War between Israel and Hamas has sparked extensive (mostly) online activism about the conflict — and led to a rash of firings or other workplace discipline from employers concerned about their employees’ views of the conflict.
Artforum’s top editor David Velasco was fired by his publisher, Penske Media, after posting an open letter on the site calling for a cease-fire and suggesting Israel is responsible for the beginning of a genocide; Michael Eisen was removed as editor-in-chief of the science journal eLife after retweeting a satirical article critical of Israel; and Maha Dakhil, a top executive at the Hollywood talent firm Creative Artists Agency, stepped back from leadership roles after reposting an Instagram story that implied Israel was committing genocide. That’s in addition to multiple law students who had job offers revoked after publicly criticizing Israeli actions. The statements range from expressions of sympathy for Palestinians to strident anti-Israel criticisms that seem to minimize Israeli loss of life.
The situation is making Genevieve Lakier, a professor of law at the University of Chicago whose work is focused on the changing meaning of freedom of speech in the United States, very nervous.
“It feels like the new McCarthyism,” said Lakier, who’s one of the leading legal scholars on matters of free speech.
So far, most of the firings appear to have been for expressing pro-Palestinian views — the U.S.-based advocacy organization Palestine Legal reports that they’ve responded to over 260 cases of people’s “livelihoods or careers” being targeted. But the fact that these firings have been due in large part to social media posts and the widespread broadcasting of personal political beliefs means that the trend may not stay on one issue or one side of a dispute for long; Lakier says that we are watching the relationship between free expression and employment shift in real time.
Currently, regulations concerning speech and private employment oscillate wildly from state to state — about half of states have no protections for private employees who express political beliefs, while others have laws that vary in terms of scope. Many of the employment laws that do exist find their roots in the 19th century and are little use in navigating the 21st century workplace. Meanwhile, ideas about protected speech are constantly shifting in the culture: After 9/11, for example, the war on terror brought with it new examinations into what kind of speech promulgates terrorism. More recently, debates over “cancel culture” on campuses and in the workplace have brought up similar questions of what speech is permissible — and when consequences are justified.
Hellbound and Down 