The double standard of free speech may cost one doctor his career

There is a petition circulating, initiated by Defenders of Free Speech, to stand with Dr. Darren Klugman, who is a doctor and professor at Johns Hopkins University School of Medicine.

On Oct. 7, Dr. Klugman spoke out about the atrocities committed by Hamas that day. As a result of speaking out on social media, he has been suspended by Hopkins with possible termination, and the American Board of Pediatrics has begun the process of revoking his board certifications. His family has received death threats, requiring round-the-clock security.

Why has this happened to him? Dr. Klugman, whose elderly mother lives in Israel, posted several strongly worded tweets within 48 hours of the genocidal attack by Hamas on Israel.

“Palestinians showing world exactly who they are & what they want – dead Jews & no more Israel,” “Palestinians are bloodthirsty morally depraved animals who want every inch of Israel and all Jews dead,” and “Israel has no peace partner with the Palestinians, barbaric animals with no concern for life.” He went on to support the complete victory of Israel over Hamas.

Dr. Klugman did engage in one conversation on Oct. 7 with a Palestine supporter who accused Israel of calling for a “large scale slaughter… spread out massacres across a year to displace Palestinians,” to which he replied, “G-d willing.”

No one noticed these tweets until Nov. 12, when Stop Zionist Hate, a group committed to “exposing zionists”, began a defamatory hate campaign against Dr. Klugman. They twisted his words and claimed that Dr. Klugman “advocates genocide, calls people of certain ethnicities ‘depraved animals,’ and glorifies/promotes violence.”

Dr. Klugman immediately deleted his tweets and emailed an apology to his academic colleagues. His division chief also drafted an email letting the department know that leadership was aware of the situation. Within hours these internal confidential communications were leaked by an unidentified source. The screenshots of both emails, which were only accessible to members of his department, were posted to the Stop Zionist Hate X account.

The Council on American-Islamic Relations filed a complaint with the Maryland board of Medicine against Dr. Klugman. On Nov. 15, Johns Hopkins informed him that he was suspended from Hopkins and was no longer permitted to have direct contact with his colleagues.

Stop Zionist Hate posted a video of Dr. Klugman taken from the Hopkins website that they edited and distorted, called for his resignation, and labeled him a “supporter of genocide.”

Almost a week later, Dr. Klugman received notification from the American Board of Pediatrics that his board certifications were to be suspended for no less than five years which he is appealing.

Zainab Chaudry, director of the Maryland chapter of CAIR, and the person responsible for filing the complaint with the Maryland Board of Medicine, was suspended from the state’s hate commission for a history of antisemitic social media posts, and she refuses to withdraw her comments. She believes Dr. Klugman should be held to a different standard because he is a physician.

Defenders of Free Speech initiated their petition in support of Dr. Klugman because this is an antisemitic defamatory hate campaign directed at a respected Jewish Zionist. Dr. Klugman was exercising his free speech right to condemn the actions of Hamas on Oct. 7 on social media. Rather than support him after his apology, JHU suspended him.

Other Hopkins physicians have posted countless slurs and hatred against Israel, Jews, and Israelis since the Oct. 7 massacre. One example: “I hate Israel not because it’s a Jewish state, but because it’s a Jewish supremacist state committing genocide.”

In November a group of self-identified JHU doctors, nurses and medical students held a pro-Palestinian rally outside the hospital chanting "there is only one solution, intifada revolution" and "Zionism must go" with no recourse.

With an impeccable track record of care for patients of all ethnicities and religions, Dr. Klugman has been vilified and his comments twisted by antisemitic hate groups. Chaudry, on the other hand, has a long-standing history of antisemitic beliefs, and claims a free speech right to her comments that she continues to spew. Dr. Klugman has dedicated his career to saving the lives of children of all ages with congenital heart disease. Vile antisemitism, veiled as free speech stands not only to threaten his career but worsen the lives of many children and families who benefit directly from his compassionate care and expertise. The discrimination of Jewish free speech must be called out and Jews must be protected by the same constitutional rights granted to others.

To read the petition and show support for Dr. Klugman go to https://chng.it/ZqWp5QPQZt.

Petition Update

The Free Speech organization FIRE (Foundation for Individual Rights and Expression) has issued the following press release on behalf of Dr. Klugman:

Johns Hopkins University investigates professor for anti-Palestinian commentary

By Leslie Corbly

December 21, 2023

Johns Hopkins University professor Darren Klugman is the latest victim of overzealous administrative action in the continuing tumult caused by the Israeli-Palestinian conflict.

JHU has placed Klugman, a School of Medicine professor as well as a student in the business school, on indefinite leave and opened an investigation following his anti-Palestinian social media posts. Now, FIRE is calling on JHU to honor its commitment to freedom of speech by immediately dropping its investigation into Klugman’s expression and rescinding any disciplinary action taken against him.

JHU’s actions prompted FIRE to write the university to explain why investigating Klugman and placing him on leave violates the institution’s commitment to freedom of speech, which guarantees Klugman — as a member of the faculty and student body — the right to speak and debate without “fear of restraint or penalty . . . even when those views are provocative or unfamiliar.” Based on this promise, Klugman would reasonably believe he is free to speak his mind on a matter of public concern without fear of punishment — even if others find his words offensive or hateful.

In the same vein, JHU may not punish merely uncivil expression. The American Association of University Professors has long criticized “civility” standards as pernicious threats to free expression. Indeed, committing to free speech means protecting heated and even intemperate debate on sensitive and controversial matters of public concern — such as the matters that Klugman’s posts address.

JHU’s investigation into Klugman’s posts as discriminatory harassment is likewise meritless because they also do not meet the legal standard for peer-on-peer discriminatory harassment. Even incendiary social media posts, without more, do not meet the “severe, pervasive, and objectively offensive” requirement for actionable harassment.

Allegations that Klugman’s posts amount to “threats” are also unfounded. A true threat requires a statement of serious intent to commit unlawful violence. Speech advocating for or endorsing violence is not a true threat, absent more, nor is the use of hyperbolic politized language.

Finally, JHU’s charge that Klugman violated the student code of conduct by engaging in conduct that “adversely affect[s]” the university’s “integrity or mission” is groundless. This provision is incompatible with the free speech principles JHU promises to uphold; such a vague, subjective standard is too easily abused by administrators. Students cannot reasonably know what behavior violates this boundless provision, allowing for selective discipline based on the subjective opinions of administrators.

FIRE continues to call on JHU to honor its strong commitment to freedom of expression by dropping its investigation of Klugman and rescinding any disciplinary action it has taken against him.