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Leading Civil Rights Group Sues University of California, Berkeley Over ‘Unchecked Spread of Antisemitism’
A student walks along the University of California, Berkeley campus in Berkeley, California, US, June 8, 2023. Photo: REUTERS/Carlos Barria
The Louis D. Brandeis Center for Human Rights Under Law has filed a lawsuit against the University of California, Berkeley for allegedly failing to address surging antisemitic hatred on campus, arguing the school has allowed a hostile environment to fester and neglected to stop campus groups from requiring Jewish students and faculty to denounce Zionism.
“This suit targets the longstanding, unchecked spread of antisemitism at the University of California Berkeley, which, following the Oct. 7 Hamas attacks, has erupted in on-campus displays of hatred, harassment, and physical violence against Jews,” said the complaint filed in the US District Court for the Northern District of California on Tuesday. “Court intervention is now needed to protect students and faculty and to end this antisemitic discrimination and harassment, which violates university policy, federal civil rights law, and the US Constitution.”
The complaint, obtained by The Algemeiner, argued anti-Jewish discrimination was prevalent on campus long before Hamas’ massacre across southern Israel last month.
“For over a year, student organizations at Berkeley Law have been enacting and enforcing policies that confront Jews with an unthinkable unlawful ultimatum: Disavow an integral component of your Jewish identity — Zionism — or be denied the same rights and opportunities enjoyed by other members of the campus community,” the document read.
The lawsuit, which requested from the court an injunction on excluding Zionists from student clubs and faculty groups, also named as defendants the regents and other leaders of the University of California, as well as Berkeley Law School.
The complaint provided several examples of antisemitic harassment and exclusion on campus, including a bylaw banning Zionists speakers that 23 Berkeley Law groups adopted in Sept. 2021, campus groups Women of Berkeley Law and the Queer Caucus requiring support for the boycott, divestment, and sanctions (BDS) movement against Israel to join its ranks, and the Berkeley Journal of Gender, Law, and Justice banning Zionists from submitting articles and speaking at its events.
The campus environment worsened after Hamas’ Oct. 7 onslaught across southern Israel, in which the Palestinian terror group murdered over 1,200 people, mostly civilians, and took more than 240 others as hostages to Gaza, according to the complaint. Indeed, the suit alleged that hate mail and death threats have been sent to Jewish students, that Jewish students have opted not to attend class because walking through campus risked encountering angry pro-Palestinian supporters, and that an anti-Israel demonstrator bashed a Jewish student draped in an Israeli flag over the head with a metal water bottle.
“On campus, you have students out in the open being attacked, and the university won’t call it a hate crime. That’s a problem,” Hannah Schlacter, a second-year student at the UC Berkeley Haas School of Business, told The Algemeiner. “There’s a policy in place for how to handle a hate crime, and the [University of California Police Department] did not follow it, and when the student asked why, my understanding is that they didn’t follow the policy in place; they just made up different excuses.”
Schlacter added that Jewish students were victims of a double standard, being the only minorities not protected from discrimination by the university’s Office of Diversity, Equity, Inclusion, and Belonging.
“A big reason I feel anger and disappointment is the realization that the values of diversity, equity, and inclusion that I thought I would be included in don’t apply to me,” she continued. “This is so much bigger than just the Berkeley campus.”
Brandeis Center founder and chairman Kenneth Marcus, who graduated from Berkeley Law, told The Algemeiner that conditions at the school required a legal remedy.
“The situation has only deteriorated over the past year, as well as spreading to other parts of the university. And since Oct. 7, it has gotten so bad that it became clear that we couldn’t wait any longer before taking legal action,” Marcus explained. “There has been actual physical assault and a very seriously escalated problem on campus. Many other campuses have problems too, but Berkeley is unusual in that it had such a challenging situation even before Oct. 7, as well as a history of administrators declining to take appropriate action, which has made the situation worse.”
On Tuesday, a UC Berkeley spokesperson denied the Brandeis Center’s allegations, saying that the school has “long been committed to confronting antisemitism, and to supporting the needs and interests of its Jewish students, faculty, and staff.” The spokesperson cited as evidence the school’s establishment in 2019 of a “groundbreaking” Antisemitism Education Initiative.
Additionally, Berkeley Law Dean Erwin Chemerinsky shared a statement with The Algemeiner defending the school.
“Berkeley Law is dedicated and works hard at being a conducive learning environment for our Jewish students and all of our students,” Chemerinsky said. “The complaint filed by the Brandeis Center paints a picture of the Law School that is stunningly inaccurate and ignores the First Amendment. For example, student organizations have the First Amendment right to choose their speakers, including based on their viewpoint. Although there is much that the campus can and does do to create an inclusive learning environment, it cannot stop speech even if it is offensive.”
The school did not address its handling of the alleged assault on a Jewish student.
The Brandeis Center argued in its complaint, as it has successfully argued in the past, that forcing Jews to denounce Zionism and excluding Zionists from campus activities is not protected by the First Amendment’s right to free speech.
“Anti-Zionism is discrimination against those who recognize the Jews’ ancestral heritage — in particular the Jews’ historic connection to the land of Israel and the right of the Jewish people to self-determination in their ancestral homeland — as key components of their Jewish identity,” the complaint argued. “The United States, along with at least forty-two other nations, has recognized that demonizing, delegitimizing, and applying a double standard to Israel — all forms of anti-Zionism that are distinct from criticism of the State of Israel or opposition to the policies of the Israeli government — are forms of antisemitism.”
Follow Dion J. Pierre @DionJPierre.
The post Leading Civil Rights Group Sues University of California, Berkeley Over ‘Unchecked Spread of Antisemitism’ first appeared on Algemeiner.com.
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McGill cancels talk with former Hamas insider turned Israel advocate, citing fears of violence
McGill University has canceled an on-campus event planned by Jewish students—and temporarily halted bookings for all extracurricular activities—following threats of violence along with a death threat, as outlined in a […]
The post McGill cancels talk with former Hamas insider turned Israel advocate, citing fears of violence appeared first on The Canadian Jewish News.
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US Lawmakers Introduce Bipartisan Bill to Strip Funding From Universities That Boycott Israel
US Rep. Josh Gottheimer (D-NJ) at a press conference in Bergenfield, New Jersey, US on June 5, 2023. Photo: Kyle Mazza/NurPhoto via Reuters Connect
US Reps. Virginia Foxx (R-NC) and Josh Gottheimer (D-NJ) on Tuesday introduced bipartisan legislation to cut off federal funding from universities that engage in boycotts of Israel.
The legislation, titled “The Protect Economic Freedom Act,” would render universities that participate in the boycott, divestment, and sanctions (BDS) movement against Israel ineligible for federal funding under Title IV of the Higher Education Act, prohibiting them from receiving federal student aid. The bill would also mandate that colleges and universities submit evidence that they are not participating in commercial boycotts against the Jewish state.
“Enough is enough. Appeasing the antisemitic mobs on college campuses threatens the safety of Jewish students and faculty and it undermines the relationship between the US and one of our strongest allies. If an institution is going to capitulate to the BDS movement, there will be consequences — starting with the Protect Economic Freedom Act,” Foxx, chairwoman of the House Committee on Education and the Workforce, said in a statement.
Gottheimer added that the legislation is necessary to thwart the surging tide of antisemitism on college campuses. Although the lawmaker noted that students are allowed to engage in free expression regarding the ongoing war in Gaza, he argued that blanket boycotts against Israel endanger the lives of Jewish students and community members.
“The goal of the antisemitic BDS movement is to annihilate the democratic State of Israel, America’s critical ally in the global fight against terror. While students and faculty are free to speak their minds and disagree on policy issues, we cannot allow antisemitism to run rampant and risk the safety and security of Jewish students, staff, faculty, and guests on college campuses,” Gottheimer said in a statement. “The new bipartisan Protect Economic Freedom Act will give the Department of Education a critical new tool to combat the antisemitic BDS movement on college campuses. Now more than ever, we must take the necessary steps to protect our Jewish community.”
The legislation instructs the US Department of Education to keep a record of universities that refuse to confirm their non-participation in anti-Israel boycotts. The list of universities in non-compliance with the legislation would be made publicly available.
In the year following the Palestinian terrorist group Hamas’s massacre acrosssouthern Israel, universities across the country have found themselves embroiled in controversies regarding campus antisemitism. In the immediate aftermath of the terrorist attacks in Israel, hordes of students and faculty orchestrated protests and demonstrations condemning the Jewish state. Student groups at elite universities such as Harvard and Columbia issued statements blaming Israel for the attacks and expressing support for Hamas.
Several high-profile universities have also shown a significant level of tolerance for anti-Jewish sentiment festering on their campuses. Northwestern University, for example, capitulated to demands of anti-Israel activists to remove Sabra Hummus from campus dining halls because of its connections to Israel. At Stanford University, Jewish students have reported being forced to condemn Israel before being allowed to enter campus parties. Students at the University of Pennsylvania and Brown University launched unsuccessful attempts to convince the university to divest endowment funds from companies tied to Israel.
The post US Lawmakers Introduce Bipartisan Bill to Strip Funding From Universities That Boycott Israel first appeared on Algemeiner.com.
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Harvard Chaplains Omit Antisemitism From Statement on Antisemitic Incident
Demonstrators take part in an “Emergency Rally: Stand With Palestinians Under Siege in Gaza,” amid the ongoing conflict between Israel and Hamas, at Harvard University in Cambridge, Massachusetts, US, Oct. 14, 2023. Photo: REUTERS/Brian Snyder
Harvard University’s Office of the Chaplain and Religious and Spiritual Life is being criticized by a rising Jewish civil rights activist for omitting any mention of antisemitism from a statement addressing antisemitic behavior.
The sharp words followed the office’s response to a hateful demonstration on campus in which pro-Hamas students stood outside Harvard Hillel and called for it to banned from campus. Such a demand is not new, as it began earlier this semester at the direction of the National Students for Justice in Palestine (NSJP) organization, which coordinates the lion’s share of anti-Zionist activity on college campuses.
As seen in footage of the demonstration, the students chanted “Zionists aren’t welcome here!” and held signs which accused the organization — the largest campus organization for Jewish students in the world — of embracing “war criminals” and genocide.
Addressing the behavior, Harvard Chaplains issued a statement, which is now being pointed to as a symbol of higher education’s indifference to the unique hatred of antisemitism, as well as its permutation as anti-Zionism.
“We have noticed a trend of expression in which entire groups of students are told they ‘are not welcome here’ because of their religious, cultural, ethnic, or political commitments and identities, or are targeted through acts of vandalism,” the office said, seemingly circumventing the matter at hand. “We find this trend disturbing and anathema to the dialogue and connection across lines of difference that must be a central value and practice of a pluralistic institution of higher learning.”
It continued, “Student groups who are singled out in this way experience such language and acts of vandalism as a painful attack that undermines the acceptance and flourishing of religious diversity here at Harvard. Let us all endeavor to care for one another in these divisive times.”
Recent Harvard graduate Shabbos Kestenbaum, who addressed the Republican National Convention in August to discuss the ways which progressive bias in higher education fosters anti-Zionism and anti-Western ideologies, described the statement as a moral failure in a post on X/Twitter on Tuesday.
“Disappointing,” he said. “After Harvard Jews were told by masked students ‘Zionists aren’t welcome here’ outside of the Hillel, the Chaplain Office finally released a statement that did not include the words Jew, Zionism, Israel, or antisemitism. A total abdication of religious responsibility.”
Kestenbaum noted in a later statement that Harvard’s chief diversity and inclusion officer, Sherri Ann Charleston, has so far declined to speak on the issue at all. He charged that when Charleston “isn’t plagiarizing, she and DEI normalize antisemitism,” referring to evidence, first reported by the Washington Free Beacon, that Charleston is a serial plagiarist who climbed the hierarchy of the higher education establishment by pilfering other people’s scholarship.
Harvard University president Alan Garber — installed after former president Claudine Gay resigned following revelations that she is also a serial plagiarist — has, experts have said, been inconsistent in managing the campus’ unrest.
During summer, The Harvard Crimson reported that Harvard downgraded “disciplinary sanctions” it levied against several pro-Hamas protesters it suspended for illegally occupying Harvard Yard for nearly five weeks, a reversal of policy which defied the university’s previous statements regarding the matter. Unrepentant, the students, members of the group Harvard Out of Occupied Palestine (HOOP), celebrated the revocation of the punishments on social media and promised to disrupt the campus again.
Earlier this semester, however, Garber appeared to denounce a pro-Hamas student group which marked the anniversary of Hamas’s Oct. 7 attacks on Israel by praising the brutal invasion as an act of revolutionary justice that should be repeated until the Jewish state is destroyed, despite having earlier announced a new “institutional neutrality” policy which ostensibly prohibits the university from weighing in on contentious political issues. While Garber ultimately has said more than Gay when the same group praised the Oct. 7 massacre last academic year, his administration’s handling of campus antisemitism has been ambiguous, according to observers — and described even by students who benefited from its being so as “caving in.”
The university’s perceived failure to address antisemitism has had legal consequences.
Earlier this month, a lawsuit accusing it of ignoring antisemitism was cleared to proceed to discovery, a phase of the case which may unearth damaging revelations about how college officials discussed and crafted policy responses to anti-Jewish hatred before and after Hamas’s massacre across southern Israel last Oct. 7.
The case, filed by the Louis D. Brandeis Center for Human Rights Under Law, centers on several incidents involving Harvard Kennedy School professor Marshall Ganz during the 2022-2023 academic year.
Ganz allegedly refused to accept a group project submitted by Israeli students for his course, titled “Organizing: People, Power, Change,” because they described Israel as a “liberal Jewish democracy.” He castigated the students over their premise, the Brandeis Center says, accusing them of “white supremacy” and denying them the chance to defend themselves. Later, Ganz allegedly forced the Israeli students to attend “a class exercise on Palestinian solidarity” and the taking of a class photograph in which their classmates and teaching fellows “wore ‘keffiyehs’ as a symbol of Palestinian support.”
During an investigation of the incidents, which Harvard delegated to a third party firm, Ganz admitted that he believed “that the students’ description of Israel as a Jewish democracy … was similar to ‘talking about a white supremacist state.’” The firm went on to determine that Ganz “denigrated” the Israeli students and fostered “a hostile learning environment,” conclusions which Harvard accepted but never acted on.
Follow Dion J. Pierre @DionJPierre.
The post Harvard Chaplains Omit Antisemitism From Statement on Antisemitic Incident first appeared on Algemeiner.com.
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