Martin v. Roy

9 Mass. L. Rptr. 522
CourtMassachusetts Superior Court
DecidedDecember 24, 1998
DocketNo. 9307137
StatusPublished

This text of 9 Mass. L. Rptr. 522 (Martin v. Roy) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Roy, 9 Mass. L. Rptr. 522 (Mass. Ct. App. 1998).

Opinion

Fabricant, J.

INTRODUCTION

This action for libel was tried before the undersigned, jury-waived, on December 15-16, 1998. The evidence consisted of the testimony of the plaintiff and the defendant, along with eighteen documents admitted as exhibits. Based on all the evidence presented, the Court now makes the following findings, rulings, and order.

FINDINGS OF FACT

1. The plaintiff, Tony Martin, is a tenured professor in the Africana Studies Department at Wellesley College. He is a native of Trinidad. He studied law in London and became a Barrister there in 1965, before moving to the United States. He earned aPh.D. degree in history at Michigan State University in 1973. He joined the Wellesley College Faculty in 1973 as an Associate Professor, received tenure in 1975, and was promoted to full professor sometime thereafter. He has focused his scholarship on African American history, particularly Pan-Africanism and the work of Marcus Garvey. He has and continues to publish and to lecture frequently at universities and various organizations nationwide and internationally on topics related to his academic work. He considers himself an adherent of the “Afrocentric school,” which he describes as characterized by the view that “scholars of African origin should interpret their own experience.”

2. In accord with Wellesley’s policies, Martin was subject to consideration for tenure in 1975, two years after his initial employment as an associate professor. At that time one tenured position was available in his department, which was then known as the Black Studies Department. Professor William Scott had been at Wellesley in the same department longer than Martin, but in the ordinary course would not have been considered for tenure that year.1 The College advanced Scott for consideration, with the result that Martin and Scott were in competition for the one position. It is Martin’s view that the College made that decision in an effort to “put roadblocks in [Martin’s] path” and to “destabilize the department.” The situation gave rise to student unrest, after which the College decided to make two tenured positions available in the department. Both Martin and Scott were considered for and granted tenure. Other than the change in timing for Scott, and the creation of an additional position in the Department, the College did not depart from its usual process in the tenure decisions. In particular, the grant of tenure to Martin did not result from, or occur in connection with, any litigation.2

3. In 1987, Martin filed suit against Wellesley College and its then president, Nannerl Keohane, in Norfolk Superior Court, No. 87-429. His amended complaint in that case, filed in 1987, alleged that in 1985 the College had given him a merit increase smaller than increases given to other faculty members due to his race, national origin, and exercise of his [523]*523right to freedom of speech. He further alleged in his amended complaint in that action that in 1975 Wellesley had, as part of a continuing “campaign to destabilize the Black Studies department,” “violated its own legislation in attempting to pass over plaintiff for consideration for tenure.” The amended complaint further alleged that “other components of the campaign of destabilization” included deficiencies in the recruiting and retention of black faculty and students, “the tolerance of an atmosphere of overt and covert racism on campus,” and subjecting black faculty to disadvantageous working conditions “so as to invite involuntary termination.” Martin and the College settled his 1987 suit in a manner that he considers “successful.” Under the settlement agreement, he is obligated to keep the terms of the settlement confidential.

4. In approximately the fall of 1992, Martin assigned to his students a work entitled The Secret Relationship Between Blacks and Jews, published by the Historical Research Department of the Nation of Islam. In a March 4, 1993 speech to Wellesley’s Academic Council, later published in a Wellesley student journal known as The Galenstone, Martin described the book as a “scholarly monograph,” which focuses on “the role that Jews played in the transatlantic slave trade.” According to Martin’s speech, the book “document[s] that Jews were heavily invested in the Dutch West India Company, which was a major multinational corporation involved in financing and prosecuting the slave trade,” and “shows that the Jews were a major element in the prosecution of the slave enterprise in Brazil, Curacao, Surinam, Barbados and Jamaica . . . ,” that they “were involved in shipping, auctioning and warehousing slaves” and that “[e]ven where they were not heavily involved in plantation agriculture, Jews nevertheless owned and traded slaves.” Martin’s speech went on to say that in the United States, the book “suggests that. . . Jews had a higher per capita slave ownership than for the white population as a whole ...” and that “abolitionism was distinguished by a relative scarcity of Jewish voices.” According to Martin’s speech, the book “shows that Jews, like others, resorted to the Bible to rationalize slavery . . . to provide intellectual and moral justification for enslaving Africans.”3

5. Martin’s use of The Secret Relationship in his course quickly became a subject of intense controversy. The controversy began with articles, columns and editorials in the student-published Wellesley News, which, according to Martin, “vilified” him for using the book in his course. In March of 1993, Martin issued his response in the form of a publication he titled Broadside No. 1: Blacks & Jews at Wellesley News. That publication, according to Martin, was “spread around the country and overseas and . . . reprinted in its entirely by some African American publications.”4

6. The controversy soon spread far beyond the Wellesley campus into the national news media.5 On April 5, 1993, according to their joint press release as quoted by Martin in his December 1993 book The Jewish Onslaught: Despatches from the Wellesley Battlejront, “Four leading Boston-based national and local Jewish organizations, the Anti-Defamation League (ADL), American Jewish Committee (AJC), American Jewish Congress (AJC), and the Jewish Community Relations Council (JCRC) charged today that Professor Anthony Martin, a member of the African American [sic] Studies Department at Wellesley College in Wellesley, Massachusetts has demonstrated clear-cut anti-Semitic prejudice in his classroom and on the Wellesley campus." As further described by Martin, “[t]he press release called upon Wellesley College to fire” him. The press release, according to Martin’s own account, stimulated further media coverage, and Martin became a topic of widespread discussion in the news media. Within days of the release, The Boston Globe, The New York Times, National Public Radio, and the Associated Press all ran pieces on Martin. According to Martin, friends as far away as Hong Kong and St. Lucia reported to him media coverage in those locations. Continuing into at least the spring of 1994, articles, columns, interviews, and editorials appeared regularly in nationally and internationally disseminated media outlets commenting on, and reporting comments on, Martin, his use of the book, his scholarship, and the validity of Afrocentrism as a scholarly approach. The substance of the news media commentary in general, as described by Martin in his book and as appearing in newspaper pieces admitted in evidence, was that

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9 Mass. L. Rptr. 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-roy-masssuperct-1998.