverage

• "Defending the right to offend," Beth Gillin, The Philadelphia Inquirer, November 13, 2003
• "Terror Prof Defenders: Support Justified," Jacob Gershman, The New York Sun, February 25, 2003
• "Seebach: Yet Another Recruit to the Cause of Academic Freedom," Linda Seebach, Rocky Mountain News, August 24, 2002
• "USF Sues for Right to Fire Professor," Anita Kumar, St. Petersburg Times, August 22, 2002
• "Teacher or Terrorist?," Eric Boehlert, Salon.com, August 22, 2002
• "USF President: Palestinian Prof has Terrorist Ties Should be Fired," Rachel La Corte, The Associated Press State & Local Wire, August 21, 2002
• "Academia's Swindle," Debra Saunders, San Francisco Chronicle, August 13, 2002
• "Amid New Probe Al-Arian Speaks," Graham Brink, St. Petersburg Times, February 23, 2002
• "Al-Arian Says Federal Probe is All About Politics," The Associated Press State & Local Wire, February 23, 2002
• "Sami Al-Arian: Victim of Intolerance or Threat to a University's Stability?," Sharon Walsh, Colloquy Live (Chronicle of Higher Education), February 6, 2002: Since September 11, there have been numerous incidents in which faculty members have been criticized for their comments about terrorism, U.S. foreign policy, and the Middle East. But only one tenured professor -- Sami Al-Arian of the University of South Florida -- faces the prospect of losing his job for his public comments. Mr. Al-Arian has been the source of controversy at the university for several years, with his critics saying that his comments about Israel promote hate and his defenders saying that he is a caring professor whose comments -- however controversial -- must be defended as part of free speech and academic freedom. After some statements that Mr. Al-Arian made in 1991 were discussed, post-September 11, on a national television show, the university was bombarded with criticism, threats to revoke donations, and some death threats for Mr. Al-Arian. The university's Board of Trustees has authorized his dismissal -- and the university's president, while not making a final decision, has said his dismissal would be appropriate -- because of the disruptions Mr. Al-Arian's statements have caused at the university. Many faculty groups say that the move against Mr. Al-Arian is a serious violation of free speech and academic freedom.
• "Some really offensive ideas on campus," Steve Chapman, Chicago Tribune, February 3, 2002: A university is a place of open inquiry, vigorous intellectual debate and untrammeled scholarly freedom. But during a national crisis, even universities sometimes take the position that if you can't say the right thing, you should put a sock in it.
• "Firing Decision Could Affect USF President's Future," The Associated Press, February 2, 2002
• "USF President's Choice Carries Ramifications," Graham Brink, St. Petersburg Times, February 2, 2002
• "University Moves to Fire 'Disruptive' Prof," Lou Marano, United Press International, January 29, 2002
• "Professor's Terrorist Links Divide University in Tampa," Scott Powers, The Orlando Sentinel, January 12, 2002
• "USF Faculty Union Supports Al-Arian," Babita Persaud, St. Petersburg Times, January 11, 2002
• "Florida Witch Hunt," Bruce Shapiro, Salon.com, January 8, 2002
• "Critics of Al-Arian Firing See Parallels to Segregation," Stephen Hegarty, St. Petersburg Times, December 22, 2001