From Maine to California and everywhere in between, Americans exercise their free speech rights in the form of peaceful protests every day, oftentimes with little fanfare or outside interference.

Members of the Irvine 11 were convicted for disrupting the speech of Israeli Ambassador Michael Oren and sentenced to community service. Several civil rights organizations have question the situation as a case of selective prosecution, with the ACLU of Southern California calling it “unprecedented.” Pictured are members of the 11 including Khalid Akari (third from right) and Taher Herzallah (far right). Photo courtesy of Liberty Zabala/Garden Grove TV3

On February 8, 2010, 20-year-old bioengineering major Khalid Akari joined nine fellow college students and dozens of supporters in another classic example, as he stepped forward during a school-sponsored speech from Israeli Ambassador Michael Oren at the University of California-Irvine in protest of a representative of the state that is condemned by more UN Human Rights Council resolutions than any other in the world. 

“Your country has committed massive crimes against Gaza,” Akari said. “You dropped (white) phosphorous bombs on the most densely populated area in the world.” 

Others spoke up, shouting statements such as, “It’s a shame this university has sponsored a mass murderer like yourself.” 

Each time, the statements were drowned out by threats and harassment from the crowd before protesters complied with police orders to peacefully leave the room. About a third of the room comprising people from various ethnic and religious backgrounds also left after the tenth protester had finished. 

Following the protests, 10 of the protesters were arrested, including an 11th who was quietly arrested bringing the total to 11. Hence the now-famous term “Irvine 11” was born. 

And despite peacefully leaving the scene, the 10 protesters were convicted of unlawfully disrupting Oren’s speech on Sept. 23 and placed on probation, leaving rights groups and many others wondering about a double-standard. The 11th person arrested had charges dismissed. 

“I was mostly surprised by the verdict because I felt that we would have justice in the matter in terms of being treated like every other college student, as many others have protested like us all the time…I thought the people of Orange County would side with the peoples’ right to speak out,” Akari said to The Arab American News. 

Support for Akari and the others has come from all over, ranging from the ACLU of Southern California to school officials to the American-Arab Anti-Discrimination Committee and various media outlets. 

Erwin Chemerinsky, the dean of the law school at UC Irvine, criticized the criminal charges as being “unnecessarily harsh and divisive,” saying that it was a “terrible mistake” to prosecute the students, who represented the Muslim Student Union on campus, adding that it was a “shame.”

Chemerinsky and many others have said that while the conviction was not a surprise according to the letter of the law, the selective prosecution of the students remains quite worrisome. 

The ACLU of Southern California also called the case “unprecedented,” saying that it worries that the case will have far-reaching implications for future protests.

But the prevailing concern at this point in time is mainly for students of color, the ACLU said, and others believe that supporters of Palestine and American Muslims are particularly targeted. That includes Irvine 11 defense attorney Dan Stormer, one of a team of six who defended the group. 

“I think this has arisen from a level of Islamophobia that has become pervasive in our society,” he said. “Two or more protests had previously been held in that very room on that very campus and there were no arrests, much less prosecutions.” 

He noted that the campus’ College Republicans organization had previously on two occasions prevented Muslim Student Union guests from speaking and said that similar tactics have been used toward the MSU students at places like UC-Berkeley, the University of Chicago and other campuses. 

Stormer said the prosecutors in the traditionally conservative Orange County were originally seeking jail time but believes that the clean records and sincerity of the students led the judge to eventually sentence them to 56 hours of community service instead, along with probation. 

Despite added concerns for those who protest against such issues, 22-year-old UC-Riverside student and political science/international affairs major Taher Herzallah, a member of the 11, said that he will not be afraid to stand up again should he feel the need to do so. 

“As long as someone is there who represents the apartheid system and genocidal policies of the state of Israel, we will be there to protest,” he said. 

“We will be there to present the voice of the voiceless people.” 

Herzallah said that many media outlets have taken the situation out of context, saying they did not present the side of the 11 protesters and their supporters. He said that it was a university-sponsored event, which the group took issue with, and said that the school has never sponsored a speaker for the Palestinian side. 

Following the controversy, the Muslim Student Union was suspended by the university for an academic quarter and put on probation for two years.

But support continues to pour out to the 11 and the organization through emails to the site Irvine11.com, which has softened the blow for many of the protesters. Many supporters have pledged to join them for their community service appointments as well. 

On October 11, a Solidarity Day with the 11 is expected to take place at various college campuses with protesters wearing red shirts and taping their mouths shut to symbolize the loss of free speech. 

Stormer said he has been impressed by the support for his clients as they continue to demand free speech for all regardless of race, religion, or political content. 

“The level of support for the Irvine 11 has been amazing, just absolutely amazing,” he said.