Judge sorts the issues in Al-Arian struggle

TAMPA -- A federal judge must decide whether the University of South Florida lawsuit against Palestinian professor Sami Al-Arian can continue and, if so, which court should hear it.

Both USF and Al-Arian have finished filing their initial motions in the case, and a decision by U.S. District Judge Susan C. Bucklew is expected within days or weeks.

On Tuesday, USF reiterated its position and again asked a judge to determine whether firing the tenured professor for his alleged ties to international terrorism would violate his First Amendment rights.

"The court should answer the question," said Bruce Rogow, a USF attorney. "It should give us the answer before any other decision is made."

USF argues that it needs a judge's ruling before president Judy Genshaft decides what action to take in the yearlong dispute with Al-Arian because the university's reputation and pocketbook may suffer as a result.

School officials worry the American Association of University Professors may censure USF, or Al-Arian may sue the school.

USF also asked the judge to keep the case in state court, instead of moving it to federal court, where Al-Arian wants it to be.

Al-Arian's lawyer, Robert McKee, said the case belongs in federal court because it involves First Amendment rights and a federal criminal offense of aiding terrorism.

Rogow argued that the case hinges on collective bargaining agreements, not the First Amendment, and should be in state court.

McKee said USF's motions aren't surprising but they're wrong. He said the case should be dismissed or at least postponed until after an arbitrator decides whether Al-Arian should be fired.

Bucklew could call a hearing on the motions or, more likely, issue an opinion without a hearing.

USF threatened to fire Al-Arian last year after allegations that he had ties to terrorists were aired on Fox News Channel's The O'Reilly Factor two weeks after the Sept. 11 terrorist attacks. He was placed on paid leave from his $67,500-a-year job after the appearance.

USF's suit accuses Al-Arian of raising money for terrorist groups, bringing terrorists into the United States, founding organizations that supported terrorism and inciting people to break the law, "thereby aiding and abetting international terrorism."

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