West Virginia University subjected a Jewish student to a five-month investigation and a no-contact order simply for distributing pro-Israel literature, raising serious concerns about free speech suppression on American campuses.
Key Takeaways
- Jewish student Eliyahu Itkowitz faced university investigation for distributing Alan Dershowitz’s book “The Ten Big Anti-Israel Lies” on campus.
- A Muslim dining hall employee falsely claimed the book was “anti-Muslim” and attempted to have Itkowitz banned from the dining hall.
- Despite finding no misconduct, WVU issued a no-contact order against Itkowitz, which the Foundation for Individual Rights and Expression (FIRE) condemned as an attack on protected speech.
- The case highlights growing concerns about university complaint processes being weaponized to silence conservative and pro-Israel viewpoints.
- FIRE has called on WVU to revise its policies to prevent future abuse of the disciplinary system against protected speech.
Free Speech Under Fire at West Virginia University
A disturbing case of free speech suppression has emerged at West Virginia University, where Jewish student Eliyahu Itkowitz was subjected to months of investigation and restrictions simply for distributing pro-Israel literature. The situation began when Itkowitz offered a copy of Alan Dershowitz’s book “The Ten Big Anti-Israel Lies: And How to Refute Them with Truth” to Hannah Harper, a dining hall employee who had recently converted to Islam. Harper subsequently filed a complaint with university officials claiming the book was “anti-Muslim” and attempted to have Itkowitz banned from the dining hall.
Despite video evidence and witness testimony contradicting Harper’s claims of harassment, WVU launched a full investigation through its Division of Diversity, Equity, and Inclusion (DEI). The investigation dragged on for five months, during which Itkowitz faced the threat of disciplinary action for engaging in what legal experts maintain was constitutionally protected speech. This represents yet another example of campus DEI offices being used as political enforcement mechanisms against conservative viewpoints, particularly those supporting Israel.
False Claims and Administrative Overreach
The situation escalated when Harper falsely told her manager that Itkowitz had been banned from the dining hall, resulting in campus police being called when he later attempted to enter. According to FIRE’s investigation, Harper’s allegations against Itkowitz included claims that he made anti-Muslim comments, which he firmly denied. Video evidence and witness accounts failed to support Harper’s accusations, yet the university continued its investigation and ultimately issued a no-contact order against Itkowitz despite concluding he had not violated any university policies.
“The university launched an investigation, despite the fact that even if all of her allegations against Eli were true, and there is evidence to suggest that they aren’t, all of the described actions constitute protected speech under the First Amendment,” said Jessie Appleby of the Foundation for Individual Rights and Expression.
Harper’s report to campus police and the university’s DEI office alleging the book was anti-Muslim represents a troubling trend where disagreement with political content is falsely labeled as bigotry or harassment. This manipulation of university complaint systems appears designed to silence conservative and pro-Israel voices on campus, creating a chilling effect that discourages students from expressing views that might contradict progressive orthodoxy. The university’s willingness to pursue an investigation based on protected speech raises serious constitutional concerns.
A Pattern of Free Speech Suppression
FIRE has highlighted that this is not an isolated incident but rather part of a concerning pattern. Similar situations have occurred at other institutions, including Princeton University, where pro-Israel students faced no-contact orders after expressing their views. These cases demonstrate how university disciplinary processes are increasingly being weaponized against students with conservative or pro-Israel perspectives. The foundation has called on WVU to follow Princeton’s example by ceasing the practice of issuing no-contact orders based on protected speech.
“Because the investigation itself threatened discipline, it chilled free speech. It lasted five months, exhaustive interviews, and the no-contact order even though it never found him guilty of misconduct. Eli should not feel threatened that exercising free speech will incur disciplinary sanctions,” said Jessie Appleby of FIRE.
FIRE has emphasized that universities should conduct preliminary reviews of complaints to determine if they involve protected expression before launching formal investigations. This approach would prevent the abuse of disciplinary processes to silence political opponents while still allowing legitimate harassment complaints to be addressed. The foundation has specifically criticized WVU for enabling ideological disagreements to be weaponized through its complaint process, pointing to this case as evidence of systemic problems in how the university handles free speech issues.
Defending Academic Freedom
The controversy surrounding Itkowitz’s case highlights the broader struggle to maintain genuine academic freedom on college campuses. Universities must balance their responsibility to prevent discriminatory harassment with their constitutional obligation to protect free speech. In this case and others like it, the balance appears to have tipped dangerously away from free expression, particularly when it comes to pro-Israel viewpoints. The five-month investigation of Itkowitz over protected speech activities creates a chilling environment where students may self-censor rather than risk similar treatment.
“By launching investigations and issuing no-contact orders based on complaints solely alleging protected expression, WVU is allowing students and staff with ideological disagreements to use its complaint process as a cudgel to silence opponents,” said Jessie Appleby of FIRE.
President Trump’s administration has consistently championed free speech on college campuses, recognizing that the exchange of diverse viewpoints is essential to America’s educational system. The targeting of a Jewish student for expressing pro-Israel views runs directly counter to these values and demonstrates why conservatives have been sounding the alarm about ideological bias in higher education. Cases like this one at WVU reveal how quickly administrative processes can be corrupted to enforce political conformity rather than protect the constitutional rights of all students.
