News, Views and Careers for All of Higher Education
May 26, 2006
A group of students and professors announced plans Thursday to sue federal officials to make it easier for scholars to teach and learn in Cuba. The suit, to be filed next week in federal court, contends that travel regulations implemented by the Bush administration in 2004 have impeded academic freedom. It will name U.S. Treasury Department Secretary John W. Snow as a defendant, since his department is in charge of enforcing embargo rules set forth by the administration.
Co-plaintiffs include a group of about 450 academics in 45 states, known as the Emergency Coalition to Defend Educational Travel, along with Wayne W. Smith, an adjunct professor of Latin American studies at Johns Hopkins University; John W. Cotman, a professor of political science at Howard University; and two undergraduates at Hopkins, Jessica Kamen and Adnan Ahmad.
“Academic exchanges and the research they embody have been virtually cut off,” Smith said Thursday at a National Press Club briefing, during which the lawsuit was announced. “Really, there’s been a devastating effect on the freedom of American scholars to go to Cuba and do research.”
While some notable past lawsuits challenging U.S. travel embargo rules have failed, Robert L. Muse, the attorney representing the parties, is confident that focusing on academic freedom adds a unique strength to the argument. He said that several regulation changes made in 2004 by officials with the Department of Treasury’s Office of Foreign Assets Control, or OFAC, violate what Supreme Court Justice Felix Frankfurter called the “four freedoms” of a university — the freedom to determine who may teach; what may be taught; how it should be taught and who may study.
Muse also cited a May 19 Miami Herald article, which indicated that the Bush administration may be considering tighter restrictions on trips made to Cuba by U.S. academic and religious groups. Some policymakers have argued that such restrictions are necessary to limit American spending in the Communist nation.
Regulations have already dramatically hampered student academic freedoms, according to the plaintiffs. For instance, the office required that educational programs in Cuba could in “no instance include fewer than 10 weeks of study in Cuba.” Many travel abroad intersessional programs are much shorter, often lasting less than three weeks.
Kamen, who expects to graduate in 2007 from Johns Hopkins with degrees in political science and Spanish, is currently taking a class taught by Smith, called “Cuba and U.S. Decision-Making.” She had planned to take a for-credit course in Cuba before the 2004 rules, but now, if she is to graduate on schedule, she will not be able to do so.
The Treasury Department also placed restrictions on the types of professors who could teach Cuban programs, with only “full-time permanent employee[s]” of OFAC licensed academic institutions being able to legally do so. OFAC issues long-term licenses to U.S. institutions on a case-by-case basis. Some academics have questioned this process and have requested more information on how the office makes its decisions. The regulation also bars a professor at one university from teaching a course in Cuba offered by a different university.
“Howard University has been negatively impacted,” Cotman said Thursday. “We used to have at least four strong programs on Cuba that can’t operate anymore.” Cotman has conducted extensive research on Cuba’s foreign relations as they involve regional integration efforts in the Caribbean.
Cotman added that educators at the Howard University School of Law had been developing a partnership with the University of Havana that was quashed by the new regulations.
Although Smith had worked for decades in a number of capacities with governmental programs pertaining to Cuba, he can no longer teach Cuban exchange courses at Johns Hopkins because he’s an adjunct. He continues to direct the exchange program.
“It’s a blatant violation of my academic freedom,” said Smith, who also chairs Emergency Coalition to Defend Educational Travel. “I want to get back there and teach.”
An official with the Department of Treasury said not to expect comment on the lawsuit until it is officially filed. He said that it is unknown at this point whether OFAC regulations will be further tightened.
Want it on paper? Print this page.
Know someone who’d be interested? Forward this story.
Want to stay informed? Sign up for free daily news e-mail.
Advertisement
It is absolutely impossible to study Cuban literature in its proper context without access to the island itself. Understanding that literature is the key to understanding the Cuban cultures both on the island and in exile, as well as the various political positions that have resulted.
Politicians controlling our access to this information seem to confuse studying ideas with endorsing those same ideas.
It is impossible to gain any deep understandong of the island’s current literary milieu without observing it, visiting it, holding exchanges with it, taking part in it. There are enough complicating factors regarding access to Cuban literature, books, and information as is without the U.S., flagship of free speech and free press, adding to the problem.
If we cannot have access to what is actually being written in Cuba right now, and a study of circumstances under which that writing does (or does not) take place, we cannot possibly study Cuban literature in any meaningful way. Not being able to do so leaves everyone on ALL sides open to the real and physical dangers of half-baked, reductionist, cherry-picked, pseudo-intellectual approaches that the current administration has exhibited in its written plans for post-Castro Cuba.
writer, at 2:10 pm EDT on May 26, 2006
As a Cuban-American (as though that would make the arguement more or less true) I think the academic community is missing the point. Despite boycotts on Israel and South Africa for human rights issues, the far greater issues in Cuba are ignored by a community that would like to whitewash Cuban history. Perhaps the academic community would be brought to its senses by seeing the actual conditions in Cuba. Most likely, however, they will show up in posh tourist hotels and hand over loads of money to prop up Castro and his goon squads and come back praising the Cuban beaches.
Kevin, Undergraduate, at 5:50 pm EDT on May 26, 2006
Kevin, For what it is worth, you might want to actually ask the academics that have gone to Cuba what sort of accommodations they did. At best, there have always been currency controls on academics and journalists traveling abroad, so they probably did not spend money in the way that Europeans do. The few academics I know that went to Cuba lived modestly, and stuck pretty much to their research. I don’t really care one way or the other about Castro.
Larry, at 12:15 pm EDT on May 27, 2006
Everywhere, except in government, a law is a principle that applies everywhere, always, and without exception.
If the laws preventing American contact with Cuba were consistent, then it would be illegal for Americans to transact with China, Moldova, and Vietnam. If one supports the US embargo against Cuba, then one should support embargoes against all communist regimes, or even all non-democratic regimes.
The US embargo against Cuba is not achieving its goals. Canadians, Chinese, Europeans, and Latin Americans travel to Cuba for business and pleasure. (A wag might argue that Canadians, Europeans, and Latin Americans support the US embargo against Cuba, in order to keep American tourists out.)
Keeping US academics out of Cuba deprives the Cuban people of the opportunity to see that Americans are not the creatures depicted in Cuban propaganda. A much more successful policy than the US embargo against Cuba would be an Adopt a Cuban program, so that Cubans could come to see Americans as benefactors.
I am a native South Floridian. If you have not been down here, you should come see the thriving Haitian community in Broward County (Ft. Lauderdale) and Cuban community in Dade County (Miami). Both are testaments to transparent government and democratic institutions.
The people of Haiti have ready access to their friends and relatives up here. US academics and tourists travel to Haiti routinely. Granted, Haiti still has a long way to go, and the trend is in the right direction. Haitians are confronted with the disparity between the standards of living of the Haiti Haitians and the Florida Haitians.
Cubans would benefit from more contact with Americans, and not only occasional visits from their Cuban-American relatives.
Chydenius, Senior Fellow at Free Curricula Center, at 1:00 pm EDT on May 28, 2006
I agree with whatever group is trying to allow Americans to travel to Cuba. The United States prohibition of travel to Cuba is wrong. It hurts our Cuban brothers and sisters...With Love and Peace.
John Paul Cabrera, at 10:00 pm EDT on May 28, 2006
Larry, one of my spanish instructors went to Cuba two years ago. Her group of college kids stayed at a beachfront hotel and were taught in small classes by Cuban professors in a building just for foriegn students. My instructor went off the beaten path and saw the slums and the general mess there — alot of the students came back praising the beauty of the country and she saw enough to come back in general horror at life there.
Having seen the pictures my relatives used to send, I can’t say I blame her.
Kevin, Undergraduate, at 1:00 pm EDT on May 30, 2006
Kevin, Well, your story is somewhat disturbing. Some changes in the Dept. of State’s regs recently may prohibit some of the activities that you describe. Whether life in Cuba is a “horror” as compared to live in other 3d-world countries is anyone’s guess. Cuba probably has an edge over some countries with some form of Democracy in some areas, but not in others. For various reason, probably not relevant here, I am disturbed by the practice of calling undergrad junkets “research.” But what can I say? People seem to think that “Semester at Sea” is a neat thing.
Anyway, I had written, and posted what the legal arguments will probably be in this case. They didn’t make it the first time. In short, under the commerce clause of the constitution, the federal government gets to regulate commerce with Cuba. Art. I, 8, cl. 3. Careful to avoid trampling on peoples’ enumerated constitutional rights, Congress has delegated a lot of the decision-making regrading who can legally go to Cuba to the Department of Treasury. You can read the summary of them here: http://www.treasury.gov/offices/e...t/ofac/programs/cuba/cuba_tr_app.pdf. Essentially, activities that could arguably be protected by the 1st amendment are allowed. That is, press-related and church-related (and some academic) travel can be legally accomplished by applying for a permit to visit Cuba. It is a fairly comprehensive regulatory scheme which appears to reflect Congress’ and the executive’s desire, and perhaps need to regulate our relationship with Cuba, and accomplish some foreign policy goals. (Of course some think that they are misguided, but that isn’t my point.)
However, while the commerce clause provides the federal government with the power to regulate commerce between the US and other countries, by negative implication the states lack that power. So, for example, in Wardair Canada v. Florida Dept. Of Revenue, 477 U.S. 1, 7-8 (1986), the court held that, “In recognition of the importance of this conviction, we have acknowledged the self-executing nature of the Commerce Clause and held on countless occasions that, even in the absence of specific action taken by the Federal Government to disapprove of state regulation implicating interstate or foreign commerce, state regulation that is contrary to the constitutional principle of ensuring that the conduct of individual States does not work to the detriment of the Nation as a whole, and thus ultimately to all of the States, may be invalid under the unexercised Commerce Clause.”
Larry, at 2:05 pm EDT on May 30, 2006
When we give up one freedom we continue on the slippery slope to fascism...to which many will argue we have already descended. Unlike most of the world, the formerly-free people of the U.S. are not allowed to travel to Cuba. It’s O.K. to go to N. Korea, Iran, and even Iraq. But not to that — in the words of a Florida Congressman spoken today -to that ” murderous terrorist regime that imprisons people with no charges and condones state-sponsored child prostitution” I can’t believe these words can be uttered with a straight face! But even if true, how can our government justify the deprivation of a constitutional right that most of the world enjoys, or an embargo that the rest of the world condemns? We simply must stand up — when we let go of one freedom the others are surely in peril. The argument that we are propping up Castro is of course absurd...millions of (free)Canadians and Europeans contribute their Euros. So in fact our immoral and illegal embargo serves little purpose but to impoverish the residents of this Island.Regardless of how one feels about Castro Americans must get their heads out of the sand and demand that Congress stand up for our freedoms...the freedoms that we have fought so many wars and lost so many lives to defend.
Bill McLaughlin, at 6:45 pm EDT on June 14, 2006
Kevin,
You mentioned boycotts of South Africa and ISrael, neither of which were as pervasive or devestating as the long, long, long, long boycott of Cuba, which as caused life to be very difficult for years and years and years for many civlilians in Cuba. I am not aware of any real boycott of Israel. I get clothes made from there in the stores, have been there to attend a conference. I remember when Woopie Goldberg went to South Africa and other stars complained, but nothing happened to her.
Margaret
Margaret, UNLV, at 5:15 pm EDT on August 22, 2006
Advertisement
or search for jobs directly.
Posting Description: The Department of Physics at the University of Colorado at Boulder (UCB) invites ... see job
Our nursing faculty are leaders, educators and practice experts in Chicagoland. At Governors State University, we are ... see job
The UNC Eshelman School of Pharmacy invites applications for a full-time, fixed-term position at the rank of Research ... see job
Assistant/Associate Professor Pastoral Counseling The nonsectarian, interfaith graduate counseling program at Loyola ... see job
Wittenberg University Education Department Educational Leadership of Constructive Social Change see job
The University of Minnesota is a premier employer and a talent magnet attracting leading faculty and staff from around the ... see job
School of Social Sciences Department of Cognitive Sciences Computational Neuroscience Position: Postdoctoral Scholar ... see job
Job Description: Teach Health classes
Duties of Position:
see job
Job Description: The Philosophy Department is looking for someone who is willing and able to teach one or ... see job
Access to Cuba
What took them so long? It’s a dying shame that this country won’t allow normal relations with Cuba because a few hot heads in Miami have a stranglehold on Congress. It’s interesting because CHINA is doing business with CUBA and will be drilling oil offshore. Right in our backyard — TAKE THAT Congress!
Anonymous Chicago, at 10:55 am EDT on May 26, 2006