University of Sydney argues academic’s article not racist against Jewish people as ‘Zionism is a political concept’ | Sydney

The University of Sydney argued that an article criticizing Zionism written by a staff member was not racism against Jews because “Zionism is an inherently political concept”.

The claim was heard in federal court on Monday as part of a race discrimination case brought by academics against two colleagues and the university in what is being considered a major test case for hate speech in Australia.

Three academics and one student, led by Joseph Toltz, along with their colleague Dr. He argued that Nick Riemer and Prof John Keane had breached section 18C of the Racial Discrimination Act in a series of public comments criticizing Zionism and Israel. This section of the law makes it an offense to “offend, insult, degrade or intimidate” another person or group based on their race, color or national or ethnic origin.

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In response, Keane and Riemer, who is also vice president of the National Tertiary Education Union (NTEU) at the University of Sydney, argued that criticizing Zionism or Israel is not racist hate speech.

Toltz and other applicants also alleged that the University of Sydney was indirectly responsible for an article by Riemer in the literary magazine Overland and a speech and post in which he said “there is no place for Zionism in our unions”.

‘Criticism of political views’ is not included in the law

At an interlocutory hearing before Judge Geoffrey Kennett on Monday, lawyers representing the university argued that the vicarious liability lawsuit against it should be dismissed immediately. Riemer and Keane did not agree with this practice.

The university’s lawyer, Robert Dick SC, who was not acting on behalf of Riemer and Keane, told the court it was clear that racial discrimination law did not cover “criticism of political views”.

“Zionism is essentially a political concept,” Dick told the court.

Referring to a post by Riemer about unions, he said, “If you identify with Zionism, you may be disturbed when you read these articles.” “But if it has nothing to do with your race, color or ethnicity, then you are excluded as a candidate for a finding of violation [of the racial discrimination act].”

In his post, Riemer said, “There is no room for racism, settler colonialism, apartheid, and Zionism in our unions.”

Toltz claimed that one of the two accusations in this post was: “Jewish people and Israeli people should be excluded from participation in any union in Australia, including the National Tertiary Union.”

He also argued that Riemer’s various posts were unlawful because “the references to Zionists are properly understood to be directed at (at least) the majority of Jewish people in Australia and the majority of Israeli people.”

But Dick said the posts did not call for the exclusion of Jews or Israelis and therefore should not be seen as a violation.

Dick also argued that while it is acknowledged that many Jews and Israelis identify as “Zionism and Zionists,” not all of them do. He also stated that people who are not Jewish or Israeli can also identify with Zionism.

Toltz argued that the university was also indirectly responsible for an article published by Riemer in Overland on October 15, 2023.

“Palestinian solidarity is not merely internationalism, anti-colonialism, anti-racism or even humanitarianism, it is not merely an expression of compassion, self-sacrifice or basic kindness: it is an imperative for the defense of democratic privileges against authoritarianism and neo-fascism in Western countries,” Riemer wrote in the article.

“Zionists, sometimes thought of as ‘liberals’, have unmasked themselves as they cheer for the anti-democratic suppression of protests. Their support for Israel’s apartheid regime and continued war against the Palestinians can only amount to opposition to democracy in their own country.”

Toltz claimed that one of the imputations in this article was that “the Jewish people and the Israeli people have now emerged as racist supporters of apartheid and a permanent war against the Palestinians, as well as people who secretly oppose democracy in their own countries”.

Dick disagreed and said nowhere in the article was it said that Jewish or Israeli people were involved in racism, settler colonialism or apartheid.

He also told the court that Zionism or Zionists could not be seen as “directly synonymous” with Jews or the Israeli people.

Judge urged to focus on victims’ perspective

Adam Butt SC, speaking for Toltz on Monday afternoon, argued that there did not need to be an explicit reference to Jews or Israelis for there to be a breach under section 18c. He urged the judge to focus on the victims’ perspective, arguing that many Australian Jews “experience anti-Zionism as antisemitism”.

He also asked the court to consider the International Holocaust Remembrance Alliance’s definition of antisemitism as an “analytical tool” in assessing whether Riemer’s posts were antisemitic.

He argued that Riemer used the word “Zionist” as “a derogatory synonym for Jew or Israeli.”

Judge Kennett asked Butt: “If Dr. Riemer considers the conduct of the State of Israel to be reprehensible [or] The positions taken by Zionists in public debate are reprehensible, how does he say this without violating the section? [18c]?”

Butt said it depends on the context and whether there is an accusation that it was done because of race or nationality.

The allegations against Reimer extend beyond what the University of Sydney is accused of being indirectly responsible for to a wide range of posts, chants and speeches.

One of Riemer’s posts on November 12, 2023 criticized ABC for firing Antoinette Lattouf.

Keane was accused of celebrating Hamas actions on 7 October after posting “5 green Hamas flags with Arabic writing on them” on his X account the following day.

Butt said on Monday there was a “broader case” against Riemer and claimed Riemer had a “tendency to breach section 18C or make anti-Semitic comments”.

Butt argued that some examples were implied, while others were clearly anti-Semitic tropes. He told the court that a clear example of this was a post Riemer made on the X account in February last year, in which he said: “Zionists are losing their license to lie and slander.” The comment was cited in reference to a news article reporting that police found no evidence of people chanting “Gas the Jews” at a pro-Palestinian rally at the Sydney Opera House.

In response, Judge Kennett said: “Many people are accused of lying and slandering. Is this a classic anti-Semitic trope?”

Butt replied: “Yes, it is.”

Prof Suzanne Rutland, Ariel Eisner and Yaniv Levy also participated in Toltz’s application to the two academics.

The case before Kennet will return to court on Tuesday.