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January 17, 2022

A Tale of Two Kings: Which MLK Legacy Shall We Honor?

By the time he was assassinated in Memphis on April 4, 1968, Martin Luther King Jr. was in the second chapter of his iconic activist life. His famous “I Have a Dream” speech, delivered on the steps of the Lincoln Memorial in 1963, punctuated his first chapter, and ushered in the Civil Rights Act of 1964. A striking legacy of that speech was his dream that his “four little children … will not be judged by the color of their skin but by the content of their character.”

Five years later, as he was walked out of his room at the Lorraine Motel to meet an assassin’s bullet, his mind was on other matters. His focus had shifted from civil rights to building an interracial coalition to end the war in Vietnam and force major economic reforms. He had plans for a massive Poor People’s Campaign rally in Washington. He realized more than ever that civil rights without economic rights was fool’s gold.

It’s worth reflecting on this dual legacy as we honor King on his annual day of remembrance.

Because the man did so much and said so much, there’s a tendency to cherry pick sections of his legacy to support one’s preferred narrative. I’m guilty of that myself, having a clear bias in favor of judging people by the content of their character.

I often wonder, in fact, how King would have reacted to the obsession with race that dominates much of today’s social activism. I wonder if he would sympathize with Black thinkers like John McWhorter, the Columbia professor and linguist whose recent book, “Woke Racism: How a New Religion Has Betrayed Black America,” has become a bestseller.

I often wonder how King would have reacted to the obsession with race that dominates much of today’s social activism.

I can’t speak for King, but I suspect he’d look at any activist movement trying to fight racism and help the Black community through this lens: Is it helping Blacks? It is improving their education? Is it addressing poverty and offering more economic opportunities?

At the end of a life that was cut short way too soon, King was focused on building interracial coalitions. His Poor People’s rally was for all the poor, regardless of race, gender or ethnicity. Perhaps by then, he understood that some Black problems were also non-Black problems; that there were non-Black poor as well as Black poor; that coming together under a common interracial cause of improving economic opportunities was indeed a sign of racial progress.

So, which MLK legacy should we honor—the “I Have a Dream” legacy that focused squarely on helping Blacks, or the interracial legacy that focused on common ills between Blacks and non-Blacks?

We should honor both, because we need both.

If the dream of his first chapter was that his children be judged by the content of their character, the interracial efforts of his second chapter was his way of helping that dream come true. It was his promised land for all of America.

Happy MLK Day.

A Tale of Two Kings: Which MLK Legacy Shall We Honor? Read More »

Crime and its Non-Punishments

There’s a film playing in movie houses in major cities across America, and let me tell you—It’s a scary one. The setting itself is ominous: a haunted courthouse, possessed not by zombies or dead people, but by no-shows and noncompliance, indifference and contempt for the law.

Yes, I am talking about phantom District Attorneys in Los Angeles, San Francisco and now, with the election of the progressive Alvin Bragg in Manhattan—all top cops who are actually topless, nakedly unwilling to enforce the law. That’s a lot of horror and gore for already anxious citizens to endure during a pandemic.

Each of these prosecutors has made it plainly known that certain statutory crimes—stolen goods of $1,000 or less, resisting arrest, fare beating, small drug offenses, prostitution and trespassing—are not crimes requiring incarceration. With no cash bail, wrongdoers are given a mere “desk appearance ticket,” which they routinely violate by never showing up again. (That, too, apparently, is not a crime.)

If “smash and grab” retail theft is not an enforceable criminal act, soon assailants will no longer wear masks—and I don’t mean the N95 kind. They’ll simply smile for the camera while exiting Apple Stores or Walmart, AirPods in ears and hand drills in hand.

Many other crimes aren’t even being prosecuted at all. Thousands of felons have freely and gleefully left courthouses while planning their next heist. Soon TV’s “Law & Order” will be more aptly named, “Lawlessness & Disorder.”

Serious jail time in this new shrunken penal colony is being reserved only for murderers and, perhaps, some rapists. To be “progressive” in the criminal justice system these days is to dispense with the death penalty in all instances, regardless of how gruesome the crime and deserved the punishment.  Life imprisonment without parole is also becoming a relic of a bygone crime control era. Nowadays, district attorneys are recommending a maximum 20-year lifetime imprisonment.

Thanks to modern medicine and lifestyle choices, Americans are living longer. Thanks to district attorneys who have turned their offices into civil rights law firms, criminals will be spending less time in jail. All the better to avail themselves of their longer lifespans.

Bragg boasted that his reforms will make New York City safer. He must be referring to the same-named city on some other planet. Anyone who was living in New York from the mid-1960s through the mid-1990s remembers what urban menace looks like. Classic movies depicting that era, such as “Death Wish,” “Taxi Driver,” “The Warriors,” and “American Gangster,” show the harsh consequences of being soft on crime.

The title “Mean Streets” says it all.

New York’s new mayor, Eric Adams, himself a former policeman, warned criminals: “You won’t sell guns and drugs soon on our street.” Unfortunately, the Mayor doesn’t have a partner in his new District Attorney, who is more interested in making sure that low-level offenders are “made safe from the dangers posed by mass incarceration.”

You can direct state prosecutors to achieving criminal justice reform and the overturning of wrongful convictions. Noble goals, for sure, but with such an emphasis, protecting the public from criminality becomes peripheral. It’s nearly impossible to achieve both.

Lethal dangers lurk on our city streets. In 2020, homicide in the United States had its highest-ever yearly increase—29 percent.

Especially with crime on the rise. Lethal dangers lurk on our city streets. In 2020, homicide in the United States had its highest-ever yearly increase—29 percent. By the end of 2021, homicide levels reached record numbers in Columbus, Ohio; Indianapolis, Indiana; Louisville, Kentucky; St. Paul, Minnesota; Portland, Oregon; Tucson, Arizona; Toledo, Ohio; Baton Rouge, Louisiana; Austin, Texas; Rochester, New York; and Albuquerque, New Mexico.

Each of these cities is led by progressive prosecutors who have instituted their twisted notions of crime control and progressive political agendas.

Portland is a tragic example of the heresy and rank hypocrisy of subverting the rule of law with selective enforcement. No city was more insistent on defunding its police in order to demonstrate how much black lives mattered to the people of Portland. And predictably, criminals decided to show their civic pride by smashing statues, destroying businesses, running wild through courthouses and turning those crunchy-granola streets into a progressive prison for law-abiding citizens.

A year later, Portland’s mayor has been screaming “Mayday!” Black Lives Matter is now charging him with treason for having restored funding to the police and ordering them to prioritize violent crime. The same with the mayor of San Francisco, another Black Lives Matter bastion, who recently said, “It’s time that the reign of criminals who are destroying our city . . . come to an end.”

So much for the ludicrous experiment of sending social workers to crime scenes rather than trained crime fighters.

Tolerating some crimes sends a message to hardcore, violent criminals that it’s open season on victims.

To do otherwise is civic insanity. Tolerating some crimes sends a message to hardcore, violent criminals that it’s open season on victims. Ordinary citizens are then placed on notice that the true muggers are the prosecutors who gave criminals a license to steal.

It cannot be lost on anyone paying attention to the culture wars that Critical Race Theory has had a role to play here. Progressives see the disproportionate numbers of persons of color incarcerated and instantly think: racism, inequity and oppression. Jails, demonstrably, have a disparate impact on the marginalized segments of society. How to then bring about equity? Simply toss more white collar criminals, Asians, Indians, and Jews in jail, while at the same time, reducing the prison population of Black Americans?

Equity, these days, means that such lopsided outcomes must be overcome—one way or another.

The optics of incarceration is an eyesore for the intersectional crowd.

Where is the “equity” in permitting lawbreakers to go unpunished while spreading fear among law-abiders?

But Lady Justice is blindfolded for a reason. Our legal system is clearly not without moral failure, but that doesn’t mean the answer is replacing a “Broken Windows” crime strategy with one that says: “Take whatever you wish; smash and burn whatever pleases you; hold-ups and robberies are now on the house.”

Where is the “equity” in permitting lawbreakers to go unpunished while spreading fear among law-abiders? Criminal laws are written by legislatures. District attorneys are charged with enforcing them. They may be elected officials, but politics cannot color their discretion. They are first and always public prosecutors, not criminal justice reformers. They are required to uphold the rule of law, and not serve as the enablers of lawlessness.


Thane Rosenbaum is a novelist, essayist, law professor and Distinguished University Professor at Touro College, where he directs the Forum on Life, Culture & Society. He is the legal analyst for CBS News Radio. His most recent book is titled “Saving Free Speech … From Itself.”

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Why Did the FBI Deny Antisemitism in Texas?

American Jews are being asked to get used to something that European and Middle Eastern Jews have been accustomed to for thousands of years, namely, to live with targets on their backs.

The United States was always different. Yes, Jew-hatred has always existed even here in America but almost never in an open, brazen, or violent manner. It was always much more of the we-won’t-let-them-into-our-country-club variety or quotas at leading Universities. To the extent that Jews died as a result of American antisemitism it was, in the most egregious case, by not allowing them to enter the United States during the holocaust, especially after FDR’s disastrous appointment of anti-Semite Breckenridge Long as head of the visa section of the State Department during World War II.

But with that painful and monumental exception, the United States has been one of the greatest blessings to world Jewry in our long and painful history.

Until now.

The nonstop and deadly attacks on American Jews and especially synagogues boggles the mind. Are we caught in some weird Hollywood nightmare? From Pittsburgh to Poway to Jersey City to Monsey to Texas, with many painful stops in-between, American Jews are now accustomed to dead congregants, flashing police lights, and security whenever they go and pray.

It was something that as an American Jew I had to get used to when I first moved to Oxford, England to serve as Rabbi in 1988 when I was sent by the Lubavitcher Rebbe. The tank-like military vehicles and soldiers with submachine guns you saw outside Shuls in London, Rome, Brussels, and Berlin were…. well, downright un-American.

But no more. Welcome to the new status quo in New York, Miami, Los Angeles, and St. Louis.

But things won’t get better until the Biden Administration stops its pathetic game of pretending that Islamic terrorism is only “extremism” – as President Biden called the Texas attack – or that it’s not the Jews specifically who are being targeted, which was the astonishing conclusion of the FBI in Colleyville.

Particularly painful were the comments of FBI Agent-in-Charge Matt DeSarno who actually said that the attacker was specifically focused on an issue “not directly connected to the Jewish community” and there was no immediate indication that the man had was part of any broader plan.

Come again?

The agent’s comments strain incredulity. Seriously? The hostage-taker, who did not go to a McDonalds or a Shopping Mall, or a Church, but to a Synagogue – although the Jews are just 2% of the population – was not focused on something connected to Jews? He was not motivated by hatred of Jews? He was not trying to murder Jews? He was not specifically attacking Jews? It wasn’t a Rabbi whom he took hostage?

Never in the history of political correctness has a more confusing statement been made about a blatantly anti-Semitic attack than this one in Texas.

One wonders whether the FBI – who otherwise performed flawlessly and brought about a miracle by saving the Rabbi and the hostages – received their political marching orders from political higher ups.

Who told the FBI to declare that the terrorist, who was a British national, was not guilty of a hate crime? Have they examined all his online posts? Do they think that he was simply driving down the interstate in Dallas and decided that in order to free “Lady Al Qaida”, Aafia Siddiqqui, he should specifically take four Jews hostage in an out-of-the-way Synagogue rather than any place else in the Lone Star State?

Here’s the truth.

Islamist radicals hate Jews in their gut. They are congenitally anti-Semitic, as terrorist Siddiqui showed in her trial where she “demanded” that no Jews serve in the jury. They do not hate Israel because of any dispute with Arab neighbors but because it’s a Jewish state.

They are anti-Semitic to their core.

And when the United States overlooks that insidious and murderous hatred and negotiates with Islamist radicals and legitimizes them, that hatred trickles down to the kind of attacks we saw in Texas by radicals who believe that Jews are the source of the world’s evil and control all the world’s governments.

And when the United States overlooks that insidious and murderous hatred and negotiates with Islamist radicals and legitimizes them, that hatred trickles down to the kind of attacks we saw in Texas by radicals who believe that Jews are the source of the world’s evil and control all the world’s governments.

Iran speaks openly about annihilating six million Jews. Yet the Biden Administration is engaged in talks with them that will ultimately legitimize their nuclear program.

Hamas’ charter demands the murder of every Jew in every place on earth. Yet the Biden Administration is reversing Trump-era suppression of funds that cuts off the terror organization.

What are we to think when the greatest and most moral nation on earth, America, does not tell Islamists clearly and unequivocally that unless they repudiate any and all threats against Israel and Jewry – especially those of a genocidal nature –  that the US will have nothing to do with them and will keep them on an enemies list?

The Texas attack dare not become the new normal for American Jewry. Having lived in Western Europe for 11 years, I know what that normal looks.

I know what it’s like to hear my students on campus tell me that they take their kippahs off because they’re afraid to wear them and get attacked.

I know what it’s like to hear from residents that I should not put up a public Menorah because I’m just going to bring the haters out to attack the community.

And I know what it’s like to grow accustomed to hearing elected officials and Members of Parliament give speeches laced with Jew-hatred, as British Jews because accustomed to with Jeremy Corbin, and which American Jews are now hearing from Ilhan Omar and Rashida Tlaib.

All this was utterly foreign to American Jewry. And it must remain so.

Ultimately, we have no one to rely on but ourselves.

We must take to the airwaves to demand accountability from elected officials to protect the Jewish community and to never excuse any form of antisemitism.

We must advertise against Hollywood influencers who spew anti-Israel hatred and anti-Semitic bile, which is becoming increasingly frequent, and which our organization, the World Values Network did, against Dua Lipa and the Hadid sisters during the May, 2021 Gaza War.

We must, as a community, oppose any new deal with Iran that funds the regime without a total and complete cessation and repudiation of any and all threats against Jewry and Israel and an end to their nuclear program.

We must choose and support elected officials who have no qualms about calling out Islamist attacks for what they are, not extremism but terrorism.

Finally, we must reach out to our Muslim brothers and sisters and make it clear to them that they dare not allow a great world religion to be represented or usurped by murderers and Jew-haters. It’s time for our Muslim brothers and sisters to repudiate the likes of the Texas terrorist even more vehemently than us Jews and help create a new era of Jewish-Muslim peace.


Rabbi Shmuley Boteach, whom the Washington Post describes as “the most famous Rabbi in America,” has just published “Kosher Hate: How to Fight Antisemitism, Racism, and Bigotry.” Follow him on Instagram and Twitter @RabbiShmuley.

Why Did the FBI Deny Antisemitism in Texas? Read More »

Teach Like God

For ten summers I studied at the Shalom Hartman Institute in Jerusalem (SHI). I gathered with rabbis from around North America representing the diversity of the Jewish People: Reform, Conservative, and Orthodox leaders including members of the LGBTQ+ community. Our teachers—among them the institute’s founder, Rabbi David Hartman of blessed memory—challenged us and inspired us to think creatively and critically about our tradition and its texts. One of the Institute’s most inspiring and unique programs is the Muslim Leadership Initiative, which brings together members of the North American Muslim and Jewish communities for study and dialogue about the complex religious, political, and socioeconomic issues facing people in Israel and Palestine.

Given my experience at the Hartman Institute, my relationships with its leadership, and my great esteem for the values the Institute carries, I was both surprised and horrified to read about a controversy involving it this past week. 

The North American offices of the SHI reached out to Big Duck, a Brooklyn-based marketing and branding firm that focuses on helping nonprofits. According to a statement released by the SHI leadership, the Big Duck team immediately began asking them about the Institute’s position on BDS and its operations in Israel. Based on the Institute’s responses, Big Duck declined to work with them.

The Institute decided to make the incident public, writing in their statement: “Big Duck’s claims to not apply litmus tests nor to adhere to a BDS policy as a company are belied by their application of a litmus test here, and by their allowing those employees who support BDS to exercise a veto over business decisions on the basis of that commitment. We believe that if and when companies decide to refuse business of North American Jewish organizations because they have a relationship with Israel, those organizations should be accountable to that reputation publicly and transparently.”

It is deeply concerning to me that apparently in part because of concerns raised by some Big Duck employees about working with a Zionist entity (notwithstanding the thoughtful, reflective, and inclusive way the Institute understands and expresses its commitment to the national aspirations of the Jewish People), an organization so objectively worthy of respect has been effectively “canceled” by a U.S.-based corporation simply because it is Zionist.

Demonization of this sort is antisemitism pure and simple and should be called out as such.

Most insidiously, over time such occurrences become normalized. What is shocking soon becomes expected and even accepted.

Incidents like this should concern us as American Jews for many reasons. Most insidiously, over time such occurrences become normalized. What is shocking soon becomes expected and even accepted.

Rabbi David Hartman of blessed memory once taught me an important lesson that can help us navigate this moment. In a lecture he gave in Jerusalem in May of 2012 about a year before he died, he spoke about what he considered to be one of the central lessons of our Torah. I was living in Israel with my family at that time and I was privileged to hear the lecture in person. At one point, Rabbi Hartman asked why God didn’t simply choose to create humanity in a way that would “hard-wire” the behavior God wanted from us into our very DNA. Why not create us to be wise, compassionate, just and moral creatures?

Our job is to find worthy teachers who can guide us so that we might become students who attain discernment and moral refinement.

Rabbi Hartman answered by quoting Maimonides’ “Guide for the Perplexed”: “If it were part of God’s will to change [at God’s desire] the nature of any person, the mission of the prophets and the giving of the Law would have been altogether superfluous” (Part III, chapter 32). Rabbi Hartman suggested that the very purpose of Torah, the teachings of the prophets, and the wisdom of the sages is to empower us to become moral beings who will, throughout our lives, pursue wisdom, compassion and justice. This is part of the way that God ennobles us and elevates us by allowing us to choose the good rather than by programming us simply to be good. Our job is to find worthy teachers who can guide us so that we might become students who attain discernment and moral refinement.

The type of litmus test that Big Duck seems to have applied to the Hartman Institute is the antithesis of the type of inquiry and reflection that Maimonides suggests and that Rabbi David Hartman embodied.

As difficult as it can be, our response to incidents like these—beyond calling out actions like Big Duck’s as antisemitic when, forgive me, they look like antisemitism and quack like antisemitism—is to roll up our sleeves and patiently and even lovingly teach. Instead of ignoring, dismissing or canceling those who might simply be ignorant of the history of the Zionist movement and our People’s ancient connection to the land, we should remain in dialogue with them so that we might, in time, help them to attain greater discernment and wisdom.

I’m not so naïve as to believe that our efforts will always be met with success, but I have found that sometimes they are. If we see educating others—Jews and non-Jews alike—about what Zionism means and what it means to us as part of our collective and personal mission, we just might, over time, move the needle.

Rabbi Hartman saw this as a deeply spiritual task. God’s central role, argued Rabbi Hartman, is as a teacher. The function of revelation as he put it is “to educate you slowly so that you will change and grow.”

Our tradition imagines that God created us in God’s own image. One implication is that part of our very purpose then is to, like God, be teachers of truth, understanding, compassion and justice. It can be wearisome, certainly, and there are times when we might be tempted to just throw our hands up in disgust and walk away, but that would be a mistake. Instead—slowly, patiently, bit by bit—let us become more educated about our own history, texts, traditions and national aspirations so that we might, in time, educate others as well.

Rabbi Hartman argued that these efforts are part of God’s deepest desire for humanity. As he put it that evening in Jerusalem, God’s prayer is that “you should be a mensch—and the only way you’re going to do that is through your own efforts.”

I would suggest we take his teaching one step further: It’s not enough for us to be mensches; we have to commit ourselves to helping others—even those with whom we might find ourselves in conflict—become mensches as well.

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Flyers Tying Jews to Anti-Vaxxers Found at Santa Monica Schools

A slew of flyers that seem to be accusing Jews of being tied to the anti-vaccine movement were found at multiple schools in Santa Monica on January 13.

The Los Angeles Times reported that the flyers were emblazoned with a red-and-green Star of David and the word “anti-vaxxer” on them and urged people to report anti-vaxxers to a phone number with a Kentucky area code. The Times texted the number, and then received a text back saying the number is the Safer Tomorrow Organization’s “Anti Vax Reporting Headline.” 

The flyers were found at Grant Elementary School, McKinley Elementary School, Roosevelt Elementary School, Edison Language Academy, Will Rogers Academy, John Adams Middle School and Lincoln Middle School; the schools took down all the flyers by the end of the day. Police are investigating the matter.

Santa Monica-Malibu Unified School District and the City of Santa Monica denounced the flyers in a joint statement. “Santa Monica rejects bigotry of any kind and antisemitic rhetoric, intolerance, harassment and violence have no place in our schools or in our community,” they said. “We are deeply offended by the antisemitic posters, falsely and nefariously representing pro-vaccine propaganda found at several of our schools.”

Various Jewish groups also condemned the flyers in statements to the Journal.

“We are appalled by the antisemitic fliers spread at Santa Monica schools,” Anti-Defamation League (ADL) Los Angeles Regional Director Jeffrey I. Abrams said. “The dangerous rhetoric found in these fliers is reminiscent of age-old tropes and Nazi propaganda, alleging that Jews were responsible for myriad issues including the spread of disease. And this is not the first time we have seen this messaging on fliers distributed in Los Angeles County.” Abrams linked to an ADL Los Angeles tweet from December about how similar posters were found in West Hollywood at the time.

“The fact that these fliers were distributed at schools makes this doubly alarming,” Abrams added. “We stand ready to support the Santa Monica-Malibu Unified School District to continue to stand against hate and ensure all students feel safe and respected at school.”

American Jewish Committee Los Angeles Assistant Director Brian Hertz also said, “The individuals posting these fliers are demonstrating social pathologies filled with hate. Whether through their eventual arrest and prosecution, or counseling, we hope they get the help they need to stop menacing the Jewish community and society at large. Thankfully, Santa Monica Unified and the [Santa Monica Police Department] know bigotry when they see it and have already taken steps to reassure the community.”

StandWithUs CEO and Co-Founder Roz Rothstein, who is also the daughter of Holocaust survivors, said: “This latest instance of scapegoating Jews as somehow responsible for issues related to Covid-19 should be recognized for exactly what it is: a cowardly attempt to find a reason to blame Jews at a time when many people are feeling worried and helpless. This group’s singling out of the Jewish people and leveling false accusations at them by invoking an ugly, ancient antisemitic stereotype should be sufficient basis to undermine its members credibility here. 

“The school district and the City of Santa Monica should be commended for swiftly removing and condemning these flyers and expressing support for the Jewish community. We stand together with them against anti-Jewish bigotry and call upon others to do the same as a demonstration of the failure and futility of such divisive and dangerous tactics.”

Stop Antisemitism Executive Director Liora Rez said, “The antisemitic cowards behind this group claim they care about others but in reality, their purpose is to do nothing but spread hatred and division.”

Flyers Tying Jews to Anti-Vaxxers Found at Santa Monica Schools Read More »

CUNY Profs File Lawsuit Against Law Forcing Them to Be Members of Union That Passed Anti-Israel Resolution

Several City University of New York (CUNY) professors filed a lawsuit on January 12 to overturn a state law forcing them to be members of a professor’s union that passed an anti-Israel resolution in June.

According to the lawsuit, a copy of which was obtained by the Journal, professors Avraham Goldstein, Michael Goldstein, Frimette Kass-Shraibman, Mitchell Langbert, Jeffrey Lax and Maria Pagano are being represented by the National Right to Work Foundation and The Fairness Center. All but one of them are Jewish and all have resigned from the Professional Staff Congress (PSC). The lawsuit states that the professors’ “opposition to PSC’s political and ideological positions crystalized in June 2021, when PSC adopted the Resolution regarding what it termed ‘the continued subjection of Palestinians to the state-supported displacement, occupation, and use of lethal force by Israel,’ and requiring chapter-level discussion of possible support by PSC for the BDS [Boycott, Divestment and Sanctions] movement.” The professors view the resolution as antisemitic because it “applies a double standard to the one Jewish nation in the world, Israel, while ignoring every other nation” and all but Pagano resigned in 2021 over it. Pagano had resigned in 2010 after the PSC allegedly interfered in a grievance settlement and has grown concerned about “the PSC’s increasing radicalization,” per the lawsuit.

Since the resolution’s passage, the PSC have “held chapter level discussions” that “encourage support for the anti-Semitic and anti-Israel BDS movement among rank-and-file members of PSC.” “By ensuring that the Resolution and the BDS movement’s goals would be discussed over and over again at chapter meetings across the CUNY campuses, PSC ensured that the isolation, marginalization, harassment, and ridicule experienced by the pro-Israel Zionist faculty would continue throughout the academic year,” the lawsuit alleges.

Additionally, the lawsuit states that the professors oppose the PSC’s financial support for the Working Families Party, a progressive party that “wants to align itself with the movement that spawned Representative Alexandria Ocasio-Cortez” and aims “to strengthen its alliance with groups like the Democratic Socialists of America,” according to The New York Times. The professors also don’t think that the PSC can “fairly represent them” given their differences in political ideology and allege that the PSC puts the needs of “part-time adjunct professors and other groups in the bargaining unit over their interests as full-time faculty and/or staff of CUNY.”

But the professors can’t officially disassociate themselves from the union under a New York law known as the Taylor Law as well as CUNY’s collective bargaining agreement (CBA) and memorandum of understanding (MOU) with the PSC, as their wages are still being deducted to pay dues to the PSC. They also cannot seek representation from a different union. Consequently, the PSC, CUNY, New York State Comptroller Thomas DiNapoli, New York Public Employee Relations Board (PERB) Chair John Wirenius and PERB members are all listed as defendants in the lawsuit. PERB certified the PSC as the official union for the professors, per the lawsuit.

The lawsuit argues that forcing the professors to be represented only by the PSC is a violation of their First Amendment rights, meaning that the Taylor Law is unconstitutional.

“PSC represents these employees regardless of whether the employees are union members and regardless of whether these employees agree with PSC’s speech and its positions,” the lawsuit stated. “No Plaintiff has ever participated in a vote to certify or recognize PSC as his or her exclusive representative.”

National Right to Work Foundation President Marx Mix said in a statement, “By forcing these professors into a union collective against their will, the state of New York mandates that they associate with union officials and other union members who take positions that are deeply offensive to these professors’ most fundamental beliefs. Going as far back as the 1944 Steele v. Louisville & Nashville Railway Co decision, the Supreme Court has recognized that union bosses misuse their government-granted monopoly bargaining powers to take offensive positions that are directly contrary to the interests of many employees who are forced under a union’s so-called ‘representation’ against their will.”

He added: “New York State’s Taylor Law authorizes such unconscionable compulsion. It is time federal courts fully protect the rights of government employees to freely exercise their freedom to dissociate from an unwanted union, whether their objections are religious, cultural, financial, or otherwise.”

Students and Faculty for Equality (SAFE) CUNY, a nonpartisan group advocating for Zionist Jews to be treated equally at CUNY, said in a statement to the Journal, “S.A.F.E. CUNY stands in solidarity with the professors who courageously came forward and brought this action. The PSC-CUNY faculty union has already been found liable by the EEOC [Equal Employment Opportunity Commission] for discriminating against its very own Zionist Jewish and observant faculty members. That is reprehensible and these faculty members should not be forced to have these discriminators represent them in collective bargaining, where their interests––even strong legally protected ones––are not represented.” The EEOC complaint was filed by Lax in 2019, who alleged that the Progressive Faculty Caucus prevents observant and Zionist Jews like himself from being a part of the caucus. The EEOC determination from February 2021 stated that Lax and others were “discriminated and retaliated against because of their religion,” though Fran Clark, a spokesperson for the PSC, told the Journal in June that Lax’s characterization of the EEOC determination was ‘inaccurate.’”

Clark told the Journal that the professors’ lawsuit is “meritless” and “another attempt to erode the power of organized labor to fight for better pay and working conditions and a more just society.” “PSC members—and non-member free-riders such as the plaintiffs—have good health insurance, benefits, due-process rights, contractual raises and salary steps because of the union’s contract negotiations,” he said. “The ‘Right to Work’ agenda is rooted in white supremacy; it will find little purchase at CUNY, the nation’s largest, most diverse urban university system. Antisemitism is on the rise and must be confronted. The deeply held convictions and differences of opinion that some PSC members have about Israel and Palestine should not be distorted in service of an anti-union agenda.” Clark also called the National Right to Work Foundation “notoriously right-wing.”

When asked to respond to Clark’s statement, Mix said in a statement to the Journal: “It is no surprise that PSC union officials have immediately resorted to ad hominem attacks and baseless name-calling as opposed to defending their coercive monopoly ‘representation’ powers, which have historically been used to discriminate against or otherwise harm rank-and-file workers. Such baseless accusations are page 1 of Big Labor’s playbook when their coercive forced unionism power is exposed by the very workers they claim to represent. No American worker should be forced under the representation of a union they oppose, and it’s high time that federal courts protect this basic aspect of workers’ freedom of association.”

A spokesperson for CUNY referred the Journal to Chancellor Matos Rodriguez’s July statement saying that the organizations like the PSC “speak for themselves” and “do not necessarily represent the views of the City University of New York.” A spokesperson from DiNapoli’s office declined to comment to the Journal. PERB did not respond to the Journal’s request for comment.

CUNY Profs File Lawsuit Against Law Forcing Them to Be Members of Union That Passed Anti-Israel Resolution Read More »

DEMA Show 2021: In Vegas, I learned to TikTok!

Thank you to DEMA (Diving Equipment & Marketing Association) for including me as media for the 2021 conference in Vegas. It was great to be back together IN PERSON!! Thank you to Resorts World Las Vegas for my conference stay!

The annual DEMA Show is the largest trade-only event in the world for companies doing business in the scuba diving, ocean water sports and adventure/dive travel industries. It attracts hundreds of exhibitors and thousands of dive and travel industry professionals from around the world each year.

At the show, I started a social media challenge of 5 videos a day for 30 days. Thank you to everyone for being in my new videos! It was so much fun to see everyone in person and talk scuba!

I did my first TikTok dance in the Beqa Lagoon Booth with Bamba!

My first job in travel was at CLUB MED! It was great to learn about what they are doing NOW!

Check out my TikTok channel as well as Instagram Reels to see the 15 videos we made at the show about diving in Bonaire, Fiji, Indonesia, Cayman islands, a mini-series about Lionfish, Tahiti, Mexico and Antarctica!

 

DEMA 2019:

DEMA Show 2021: In Vegas, I learned to TikTok! Read More »