Sign up now to receive our regular news briefs.

Lawyers Challenge ASA Non-Profit Tax Exempt Status After Israel Boycott

January 7, 2014 11:55 am 0 comments
Haifa University, which, with other Israeli institutes of higher education, would be boycotted by the ASA vote. Photo: Wikipedia

Haifa University, which, with other Israeli institutes of higher education, will be boycotted following he ASA vote. Photo: Wikipedia

A group of lawyers led by , Clinical Professor of Law and Director of the Securities Law Clinic, at Cornell University Law School, have challenged the American Studies Association’s non-profit 501(c)(3) tax exemption charter in a whistleblower complaint to the Internal Revenue Service, the U.S. tax authority.

Last month, the ASA membership voted to endorse an academic boycott of Israel, which has since been rejected by some 125 major universities, though, not necessarily by individual departments or professors at those schools.

At the time, Jacobson, also the author of the Legal Insurrection blog said he, with the help of tax lawyer expert Alan P. Dye, Esq., a partner at Webster, Chamberlain & Bean, LLP, would challenge the ASA’s status because of the vote.

Jacobson told The Algemeiner that the procedure has worked in the past, most notably in the 1983 case of Bob Jones University v. United States, though it took a decade to work its way through the IRS, courts, and the Supreme Court.

The introduction to the brief explains why the ASA should lose its tax-free status:

“ASA’s academic boycott is not consistent with its educational exempt purpose. ASA’s academic boycott is anti-educational, seeking to sever the free exchange of ideas and interactions among scholars and institutions so critical to higher education.

“ASA’s academic boycott is deemed such a threat to academic freedom and the educational process that major non-partisan organizations representing virtually every higher educational institution and almost 50,000 university professors have denounced the academic boycott. Over 100 individual university presidents have done the same, and the number is growing.

“These denunciations have been without regard to where one stands on the Middle East dispute, and are grounded in the threat academic boycotts present to education, not Middle East politics. ASA’s exempt purpose would be violated even if ASA took the other side of the political issue, and boycotted Arab universities and scholars…

“The issue here is very specific to an exempt “educational” organization engaging in an academic boycott.

“This particular ASA academic boycott is even worse, because in addition to being anti-educational, it is based explicitly on national origin in violation of the public policy against such discrimination. In addition, the international boycott of which ASA now is a part traces its roots directly to the anti-Semitic Durban NGO conference in 2001 and the anti-Jewish sentiment of the Palestinian boycott movement.”

Last month, the ASA said 66.05% voted in favor of the boycott, 30.5% voted against and 3.43% abstained. While the ASA said the vote signified the largest turnout in its association history, at only about 25% of its 5,000 members, it would mean that only 16% actually voted in favor of the resolution.

Leave a Reply

Please note: comments may be published in the Algemeiner print edition. Comments written in all caps will be deleted.


Current day month ye@r *

More...

  • Arts and Culture Second Jaffa Jazz Festival to Reunite International, Israeli Musicians

    Second Jaffa Jazz Festival to Reunite International, Israeli Musicians

    For the second time, Israel will host the Jaffa Jazz Festival, according to Broadwayworld.com. The festival will unite 43 Israeli musicians and eight international artists for a three-day event. The program will include a special performance by an ensemble of top jazz students studying at Belgium’s Royal Conservatoire of Antwerp, the Belgrade Music Academy in Serbia, Israel’s Rimon School of Music and the jazz program of the Israel Conservatory of Music in Tel Aviv. There will also be a jazz show for children led by Israeli saxophonist […]

    Read more →
  • Sports Israel’s First NASCAR Driver Revved Up to Win

    Israel’s First NASCAR Driver Revved Up to Win

    JNS.org – As a young boy growing up in Ashdod, Israel, Alon Day got his first go-kart at age 9. By 15, he was racing them. Less than a decade later, Day has become the first Israeli professional race car driver on the NASCAR circuit. He made history by competing in NASCAR’s Xfinity Series race at the Mid-Ohio Sports Car Course on August 13. “Driving a race car is not like any other sport,” Day told JNS.org. “You are actually almost flying […]

    Read more →
  • Arts and Culture Writer of Popular Kids Series to Premiere Autobiographical Solo Show ‘Not That Jewish’

    Writer of Popular Kids Series to Premiere Autobiographical Solo Show ‘Not That Jewish’

    The writer of a popular children’s television series will premiere an off-Broadway solo show called “Not That Jewish,” according to The Hollywood Reporter. Written and performed by Monica Piper — the Emmy Award-winning showrunner of Nickelodeon’s “Rugrats” — the show is described as “the autobiographical telling of a Jew…’ish’ girl’s life.” “Not That Jewish” explores Piper’s Bronx upbringing in a show-business family, her comedy-club debut and her “almost” night with former Yankees legend Mickey Mantle. “Audiences can expect to leave laughed-out, a little teary-eyed and […]

    Read more →
  • Sports Scottish Soccer Team Will Fly to Israel on Private Jet Used by Madonna

    Scottish Soccer Team Will Fly to Israel on Private Jet Used by Madonna

    Scotland’s Celtic soccer club will fly to Israel with the same private jet Madonna used while on tour, The Scotsman reported on Monday. According to the report, the team is heading for the Jewish state to compete against Israel’s Hapoel Be’er Sheva on Tuesday night, and will be transported in the customized, luxurious Boeing 757-200 that the pop icon used in New Zealand for her six-month Rebel Heart tour, which wrapped up in March. The plane is on loan from Greece-based GainJet Aviation and can accommodate 62 passengers. The […]

    Read more →
  • Arts and Culture Revealed: Actor Jonah Hill Officiated at Wedding of Fellow Jewish Star, Singer Adam Levine

    Revealed: Actor Jonah Hill Officiated at Wedding of Fellow Jewish Star, Singer Adam Levine

    Jewish actor Jonah Hill revealed on Wednesday morning that he had officiated the wedding of good friend and Maroon 5 frontman Adam Levine. The “War Dogs” actor, 32, was a guest on Sirius XM’s The Howard Stern Show when the conversation turned to Levine’s July 2014 wedding to Victoria’s Secret model Behati Prinsloo. Hill said that after he was asked to officiate the nuptials, he started getting worried about the type of speech he was going to deliver. “I’m writing all these things, and then I […]

    Read more →
  • Arts and Culture Music Jewish Indie Rocker Dedicates New ‘Refugee’ Track to Grandfather Who Fled Nazi Persecution

    Jewish Indie Rocker Dedicates New ‘Refugee’ Track to Grandfather Who Fled Nazi Persecution

    Jewish indie singer Ezra Furman released a song on Wednesday that he said was dedicated to his grandfather, who escaped Nazi persecution. Furman told the website Consequence of Sound that the new track, called “The Refugee,” is his “first song entirely concerned with my Jewish background and present, a song dedicated to my grandfather who fled the Nazis, as well as to all of the refugees desperate for a home today.” He added, “May all the wanderers find the homes they seek, and […]

    Read more →
  • Arts and Culture Uncanny Toy Replica of Israeli ‘Wonder Woman’ Gal Gadot Auctioning on eBay for Over $1,600

    Uncanny Toy Replica of Israeli ‘Wonder Woman’ Gal Gadot Auctioning on eBay for Over $1,600

    An artist is auctioning on eBay a Wonder Woman doll he purchased and repainted to create an uncanny replica of Israeli actress Gal Gadot, who will play the superhero in an upcoming 2017 spin-off film. Noel Cruz purchased a 19-inch action figure of the Batman v Superman star and replaced its plastic hair with a new wig, and added a material belt and Princess Diana’s lasso, according to the blog Io9, which first reported on Cruz’s work. He then painted the doll to make it look like the […]

    Read more →
  • Arts and Culture British Jewish Star Daniel Radcliffe Hopes New Movie About Neo-Nazis Will Spark Dialogue to Defeat Antisemitic Rhetoric

    British Jewish Star Daniel Radcliffe Hopes New Movie About Neo-Nazis Will Spark Dialogue to Defeat Antisemitic Rhetoric

    Racist and antisemitic rhetoric supported by white supremacists can be defeated by opening channels for meaningful dialogue, British-Jewish actor Daniel Radcliffe said, ahead of the release of his new film, in which he plays an undercover FBI agent infiltrating a neo-Nazi group. “[White supremacist ideologies] have more power the less we talk about them. So hopefully this does start a kind of conversation, which would be a tiny part of a much larger conversation that needs to happen,” the actor, 27, told The […]

    Read more →