Once December 13, Jewish student Eliyahu Itkowitz was reported by Muslim student Hannah Harper for passing out copies of The Ten Big Anti-Israel Lies by Alen Dershowitz, which was a part of a community service project. Harper also accused Itkowitz of making offensive remarks in the dining hall, which was not corroborated by any witnesses.
Itkowitz has since notified of the allegations concerning “religious discrimination and harassment causing a hostile environment” from the university, which has been investigating Itkowitz over the last several months.
Foundation for Individual Rights and Expression (FIRE) wrote a letter to the WVU on June 16, condemning their investigation against Itkowitz.
Campus Reform reports that the university eventually dropped the case and chose not to pursue it further. FIRE believes that this case was “chilling and unnecessary” in the first place.
FIRE argued that Itkowitz's First Amendment rights were violated by the university. FIRE attorney Zach Greenberg argued that exposing students to controversial ideas is a part of the college experience.
"Passing out literature is a core First Amendment activity protected by not only the school's policies but also the applicable law and the student's expression, although it may be offensive to others, be protected..." Greenberg says.
Greenberg reports the school put Itkowitz under a no-contact disciplinary measure after the book incident, which he says was inappropriate for this circumstance.
"These no-contact orders are supposed to be between students who are undergoing the disciplinary process, generally in terms of issues regarding violent crimes or sexual assaults, sexual misconduct. They're inappropriate when used between students who are simply having a conversation or talking with one another about the important issues of our day," Greenberg defends.
