Subject: RE: Brad Smith column is inaccurate
From: "Volokh, Eugene" <VOLOKH@law.ucla.edu>
Date: 4/18/2006, 11:05 AM
To: election-law@majordomo.lls.edu

	Well, when a country that is the most democratic in the Middle
East, and that provides some of the strongest (albeit imperfect)
protections for ethnic minorities of any country in the Middle East, is
singled out for accusation as "mass murderers" -- when none of the
neighboring countries that have engaged in comparable or greater killing
or oppression of minority group members are -- one wonders whether the
objection is just because of the country's alleged sins, or because the
sinners are Jews rather than Arabs.

	Eugene

-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu 
[mailto:owner-election-law_gl@majordomo.lls.edu] On Behalf Of 
Bryan Mercurio
Sent: Tuesday, April 18, 2006 7:22 AM
To: Michael Richardson; election-law@majordomo.lls.edu
Subject: RE: Brad Smith column is inaccurate


Michael, the comments are still offensive and not becoming a 
politician or any upstanding member of society. I think you 
fail to understand the close association between Israel and 
the Jewish faith. 

Fulani went far beyond merely expressing 'distaste' for the 
Israeli military and any post-comment rationalisation does 
not change the meaning of the words/statement. 

This still does not answer your first question, which I do 
think is interesting.

Bryan Mercurio


-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu on behalf of 
Michael Richardson
Sent: Tue 4/18/2006 9:17 AM
To: VOLOKH@law.ucla.edu; election-law@majordomo.lls.edu
Subject: RE: Brad Smith column is inaccurate
 
Greetings!



My appreciation to Eugene Volokh for his sleuthing on the 
context of the sentence fragment that hangs like a cloud over 
the electoral efforts of Lenora Fulani.  Professor Hasen will 
probably have to pull the plug on this discussion thread as 
the "near urban myth status" of the fragment makes this a 
never-ending story.  However, I will take one last bite at 
the apple and risk getting tarred with the brush used on Fulani.

1)  No one has responded to my observation that the disputed 
commentary was outside the scope of a political campaign and 
outside a federally funded election contest which is where 
the immediate discussion began.

2)  Now that we know the context for the sentence fragment 
was a play review, by Fulani, of a play about Zionism written 
and produced by her Jewish mentor Fred Newman I believe the 
anti-semitic charge fails.

3) The "sell their souls" comment, in the context of a play 
review is not an extreme statement but represents the poetic 
license often found in performance reviews by many reviewers.

4)  The "to function as mass murders of people of color" 
comment is not directed at people of Jewish faith, as the 
sentence fragment so often quoted would lead one to believe.  
Rather, if you examine the construction of the full sentence, 
it is a commentary on the actions of a country, Israel.  In 
other words, political commentary on a nation-state.

One may not agree with Fulani's distaste for Israeli 
militarism but the charge of "anti-semitism" is overreaching.

Michael Richardson


	________________________________

	From: "Volokh, Eugene" <VOLOKH@law.ucla.edu>
	To: <election-law@majordomo.lls.edu>
	Subject: RE: Brad Smith column is inaccurate
	Date: Mon, 17 Apr 2006 15:10:10 -0700
	
	
	    I'm a big believer in trying to slay urban myths, 
but shouldn't the labeling as an "urban myth" or as a "near 
urban myth" follow discovery of the context, rather than preceding it?
	 
	    Here is the best source I could find, based on a 
quick google search, though I'd love to see more, of course.  
It's a column by Ed Koch, and it purports to quote a response 
he got from Lenora Fulani on this very point; unless Koch is 
misquoting Fulani's response, the response does not seem 
particularly exculpatory.
	 
	 
	http://www.newsmax.com/archives/articles/2005/4/19/162942.shtml
	 
	Lenora Fulani is once again in the news. Last year, Abe 
Foxman, national director of the Anti-Defamation League, 
wrote a letter published in The New York Times. Mr. Foxman 
wrote, "Ms. Fulani has stated that Jews 'had to sell their 
souls to acquire Israel and are required to do the dirtiest 
work of capitalism - to function as mass murderers of people 
of color - in order to keep it.'"

		I was shocked at Ms. Fulani's clearly 
anti-Semitic statement and wrote to the chair of the 
Independence Party, stating in part: 

	"A Daily News article of December 7 written by Lisa 
Colangelo states, 'Party representatives have said the quotes 
were taken out of context.' I would appreciate knowing the 
proper context of Dr. Fulani's remarks referred to by 'party 
representatives.' I cannot conceive of any context in which 
Ms. Fulani's comments could be perceived as other than 
anti-Semitic, but perhaps there was a unique context which 
gave the remarks a benign rather than a malignant meaning."

		On December 16, 2004, Dr. Fulani wrote, "The 
context of the remark quoted by Mr. Foxman in his April 20, 
2004 letter to the New York Times is a theatre review I wrote 
in 1989. The play, No Room for Zion, was written by Fred 
Newman and was produced that year at the Castillo Theatre. 
The play was part memoir, part political critique of the 
Jewish experience in the post-war period. My review dealt 
specifically with the issue of nationalism and its dangers. 
In this case I was remarking on how black America should 
learn from the tragedies experienced by Jewish people. I wrote:

		'As I sat and listened I saw more deeply in 
Fred's teaching the historical pitfalls of nationalism. After 
all, according to nationalistic ideology, the Jewish people 
have gotten the ultimate - land, in the form of a nation 
state. The fact is, however, that they had to sell their 
souls to acquire Israel and are required to do the dirtiest 
work of capitalism - to function as mass murderers of people 
of color - in order to keep it.'

		"Because my comment was about the play and, 
more importantly, because the production was an expression of 
Newman's views which have significantly shaped my own, I 
asked him to write to you to provide the larger historical 
and intellectual 'context' in which both the play and my 
review were written. I have enclosed his letter, which I hope 
will shed further light on the issue at hand."

		Newman's letter stated: "'The dirtiest work of 
capitalism - to which Dr. Fulani referred in her article - 
'to function as mass murders of people of color' is to act as 
its garrison state in an increasingly hostile and unstable 
Arab and Muslim world. The language is harsh. The reality, as 
we now see, is even more harsh."

		Mr. Newman closed with "Perhaps this brings us 
to a bottom line. It may be that my views - the views of a 
leftist - are distasteful to you and that you would choose to 
criticize me for them. That, of course, is your prerogative." ...

			
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