Skip To Content
JEWISH. INDEPENDENT. NONPROFIT.
Life

Bintel Brief: Alan Dershowitz Examines Whether Hamas Opinion Articles Are Fit To Print

Professor Dershowitz,

Do you think that the publishing of opinion articles by Hamas officials in The New York Times and The Washington Post constitutes material support to terrorists as defined in the Patriot Act?

Thank you for all of your great and inspiring work on behalf of Israel.

FIT TO PRINT?

Alan Dershowitz replies:

I do not believe that the publication of Hamas opinion articles constitutes material support to terrorists as defined in the Patriot Act. More than 200 years ago, Thomas Jefferson wrote that the expression of an opinion, even an immoral and dangerous one, cannot constitute the kind of overt act that would make it a crime.

A more fundamental question is whether great newspapers should exercise their First Amendment rights by publishing or by refusing to publish Hamas propaganda. The decision should be made on the basis of a consistent principle. Would they have published a pro-Nazi article in the 1930s, after the Nazis won the German election? Would they have published an article by David Duke after he won his primary election? Can they distinguish Hamas? The decision might also turn on the content of the particular opinion article. Is it simple propaganda, or does it make an interesting point? Does it contain any hint of a peace overture?

A newspaper is not obligated to present all points of view. It may choose to do so, but if it does, it should have a consistent policy.


Alan Dershowitz is the Felix Frankfurter Professor of Law at Harvard Law School. He is the author of numerous books, including “Chutzpah,” “The Vanishing American Jew,” “The Genesis of Justice,” “The Case for Israel,” “The Case for Peace” and, most recently, “Blasphemy: How the Religious Right is Hijacking the Declaration of Independence.”

Send a letter to the Bintel Brief at [email protected]. To read other installments of the Bintel Brief, click here.

A message from our Publisher & CEO Rachel Fishman Feddersen

I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward’s award-winning, nonprofit journalism during this critical time.

We’ve set a goal to raise $260,000 by December 31. That’s an ambitious goal, but one that will give us the resources we need to invest in the high quality news, opinion, analysis and cultural coverage that isn’t available anywhere else.

If you feel inspired to make an impact, now is the time to give something back. Join us as a member at your most generous level.

—  Rachel Fishman Feddersen, Publisher and CEO

With your support, we’ll be ready for whatever 2025 brings.

Republish This Story

Please read before republishing

We’re happy to make this story available to republish for free, unless it originated with JTA, Haaretz or another publication (as indicated on the article) and as long as you follow our guidelines. You must credit the Forward, retain our pixel and preserve our canonical link in Google search.  See our full guidelines for more information, and this guide for detail about canonical URLs.

To republish, copy the HTML by clicking on the yellow button to the right; it includes our tracking pixel, all paragraph styles and hyperlinks, the author byline and credit to the Forward. It does not include images; to avoid copyright violations, you must add them manually, following our guidelines. Please email us at [email protected], subject line “republish,” with any questions or to let us know what stories you’re picking up.

We don't support Internet Explorer

Please use Chrome, Safari, Firefox, or Edge to view this site.