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Fordham objects to new student joining lawsuit over rejected FIREfor Justice in Palestine chapter
Over two years after Fordham University refused to recognize a prospective chapter of FIREfor Justice in Palestine on the basis of its political beliefs, a group of students the school鈥檚 decision in court. But over a year to order Fordham to recognize the chapter, three of four student petitioners have graduated awaiting the court鈥檚 decision, with the final petitioner set to graduate in May.
In February, a new generation of Fordham student sought to join the lawsuit. Petitioners to add to the case sophomore Veer Shetty, who wishes to join a recognized SJP chapter at the university. Shetty鈥檚 addition to the suit would help keep it alive once all current petitioners have graduated, preserving the chance for current and future students to have a chapter, even if the original applicants never enjoy the benefit of their fight.
, however, Fordham opposed the move to bring Shetty into the case, likely aware of its chance to let the slow-turning wheels of justice render the lawsuit moot if the sophomore is blocked from joining.
The university denied SJP鈥檚 application to become a recognized student organization in December 2016, after it was initially approved by the student government. Despite that decision, Dean of FIREKeith Eldredge refused recognition, writing that he 鈥渃annot support an organization whose sole purpose is advocating political goals of a specific group, and against a specific country.鈥 He stated that 鈥渢he Israeli-Palestinian conflict 鈥 often leads to polarization rather than dialogue鈥 and specifically cited the group鈥檚 support for the Boycott, Divestment, and Sanctions of Israel campaign as 鈥渁 barrier to open dialogue and mutual learning and understanding.鈥
At a public university, the institution鈥檚 rejection of SJP on these grounds would be an obvious First Amendment violation, as well-worn jurisprudence bars a university from denying recognition to student groups because it disfavors their message or mission. Although Fordham is a private institution, and not bound by the First Amendment, it makes that its students will enjoy freedom of expression, proclaiming that the 鈥渆xpression of controversial ideas and differing views is a vital part of University discourse.鈥
The that these promises, codified in Fordham鈥檚 policies, are binding on the university. By failing to follow its own rules, they argue, the school violated state law and must be ordered to reverse its ban on the SJP chapter.
Despite the school鈥檚 outward embrace of free speech principles, Fordham鈥檚 to Shetty鈥檚 petition to join the lawsuit appears to double down on its viewpoint-based justifications for denying SJP recognition. The school argues that Shetty and the petitioners are free to have 鈥渄ebate and discourse concerning Palestinian-Israeli issues,鈥 just not under 鈥渢he moniker of their choosing.鈥 It argues that Shetty should be barred from the case because its rejection of SJP doesn鈥檛 prevent him from starting his own club, 鈥減articularly if he presents his application and club constitution in such a way that it addresses the University鈥檚 concerns with Petitioners鈥 2015 application and constitution.鈥
As petitioners point out in to Fordham鈥檚 opposition, the university鈥檚 argument that Shetty 鈥渃an simply submit an application for a different club that it might approve entirely misses the point 鈥 . Mr. Shetty, like Petitioners before him, wants to be a member of a group called FIREfor Justice in Palestine, which is what Fordham refuses to permit.鈥 Indeed, the petitioner students鈥 desire to convey a specific political message through affiliation with a particular movement 鈥 and Fordham鈥檚 concomitant suppression of that message 鈥 is the very heart of the lawsuit.
It seems nothing has changed since Fordham鈥檚 brazen censorship of SJP earned it a spot on . We鈥檒l continue to follow petitioners鈥 long-running court battle and hope to report that justice delayed does not become justice denied for the next generation of Fordham students hoping to join a recognized SJP chapter.
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