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Rabbi arrested, banned from Cleveland universities over his anti-Palestinian activism

(JTA) – For days, students and police at Cleveland State University had been trying to figure out who stole a banner belonging to a campus Palestinian rights group.

The banner, which belonged to the student group Palestinian Human Rights Organization, read “CSU Solidarity for Palestinian Rights” and was illustrated with an outline of Israel, the West Bank and the Gaza Strip collectively emblazoned in the Palestinian flag. A dove holding an olive branch appeared on top of the image.

Then, on Jan. 19, police charged their top suspect: a local Orthodox rabbi, whose presence on campus had become all too familiar. A few days later the man confessed to the theft on Instagram, announcing that he had stolen the banner from the school’s student center “as an act of civil disobedience.”

“This incitement to annihilation of Israel should have never been permitted at CSU,” Rabbi Alexander Popivker, a 46-year-old Cleveland Heights resident whose neighborhood is six miles from the school, wrote on social media accompanied by a picture of the flag he stole. 

It was far from Popivker’s only recent run-in with local university students. 

A former Chabad-Lubavitch emissary in Naples, Italy, who now works in the Cleveland area as a handyman and part-time rabbi for a Russian-speaking Jewish community, Popivker has become known around town as a vigilant and omnipresent pro-Israel advocate. He can often be spotted counter-protesting at local pro-Palestinian demonstrations, or putting on displays of his own, with his wife Sarah on hand filming every contentious encounter. 

One major theme of his protests, and his worldview, as he explained to the Jewish Telegraphic Agency: “Palestinians and Nazis are the same thing.”

For the last year, Popivker had been making weekly trips to Cleveland State, occasionally accompanied by other students or community members, to give public demonstrations that elaborate on that idea — sometimes with the aid of swastika-emblazoned props. In the early going, the university provided him with police protection and said his visits to campus were protected by free speech laws. 

But he also sought out students online and in-person whom he deemed to be “brainwashed” by anti-Zionist messaging. One such online campaign against a law student prompted the student to file an order of protection against Popivker last fall, an order supported by a prominent Jewish dean at the university. Popivker promptly violated the order by returning to campus.

Cleveland State University main campus, Cleveland, Ohio. (Getty Images)

In late January, university authorities had enough. They arrested Popivker and, following a hearing, declared him persona non grata on campus, banning him from the university grounds for at least two years. Popivker has also been banned from nearby Case Western Reserve University, where he had advocated before focusing on Cleveland State.

In the midst of a nationwide university climate in which pro-Israel advocates claim Jewish students face regular antisemitic harassment for their real or perceived Zionist beliefs, here was a documented case of the opposite: a Jew and outspoken Zionist, who has no affiliation with the schools at which he advocates, accused of harassing anyone he perceived as a threat to Israel, including students who had never sought him out directly. 

The Ohio chapter of the Council on American-Islamic Relations has spoken out numerous times against Popivker and praised university police for arresting him; a petition the group backed, labeled “Stop harassment on campus” and mentioning Popivker by name, has garnered close to 700 signatures.

Jewish groups, including civil rights groups, have been less forthcoming about situation. Hillel International declined to comment for this story, and the directors of Cleveland’s regional American Jewish Committee and Jewish Community Relations Council offices did not return requests for comment. Jewish on Campus, a nationwide university antisemitism watchdog group that tracks what it defines as anti-Zionist social media harassment of Jewish students, also did not return a request for comment.

Jared Isaacson, the executive director of Cleveland Hillel, told the Jewish Telegraphic Agency that the center was “not very familiar with this story.” Cleveland Hillel coordinates Jewish student life at a consortium of Jewish universities including Cleveland State and Case Western, where its student center is located, as well as at least one other school where Popivker has made his presence on campus known in some form. 

But, Isaacson said, “Cleveland Hillel is deeply committed to countering antisemitism and hate in all forms, and we believe that no student — Jewish or otherwise — should ever feel threatened or intimidated because of their identity.” 

Popivker says he has support from the New York-based Lawfare Project, which bills itself as an “international pro-Israel litigation fund.” He told JTA that the organization “is watching over my cases and providing guidance.”

In a statement, the Lawfare Project called Popivker “a Jewish civil rights activist” but did not confirm that it is backing him, saying only that the group is “currently reviewing the matter.”

The group, which frequently files lawsuits on behalf of students who allege antisemitism on their campuses, said in a statement to JTA that the order of protection was a “double standard” that “should be alarming to anyone who cares about the fight against Jew-hatred.”

Lawfar recently settled a multi-year lawsuit with San Francisco State University over student reports of antisemitic harassment on campus stemming from anti-Zionist activists disrupting an event featuring the mayor of Jerusalem. The settlement compelled the university to hire a coordinator of Jewish student life.

Popivker will have his work cut out for him if he fights the charges. He had exhibited “behavior detrimental to the university community” by stealing the Palestinian banner and separately affixing an Israeli flag to university property, Matthew Kibbon, Cleveland State’s associate vice president of facility services, wrote in the university’s decision declaring him persona non grata.

The rabbi “was not banned for the content of his speech, but how he chose to exercise it,” a Cleveland State spokesperson told JTA in a statement. The university also provided JTA a list of recent campus police interactions with him, including the initial Jan. 11 report of the banner’s theft; Popivker’s visit to campus on Jan. 18, during which police advised him that the student’s order of protection did not permit him to be there; and his return visit on Jan. 25, during which he was arrested.

From Popivker’s perspective, he is simply speaking out on Israel’s behalf for a campus that has a large pro-Palestinian activist presence but few Jewish students. (There are fewer than 200 Jewish undergraduates on Cleveland State’s campus out of 11,784 students, according to Hillel International.) His goal is to educate, he says, informed by his status as a Jewish refugee from the Soviet Union. And he believes he is being targeted by local pro-Palestinian activists, who, he said, have gone after his kippah and Israeli flags.

“I never attacked anyone. I never raised my hand up to anyone,” he told the Jewish Telegraphic Agency, saying that he was motivated by civil rights icons Martin Luther King Jr. and John Lewis. “I’m going to a public university. I’m staying in the free speech zone. And I raise awareness about what’s going on. There’s a bunch of students that have become my friends that come to study with me regularly.” 

One of those students, senior Tyler Jarosz, told JTA he became friends with Popivker after seeing him visiting campus to advocate for Israel. Not knowing much about Jews or Israel himself — “I thought Israel was a very peaceful state,” Jarosz said — the student was taken with Popivker’s demonstrations and said he learned a great deal from them. 

“He didn’t just lecture me like a teacher would,” Jarosz said. “He was actually very engaging. He asked questions.” 

Jarosz said he never witnessed the rabbi harassing anyone on campus, and said he always tried to engage people in peaceful dialogue, despite what he described as harassment directed at him by some Muslim students. He recalled one Popivker visit to campus for Israel’s independence day, when the rabbi was offering falafel to students, and said he witnessed one student throw the falafel back at him and threaten to “rape” him.

Other students tell a different story. One campus paper, the Cauldron, reported that the rabbi has targeted visibly Muslim and Arab students on campus, demanding to know their views on Israel. Popivker “makes me wary of coming into campus,” a student member of the Palestinian Human Rights Organization group told the Cauldron. “I’m forced to be on constant edge and take the longer way to class in order to avoid him.” Another student told a different campus newspaper, “It’s almost as though he deliberately looks for Palestinian individuals just to target them.” 

The chair of the law school’s National Lawyers Guild student chapter told the Cleveland Jewish News that their group’s efforts to engage Popivker in reasonable dialogue failed when he began using “racial slurs and insulting language.”

A swastika Alexander Popivker drew on a Palestinian scarf (alleged by some students to be a keffiyeh, or ritual Muslim prayer scarf) while mounting a pro-Israel demonstration on the campus of Cleveland State University. Popivker then shared the image to his Instagram, Feb. 3, 2023. (Screenshot)

In images from one Popivker demonstration, the rabbi can be seen drawing a swastika with a Sharpie marker on what the Cauldron reported was a keffiyeh, a scarf worn by Arabic men, but which Popivker told JTA was a Palestinian scarf with no spiritual significance. He has also yelled phrases including “Palestinians are Nazis” and “Palestinians are the KKK,” and constructed a stage with images further linking Palestinians to Naziism, according to reports. Popivker’s own Instagram videos show him approaching groups of students to argue about Israel as he films them, calling some of them “terrorists” when they go after his flags. One of his video captions mentions “a Middle Eastern looking student.”

Cleveland State increased its safety protocols as a result of Popivker’s activities, locking some additional entrances around campus. But much of his activities have been online, too.

Last fall Popivker trained his attention on a law student who was involved with campus Palestinian rights groups and had made some anti-Israel posts online, including sharing an image of a child whom pro-Palestinian groups claimed had been a victim of an Israeli bombing, and sharing a socialist group’s post quoting, “From the river to the sea, Palestine will be free.” 

Documents show that Popivker emailed and called the student’s employer and law school seeking to have her disciplined for her beliefs, writing among other things that she was a “mouthpiece of terrorism and racism against Jews.” He also made Instagram posts targeting her. In response, the student filed for and received the order of protection against him, which Popivker later claimed was unwarranted because he had never met the student in person. 

In its statement to JTA, the Lawfare Project homed in on this sequence of events, saying that Popivker’s decision to email the student’s school and employer about what he believed to be antisemitic social media posts was “a tool routinely used by civil rights activists to fight discrimination.”

Popivker asked Jarosz to send a letter attesting to his character for the order of protection hearing, which he did. “Alex understands and respects everyone of every background that he comes across,” the student wrote in his letter. “I have personally witnessed the demonization they have done of him.” Speaking to JTA weeks later, Jarosz said the court case was “bogus,” but said he was unaware of the emails, social media records and phone transcripts reviewed by JTA showing that Popivker had contacted the student’s employer and school.

At the order of protection hearing, a transcript of which Popivker sent to JTA, a key witness who advocated for the restriction was law school dean Lee Fisher, a former attorney general and lieutenant governor of Ohio. Fisher is Jewish. 

“We share a hatred of antisemitism,” Fisher told Popivker during the hearing, according to the transcript. The dean also identified himself as “pro-Israel, very much so.” But Fisher made clear he was critical of Popivker’s activities on campus. Asked by Popivker about a specific social media post the student had made, Fisher responded, “Even if she made a mistake by posting it, it did not warrant the kind of reaction I believe that you had.”

Fisher had also met with Popivker previously, in a session mediated by a local rabbi who was a friend of Popivker. “I told him that I was concerned for the health and safety of our students,” the dean said during the hearing. He had implored Popivker to stop his campus activities, but the rabbi refused.

It’s the initial order of protection, which Popivker said had already effectively banned him from campus, that the rabbi says he truly opposes. He saw it as evidence that “they were basically working together with Palestinians” to “cover up the fact that they have an antisemitic group that openly propagates a destruction of Israel.” Popivker visited campus several times after receiving the order of protection but was permitted to stay with only a warning from campus police, Jarosz recalled.

This state of affairs lasted until the rabbi stole the Palestinian student group banner to, he said, “shine a light on this antisemitism.” Popivker described to JTA how he entered the student building, walked up to the third floor where he knew the banner was, and used scissors to remove it and take it with him: “Clip, clip, clip.” He was subsequently thrown in jail — his second such stint in Cleveland for pro-Israel activities, he said, criticizing local law enforcement for not providing him with kosher food while he was behind bars. 

Outside of campus, Popivker is active in other areas. Last year, he organized a GoFundMe to support the family of a former classmate of his who was killed by an Islamic State supporter in a terrorist attack in Beersheba, Israel. He also applied to fill a January vacancy on the Cleveland Heights city council, but later withdrew his application. 

After being barred from Cleveland State University, Rabbi Alex Popivker took to holding his anti-Palestinian protests on a street outside a local casino. (Courtesy Popivker)

While Popivker may preach nonviolence, his social media activity points to more radical ideologies, as well. On Instagram, he has shared an image of the flag of the Jewish Defense League, an extremist Jewish group that advocates violence against enemies of Jews, founded by convicted terrorist Rabbi Meir Kahane, as well as an image with a logo of Im Tirtzu, a right-wing Israeli group that has in the past been accused of inciting violence against Israeli human rights groups. Popivker told JTA he is not a member of either group, but that “if I think it’s aligned with what I believe in, I’ll share it.”

Popivker says that, for now, he’s done with his brand of “civil disobedience” and won’t be making his weekly visits to Cleveland State’s campus. “I do have five wonderful boys and a loving wife, and as much as Cuyahoga [County’s] jail is an educational experience in life in many ways, I do not want to go there every week,” he said.

Instead, days after his arrest and campus ban, Popivker posted a photo of himself with an Israeli flag to social media — this time outside a casino a mile away from campus.


The post Rabbi arrested, banned from Cleveland universities over his anti-Palestinian activism appeared first on Jewish Telegraphic Agency.

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Amid blazing heat and rising tides, artists find beauty and desperation in these biblical times

Daniel Rothbart’s floating aluminum and glass forms are at once playful and lyrical, biomorphic and other-worldly; prehistoric and futuristic. They are set in a pond and two small pools in Staten Island’s Snug Harbor, a hidden pastoral gem that once served as a safe haven for sailors.

Overflowing with colorful flowers and plants and shrubbery, the scene is idyllic, short of the oppressive, steamy heat that has settled over the landscape. But then that’s part of it too. Rothbart’s Serpentine Sibyls: A Floating Sculptural Installation, animated by winds and currents, are site-specific and immersive. He is keenly in tune with its ecology.

“No, my work has not always addressed political issues, but water is a fraught medium,” he told me over the phone. “You can’t work with water without addressing its importance to life on this planet and climate change and stewardship. Water has always fascinated me.”

Growing up in the Pacific Northwest the ocean was a constant alluring presence. And as a Jew, the water’s historical, cultural and religious traditional significance is defining, he said.

“There’s the purification ritual of the mikveh, the parting of the Red Sea, the washing of hands and feet before entering the temple in Biblical times and the casting off of sins, Tashlich on Rosh Hashanah. Water diplomacy and technology has always been central in Israel. Making the desert bloom.”

Rothbart, a multidisciplinary artist whose work has been exhibited across the globe, is the author of Jewish Metaphysics as Generative Principle in American Art, which examines how Jewish mystical traditions, especially Kabbalah, informed abstract American art in the post-World War II years.

Erudite and heady, Rothbart said that his work can be viewed through the lens of tikkun olam, the Jewish imperative to help repair a fractured world, but it also borrows from Japanese culture, outer space imagery, Marcel Duchamp’s dadaism and Greek mythology.

The title of his exhibit references Sibyls, the Greek female prophets who were consulted in catastrophic times, not unlike our current era cursed by floods and wildfires and heat waves.

Rothbart started thinking about floating sculptures in 2007 for a piece he was conceiving for the Venice Biennial. A city surrounded by water cried out for it. Japanese glass fishing floats came to mind.

“The Japanese fishing floats would wash up on shore in Oregon where I grew up,” he recalled. “I loved the fragile recycled pieces of glass that came from the orient and that I could de-contextualize a common object and in so doing create something new.”

To anchor the sculptures, Rothbart and his assistant kayaked to the middle of the pond. There, once he established where he wanted each sculpture, he dropped each form, now attached to two to five-pound iron weights.

“The sculptures are sensitive to any existing life in the water,” he said. “The pond here has turtles and fish. I’ve found that the animals adjust to the new forms. I love the relationship between life in the pond and the foreign objects.”

Three artists, one flood

The Interchurch Center in upper Manhattan is currently hosting Noah, A Future of Hope, 3 Faiths/ 3 Artists/ 1 Story. A traveling exhibit, it employs the story of Noah and the flood to gently remind viewers to save, protect and celebrate the environment. The topic is explored respectively through a Christian, Muslim and Jewish vision. The artists — Yona Verwer, a Dutch-born Jew, Brian Whelan, a British-born Christian of Irish heritage and Hady Boraey, an Egyptian Muslim — each merge their religious identity with personal aesthetics and the need to advocate for the environment.

Yona Verwer’s ‘Ezekiel’s Vision’ Courtesy of Jewish Art Salon

“Each artist was invited to create eight paintings that visually inspire our imaginations to heal our world by honoring our intricate connection to the earth as our sustainer, and by maintaining a sacred balance with all her life forms,” said curator Paul G. Chandler in his introductory remarks at the exhibit’s opening night reception. “In this way, the story of the ark, its animals, and the flood, take on contemporary relevance as we face today’s climate crisis.”

Seven is a significant number in each religion, so Chandler selected seven core lessons, each reflecting some part of the Noah story, for the artists to address. The eighth painting from each artist served as a kind of synopsis of the work that was to follow.

Water is a common image throughout the exhibit; indeed, water plays a major role, not only in Judaism, but in Christian and Islamic rituals as well, from Christian baptism to the washing of feet and hands before prayer in a Mosque.

When I asked Chandler if he could guess the religion of each artist on the basis of their paintings he said he could for the Jew and Christian, but wouldn’t have had a clue that Boraey emerges from an Islamic tradition.

Hady Boraey, an Egyptian Muslim, finds contemporary resonance in the story of Noah. Courtesy of Jewish Art Salon

“His paintings have an individual aesthetic and a more universal feeling. Still, you never see the face of Noah in his work. In Islamic tradition you can only view him from the back. To see his face is idolatry. Jews have the same tradition, but may not adhere to it as rigidly.”

Some of Verwer’s work incorporates Hebraic texts and characters. In “Care for the Species,” a figure is blowing a shofar. Similarly, Chandler said, he’d know that Whelan’s paintings were made by a Christian. They are literal illustrations of key moments in the Noah story.

His depiction of Noah evokes a figure right out of vaudeville, grinning broadly, sporting a little hat and in more than one instance looking slightly confused.

“Christians turn catastrophe into a kind of children’s bedtime story,” Chandler said. “It’s very Christian to sanitize the story. Jews don’t do that.”

“My being Jewish — a religious Jew—has had a bearing on how I look at everything,” said Verwer who says that water and its preservation is deeply important to her not least because for more than 2,000 years Judaism has had many rules to safeguard water. As a Holland native, she, like Rothbart,  grew up near water and so it was always part of her universe.

Verwer’s work is also exhibited in an  accompanying solo show, Fluid Futures-Living Waters, which features eight paintings that explore ocean pollution through a comic sensibility. One piece, bal tashchit (prohibition against needless destruction) depicts an octopus, submerged in deep ocean waters, clutching a soda can in its mouth.

“I don’t feel a painting is finished if I haven’t laughed at least once,” Brian Whelan said. “But it also needs a message.”

His major challenge was Chandler’s insistence that the paintings embrace a note of optimism.

“I don’t see any hope in what’s happening to this planet,”  said Whelan. “My work mostly follows in the tradition of East Anglican medieval narrative paintings found in churches dating back to the 14th-to-16th centuries.”

Brian Whelan’s ‘Humans Outside the Ark Perished’ Courtesy of Brian Whelan

For me his strongest piece is “Humans Outside the Ark Perished,” which appears in his linked, one-man show, 40 Days and 40 Nights. Here we see desperate hands reaching towards Noah for safety. A mouse sits alongside Noah, a poignant image. It’s safe and sound compared to the desperate humans.

Of the three painters, Boraey said his work was the least likely to be connected to any one particular religion. Unable to obtain a visa to the States he spoke to me on the phone from the Northern coast of Egypt.

He said his piece “The Great Collapse” spoke most vividly to both the Noah story and the ecological precipice we’re now facing as a result of climate change.

In the foreground, we view Noah from the back gazing out across a body of water at masses of people crushed together and almost immobilized as they hopelessly struggle to move forward. In the background hangs a giant and cratered blue moon sinking below the horizon and into the ground. It is at once foreboding and exquisite.

Having participated in exhibitions in the Middle East and Europe, Boraey said he was most influenced by the surrealist art movement in Cairo in the late 30s. The marriage between folkloric and political motifs is its hallmark.

The Noah tale for him is “both pessimistic and optimistic because hope is always there and they survived at the end of the story,” he said.  “Noah saved humanity. He reminds us that we have to be very careful with the earth.”

In harmony with nature

Another view of view of ‘Serpentine Sibyls’ by Daniel Rothbart, curated by Melissa West, Newhouse Center for Contemporary Art at Snug Harbor, Staten Island, NY. Courtesy of Daniel Rothbart

Back at Snug Harbor, the late afternoon heat dome has made the airless, sun-baked space even more relentless than it was earlier in the afternoon. Rothbart’s visitors are slowly straggling out of the park, some wiping away sweat with bits of tissue, others fanning themselves; still others pouring water from their bottles onto reddened necks and arms and legs indifferent to the water splashing on to their clothes.

“Talk about global warming and climate change,” he told me. “This weather only drives home the point of just how serious this is and how we have to learn to live in harmony with nature and our environment.”

Serpentine Sibyls will run through Sept. 28.

Noah: A Future of Hope will run at the Interfaith Center through Aug. 26 and then continues its global tour.

The post Amid blazing heat and rising tides, artists find beauty and desperation in these biblical times appeared first on The Forward.

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Fire at Postville, Iowa, kosher meat processing plant shuts down production ahead of the High Holidays

(JTA) — A major fire at one of the largest kosher meat processing plants in the United States is poised to increase the price of kosher meat ahead of the High Holidays, in addition to devastating the plant’s local community.

Investigators in Postville, Iowa, said on Wednesday that the fire that devastated AgriStar Processing started accidentally in the facility’s laundry room. The fire, which began on Tuesday, destroyed at least 75% of the plant and has put more than 600 people out of work, Fire Chief Jeff Bohr told the local TV network KCRG.

The fire has also interrupted a linchpin of kosher meat production, according to OU Kosher, the oversight agency run by the Orthodox Union.

“The damaged facility means a significant portion of kosher beef and chicken slaughtered and sold in the US will not enter the kosher supply chain,” Rabbi Moshe Elefant, the organization’s CEO, said in a statement on Wednesday. “Kosher consumers will feel the impact of the tightening supply with reduction of availability.”

Elefant said OU Kosher was working to “find solutions for ramping up production at other plants” while warning that the crisis could fuel bad actors.

“Unfortunately, when supply is limited, it creates opportunity for unscrupulous individuals who seek to make money by preying on the well-meaning Kosher observant public,” he wrote.

Jarad Bernstein, the executive director of the Jewish Federation of Greater Des Moines, said the fire represented “a terrible situation” in an email to the Jewish Telegraphic Agency.

“The impact on the local community and the business will be large,” he said.

The fire is not the first time that a crisis at AgriStar has sent the community into a tailspin. In 2008, a federal immigration raid at the plant, then known as Agriprocessors, netted the arrest of hundreds of workers and led to the arrest and conviction of the company’s longtime CEO Sholom Rubashkin on 86 counts of bank fraud, mail fraud and money laundering. It also led most of Postville’s Jewish residents to leave the town, which had developed as an unusual stronghold of Orthodox life in eastern Iowa.

Saying that “many people” believed Rubashkin’s 27-year prison sentence had been excessive, President Donald Trump commuted Rubashkin’s sentence in 2017. Rubashkin’s conviction stands.

Canadian Jewish billionaire Hershy Friedman purchased Agriprocessors and reopened it as Agri-Star. He told JTA in 2016 that he had done so after being urged by Jewish leaders to ensure competition in the kosher meat processing industry.

“It wasn’t done for financial purposes; it was done to really cater to the Jewish community,” he said about the purchase. “During the time Rubashkin was closed, the price of beef roughly doubled. After we acquired it, it came right back down.”

Friedman also said he had shored up the company’s employment practices, which had run afoul of the law, and made improvements to the slaughter process that had made Agriprocessors a target of animal rights activists.

Agri-Star said in a statement on Wednesday that it appreciated the first responders who “worked tirelessly and selflessly to protect lives and contain the fire” and the employees who had shown “inspiring” care for each other. It also indicated that it did not yet know the future of the plant.

“We understand there are many questions about what comes next,” Agri-Star wrote on social media. “While we are still gathering information and evaluating our short-term plans, we are committed to sharing verified updates as soon as they become available. We appreciate your patience as we work through this process thoughtfully and responsibly.”

This article originally appeared on JTA.org.

The post Fire at Postville, Iowa, kosher meat processing plant shuts down production ahead of the High Holidays appeared first on The Forward.

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California law on antisemitism in schools will be enforced after free speech challenge is defeated

(JTA) — A California law to prevent antisemitism in schools will be enforced after a federal judge dismissed a challenge from teachers and students who said it violated free speech.

U.S. District Judge Noël Wise on Tuesday ruled against a lawsuit opposing Assembly Bill 715, which went into effect in January. The new law introduces measures to curb the “widespread surge in antisemitic discrimination, harassment, and bullying” faced by “Jewish and Israeli American pupils across California.”

As part of the law, California is establishing an Office of Civil Rights with a new statewide antisemitism prevention coordinator for public schools, who has not yet been appointed. The law mandates teachers to provide “factually accurate” instruction rather than “advocacy, personal opinion, bias, or partisanship.” It requires local educational agencies to take action if they find that instruction or school-sponsored materials are discriminatory.

A group of teachers, students and the American-Arab Anti-Discrimination Committee filed a challenge in November. They said the law was unconstitutionally vague, chilled speech in the classroom about Palestinians and discriminated against Palestinian, Arab and Muslim students and perspectives.

Wise said it was too soon to consider these claims, given the uncertainties still surrounding the new Office of Civil Rights, its leadership and how it will define and respond to antisemitism. She also said that teachers and students did not provide sufficient evidence of infringements on free speech, and teachers could not claim speech rights on the job.

“Teacher Plaintiffs are not acting as private citizens and therefore do not have First Amendment rights while teaching,” Wise said in her ruling.

She also dismissed the claim that the law would discriminate against non-Jewish students. “The existence of an Antisemitism Coordinator does not change the Office’s overarching purpose to stop discrimination generally; it merely reflects the State’s decision to accord specific funds to a specific problem,” she said.

Malak Afaneh, a staff attorney at ADC, said the group was reviewing the court’s decision and considering its options.

“AB 715 has already caused educators to alter the way they teach out of fear that classroom discussions or activities could trigger complaints or investigations,” Afaneh said in a statement. “When teachers feel compelled to abandon cultural identity projects or avoid discussions about Palestine, it is students who are denied the opportunity to engage with diverse ideas and perspectives.”

The Jewish Community Relations Council of San Francisco celebrated Wise’s decision as “great news.”

“This ruling, and the fact that the case has been dismissed with prejudice, affirms that AB 715 is a strong, legitimate approach to protecting Jewish students — and all students — against harassment and discrimination,” the group said.

This article originally appeared on JTA.org.

The post California law on antisemitism in schools will be enforced after free speech challenge is defeated appeared first on The Forward.

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