Judge Susan Bucklew tossed out a suit filed by the University of South Florida asking the court to rule on whether its plan to fire Al-Arian would violate his constitutional rights. University authorities say they intend to fire the tenured professor on the basis of alleged ties to "terrorists."

The fight to defend Al-Arian, who is of Palestinian origin, has attracted national attention as a symbol of opposition to the attacks on political rights promoted by the U.S. government under the guise of "homeland security."

Al-Arian’s attorney, Robert McKee, said the decision fortified the defense position "that the university was trying to deprive Dr. Al-Arian of his rights under [the faculty union’s] contract." USF president Judy Genshaft wanted the federal court to back her effort to fire Al-Arian because he has threatened a lawsuit and the American Association of University Professors has threatened to censure the school for violating academic freedom if she does so.

Association General Secretary Mary Burgan concurred with the judge’s decision that USF cannot circumvent the process that secures the rights of Al-Arian and all faculty.

This is the latest skirmish in the year-long effort to fire the professor. Genshaft first moved against Al-Arian after he appeared on the Fox News program "The O’Reilly Factor," on September 26 of last year. Taking Al-Arian by surprise, host William O’Reilly accused him of making USF a "hotbed for Islamic militants," warning, "If I was the CIA, I’d follow you wherever you went. I’m saying I’d be your shadow, doctor." The program set off a flurry of hostile e-mails and phone calls including death threats against him, according to USF officials.

The day after the TV program, Genshaft suspended Al-Arian, then sent him a "final warning" October 8 barring him from setting foot on campus. With the campus emptied for Christmas break, the USF board of trustees held an "emergency meeting" December 19 at which it recommended in a 12-1 vote that Al-Arian be fired. Within hours, the university provost issued a "Notice of Intent to Terminate."

At the time, university officials justified this action claiming Al-Arian violated his employment contract by failing to clarify that remarks he had made in off-campus speeches were his personal views and not those of the university.

Following an outpouring of support from the USF Faculty Senate; the faculty union, United Faculty of Florida; and student organizations, Al-Arian held a press conference January 14 announcing his campaign to fight the university authorities’ drive to fire him. Representatives of a range of organizations supporting his fight turned out including from the three largest U.S. Muslim organizations: the American Muslim Alliance, the American Muslim Council, and the Muslim Political Affairs Council.

Ratcheting up the stakes, the school filed suit in August. They alleged that Al-Arian had ties to "terrorists" and that such allegations gave them the right to fire the 17-year, tenured professor without violating his free speech rights. No evidence has been offered to substantiate these claims nor has Al-Arian ever been charged with any illegal action.

The federal government has conducted years of on and off "investigations" into Al-Arian’s activities. Government officials demonstratively backed USF’s campaign against him when in February the U.S. Attorney’s Tampa office publicly announced that he was the subject of an ongoing federal investigation.

Despite suffering a setback, USF shows no signs of backing off. Dick Beard, chairman of the USF board of trustees, who has publicly stated many times he wants Al-Arian fired, called the decision "no big deal." "It just would have made things simpler for the university," he said, in deciding the administration’s next move.  
 
 
Front page (for this issue) | Home | Text-version home