Who Has Standing to Sue in a RICO Case against SJP? by Gregg Roman
The Middle East Forum Observer
May 1, 2024 https://www.meforum.org/65854/who-has-standing-to-sue-in-a-rico-case-against-sjp This is the third in a series of four articles discussing how prosecutors could use the Racketeer Influenced and Corrupt Organizations (RICO) Act, the Anti-Klan Act, and other civil rights laws to pursue class action lawsuits against Students for Justice in Palestine (SJP) for coordinated efforts to harass and intimidate Jewish and Israeli students of all faiths on college campuses. As violent protests grow on college campuses, both university administrators and students targeted by Students for Justice in Palestine (SJP) consider legal remedies for those deprived of their rights. Certainly, the RICO statute can apply given the widespread conspiracy and network for which SJP is simply the tip of the iceberg. Who can initiative such a lawsuit, though? Under the RICO statute (18 U.S.C. § 1964(c)) any person injured in their business, property, or person due to a violation of SJP's racketeering provisions has standing. In the context of a case against SJP, both individual and institutional victims would have standing, including: Jewish and Israeli students who can demonstrate psychological or physical harm. Educational institutions that can substantiate direct financial harm, such as increased security costs, damage to property, or the loss of reputation affecting enrollment and funding. Registered student organizations, particularly Jewish and pro-Israel groups, if they can show that SJP's activities directly harmed their ability to operate, recruit members, or host events. Jewish organizations supporting student activities or scholarships, if they can show that SJP's actions tangibly diminished their capacity to fulfill their missions. Vendors who suffered financially due to disruptions or cancellations. University employees who faced harassment, intimidation, or professional setbacks due to perceived support for Jewish students or Israelis. Parents who have incurred expenses related to the psychological or physical well-being of their children due to SJP's alleged racketeering activities. Local Jewish community organizations if they can demonstrate that SJP's campus activities directly harmed their ability to engage with and support Jewish students or have required them to divert resources to address the hostile environment. Historically, RICO is a potent tool against groups infringing on civil rights. The scale of SJP infringements on the liberty and property of universities and their members fits RICO statutes to a T. Successful invocation of RICO could lead to significant remedies, including treble damages and injunctive relief, fundamentally altering SJP's ability to operate on campuses. It would also serve as a stern rebuke to any who would trample the civil rights of students under the guise of advocacy. While individual plaintiffs may face challenges in establishing standing or gathering evidence, a class action lawsuit allows for aggregating claims and resources. Such litigation, if pursued, would be a stand against the erosion of discourse, civility, and scholarly rigor in academic institutions and deter other groups that might want to replicate SJP's model. While individual plaintiffs may face challenges in establishing standing or gathering evidence, a class action lawsuit allows for aggregating claims and resources. The whole can be greater than the sum of the parts. The Middle East Forum encourages those who believe SJP has caused them harm to come forward. The organization stands ready to connect potential victims with attorneys, preparing to potentially add them as class members for this lawsuit. Together, they can seek justice to ensure campuses remain places of learning and growth, not battlegrounds for ideological persecution. Interested individuals should contact the Middle East Forum at civilrights@meforum.org or by phone at 215-546-5406 ext. 104 to explore how they might contribute to this legal endeavor. Gregg Roman is director of the Middle East Forum. Related Topics: Academia, Antisemitism, Government, Legal | Gregg Roman This text may be reposted or forwarded so long as it is presented as an integral whole with complete and accurate information provided about its author, date, place of publication, and original URL. |
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