What is the Palestine exception?

The Palestine Exception is a phrase widely used by people who follow free speech and academic freedom issues. The common use of the phrase speaks to a widespread acknowledgement that speech and scholarship around Israel-Palestine are handled very differently than other speech and scholarship in the United States and that Palestine, specifically advocacy for Palestine, has long served as the limit case of what is deemed politically acceptable. The First Amendment should protect the right to advocate for Palestinian freedom, but powerful social forces punish those who do through work-arounds or selective interpretation of the law and also punish those who do not act quickly enough to crush pro-Palestinian advocates. 

 

Politicians, board members, and donors are pressuring universities and colleges to violate academic freedom and the First Amendment by punishing faculty and students who criticize Israel and/or express support for Palestinians. Political coercion was most spectacularly on display at the Dec. 5. 2023 congressional hearing of three Ivy League presidents, two of whom were forced by their Boards to resign soon afterwards. The House Committee on Education and the Workforce, chaired by Republican congresswoman Virginia Foxx, followed up by demanding universities surrender thousands of confidential documents relating to speech regarding Israel-Palestine. Following in the wake of other states such as Indiana, Governor Abbot issued an executive order to combat antisemitism that requires universities to adopt an overly expansive definition of antisemitism that requires Texas universities to enforce a speech code that will surely censor and chill speech opposed to Israel’s war on Gaza. Donors, as exemplified by Bill Ackman, mount aggressive campaigns to try to force university presidents and other administrators to punish speech that the donors perceive to be antisemitic, threatening to withdraw their dollars if administrators do not. The Palestine Exception has never been more aggressively enforced than it is today.

 

See The Palestine Exception Must Go by Mohammad Fadel, Chronicle of Higher Education, April 24, 2024.

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What is the vision for the film?​

The Palestine Exception tells a story of the largest anti-war movement since Vietnam and draws parallels between past eras of McCarthyism and the contemporary censoring of Palestine activists and scholars on college campuses in response to global protests against Israel’s genocidal assault on Gaza.

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Why are you qualified to make this film?

The documentary is directed by Jan Haaken and Jennifer Ruth, filmmakers and scholars who bring extensive experiences as socially engaged educators to the project. Jan Haaken, a professor emeritus of psychology at Portland State University and a clinical psychologist, has directed numerous documentaries that explore contested social spaces and cultural controversies. Her films span diverse settings, including refugee camps, war zones, and mental hospitals, and have received accolades such as the Lena Sharpe Persistence of Vision award. Haaken's expertise in documentary methods, feminism, and psychoanalysis, along with her published works on violence, trauma, and psychiatric diagnoses, provide a robust foundation for addressing complex socio-political issues. Jennifer Ruth, a professor of film studies at Portland State University, has written extensively on academic freedom and higher education in prestigious outlets and co-authored significant works on these topics. Her involvement with the AAUP and editorial roles underscore her commitment to academic freedom. Ruth's academic and practical experience in film studies, combined with Haaken's extensive documentary filmmaking background, positions them to tackle the nuanced subject of the Palestine exception.​

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When and where was the film made?

The film was shot over the course of 2023-2024 in multiple locations. Much of the filming was done in Portland, OR and New York City. In addition, archival footage has been gathered from a variety of sources. 

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Why aren’t there any leading Israeli perspectives?

Part of the challenge with the Palestine exception is the silencing of the Palestinian perspective and the voices of those advocating for Palestinian rights. The Israeli perspective is ubiquitous throughout the mainstream media. This film is about showing how the other side is censored and blacklisted for speaking about the Palestinian perspective. 

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Since the film tells a story of anti-Zionist activists, would some consider The Palestine Exception anti-semitic?

In the making of this film, we took great care to be respectful to Jewish people and culture. We hope that through this type of expression, we can create a world that is safer for Jews and Palestinians, while reducing anti-semitism. However, there will still be critics of what we produce. 

 

As addressed in the film, accusations of anti-semitism are a common way for staunch supporters of Israel to deflect criticism from the actions of the government. This film is not anti-semitic, but seeks to represent how anti-semitism cannot be used as a shield for a government committing war crimes or for the complacency of governments in stopping a genocide. 

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Why focus on a conflict happening on the other side of the world?

Palestine is a flashpoint in American discourse. It represents the limit on free speech and academic discourse. We’ve seen students beaten by police, professors fired, and university presidents forced to step down from Congressional pressure in McCarthyite hearings. While Israel’s war in Gaza may be thousands of miles away, it has effects on the US and people living here. Hundreds of thousands have taken to the streets to protest the genocide in Gaza, calling on the US government to cut ties with Israel and stop spending billions in American tax dollars on funding apartheid. 

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What can I do to get involved?

The first thing we would recommend is that you look at our list of sponsors. Many of these organizations are groups we worked with in the making of this film, and many hold protests and events in support of Palestinian liberation. A great one to start with is Jewish Voice for Peace (JVP). Sophie Smith, a main character in the film, is a part of JVP Portland, one of many chapters across the United States. 

 

In addition to looking at organizations, you can check out our resource page. On there we have helpful links to articles, books, videos, and organizations that can deepen your understanding of Palestine and Israeli occupation. If you don’t have time to volunteer, maybe you can be a voice in your family in support of Palestine.