Free speech group says it ‘remains concerned’ about investigation of student
West Virginia University’s counsel is disputing allegations it punished a student for handing out a pro-Israel book.
The Foundation for Individual Rights and Expression asked the school “to lift the no-contact order” against Eliyahu Itzkowitz, a Jewish student, who handed out copies of a pro-Israel book.
The free speech group alleged in its June 16 letter that WVU punished Itzkowitz for giving a Muslim dining hall employee a copy of Alan Dershowitz’s book “The Ten Big Anti-Israel Lies: And How to Refute Them With Truth.”
The letter asked WVU to “refrain from investigating protected expression going forward.”
FIRE also said the employee, Hannah Harper, later told her manager Itkowitz was banned from eating in the dining hall. Harper also accused the Jewish student of swearing at her.
However, as the free speech group wrote in its letter, “None of the witnesses present heard Itkowitz say any of the comments Harper attributed to him or could even recall seeing Itkowitz interact with Harper at all.”
Harper also alleged the Jewish student had previously called her a “terrorist,” in a complaint filed with the university.
This led to a no-contact order being issued and a subsequent investigation into the student. FIRE says the comments are protected speech – and the veracity of the allegations are in question.
“Even if the dining hall employee’s allegations were all true — and there’s strong reasons to believe they are not — the alleged expression falls far short of the legal standard for actionable harassment, which requires that conduct be both ‘severe’ and ‘pervasive,’” Counsel Jessie Appleby told The College Fix via email.
West Virginia University said FIRE’s version relies on an “incomplete understanding” of what transpired.
The school provided The Fix with a heavily redacted version of its letter, saying that Iskowitz had not signed a release allowing the school to share all details with the media. The letter from the school’s attorney says the no-contact orders were issued to both the employee and student and were “non-punitive.”
“Following a full investigation, the University determined that no disciplinary charges would be brought. [Redacted sentence]. “The matter is now closed, and the mutual no-contact orders have been lifted,” the June 23 letter stated.
“We continue to welcome dialogue with FIRE and remain committed to protecting expressive freedoms for all members of our campus community,” the letter concluded.
“Now that the University has provided additional context, we have respectfully requested that FIRE correct the misleading content on its website and notify any media outlets that may have received inaccurate or incomplete information,” spokeswoman Shauna Johnson told The Fix via email.
However, Appleby, with the free speech group, says the university’s response does not address her concerns.
“The response by West Virginia University to FIRE’s inquiry ignores key facts in the case while cherry-picking several allegations that are willfully stripped of context,” Appleby told The Fix.
“From presenting a distorted timeline, to portraying the student, Eliyahu Itkowitz, filming his interactions with dining hall employees to protect against further false allegations as akin to stalking, WVU’s response needlessly maligns Itkowitz’s character,’ Appleby said. “It is incorrect both as to specific facts as well as the broader story. FIRE remains concerned about WVU’s investigation of Itkowitz for his protected speech.”
Professor Dershowitz did not respond to a College Fix request for comment on the content of his book.
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IMAGE CAPTION AND CREDIT: The cover for an Alan Dershowitz book; Skyhorse