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A Florida bill attacking ‘critical theory’ in higher education has the state’s Jewish academics worried
(JTA) — The University of Florida has more Jewish students than any other public college in the United States — and last week, one of them reached out to a professor, fearing that it would no longer be possible to study Jewish topics there.
Citing a graphic that had been making the rounds on social media, the student asked if it was true that a new bill working its way through the state legislature would remove all “Jewish Studies courses, majors and minors” in the state. The graphic was shared by several people with large online followings, including comedian D.L. Hughley, who has more than 750,000 followers on Twitter.
“I love my major and I can’t imagine switching to anything else,” the student wrote, according to Norman Goda, director of the university’s Center for Jewish Studies.
Goda wasn’t able to console the student. Like other Jewish academics in Florida who spoke to the Jewish Telegraphic Agency, he doesn’t know whether H.B. 999 would affect Jewish studies on the state’s college campuses. Though the bill’s author — a Republican state representative — says that won’t be the case, the bill’s language is much less clear.
That’s because the bill’s current wording would forbid the state’s public higher education institutions from teaching or offering any major or minor based in “methodology associated with Critical Theory.” That prohibition, say academics and other critics of the bill, would make teaching courses in Jewish studies impossible — and would also outlaw many other fields in higher education.
Exactly what the bill means by “critical theory” is unclear. To academics, the term refers to a tool for analyzing society and culture, created in the 1930s by German Jewish academics, that encourages people to view the world through power structures, and to consider why they fall short. To political conservatives, it’s a relative of “critical race theory,” a watchword for those who want to inhibit classroom instruction about racism. An earlier version of H.B. 999 mentioned only critical race theory, not the umbrella theory.
“These people don’t know what they’re talking about,” said a Jewish faculty member at a Florida university, who requested anonymity due to fear of retaliation from the state government, regarding the lawmakers behind H.B. 999. “You’re putting people who don’t know what critical theory is, but have heard the words — and now you’re putting them in charge of universities.”
A university that completely purged such ideas from its classrooms, the anonymous faculty member said, “would be non-existent.”
The bill in question is the latest example of conservative-led state efforts to snuff out culture-war modes of thought like critical race theory and gender studies, often referred to euphemistically by lawmakers as “divisive concepts” in education. Such efforts have occasionally ensnared efforts to teach Jewish history and the Holocaust.
Attempts to legislate the classroom are particularly potent in Florida, where Republican governor Ron DeSantis, a likely presidential candidate, has frequently stated his desire to ban “woke” concepts from being taught in the state. (DeSantis has stated he will wait to see H.B. 999’s final form before he decides whether to sign it, but in a discussion with college administrators last week he continued to rail against what he called the “ideological agenda” of campus diversity, equity and inclusion programs.)
The state recently rejected the curriculum for a new Advanced Placement African-American Studies course in high schools, forcing the College Board to rework the class. Florida is also home to several active conservative “parents’ rights” groups that have lobbied to remove objectionable books and clubs from public schools.
While most legislation in this realm to date has targeted what’s taught in K-12 public schools, this bill and other efforts in Florida have gone a step further by seeking to regulate the world of state-funded higher education — creating what critics say are new and dangerous threats to academic freedom, with broad and vague wording that leaves efforts to research and teach a variety of disciplines in doubt.
“This bill would cripple the long-standing freedom universities have to design and teach a curriculum based on the development of academic disciplines,” Cary Nelson, an emeritus professor at the University of Illinois and past president of the American Association of University Professors ,who has taught multiple courses on Jewish issues, told JTA.
In a recent subcommittee hearing on the bill, Republican state Rep. Alex Andrade, who co-authored the legislation, said, “I believe that state universities should be focused on teaching students how to think, not what to think.” He said the bill’s banning of “radical” ideologies referred to “a system meant to direct and promote certain activism to achieve a specific viewpoint.”
Efforts to limit the material taught to children and college students are underway in several states. But Florida has an especially large population of Jewish students. The University of Florida stands atop Hillel International’s ranking of public colleges with the highest proportion of Jewish students, and the University of Central Florida has the third-largest. Florida State University, Florida International University, Florida Atlantic University and the University of South Florida also rank in the top 60.
H.B. 999 would affect education at those schools in other ways, too. The bill, which recently advanced to committee, would overhaul the state’s post-tenure review process, so that instead of checking on a faculty member’s research productivity every five years, as is currently the case in the state, tenured professors could face reviews “at any time for cause” including “violation of any applicable law or rule.”
The result, one academic in the state said, would be “open season on faculty,” who could be out of a job if their university’s board — which, in public schools, is beholden to the governor — disagrees with their syllabus.
Andrade rejected the idea that H.B. 999 would undercut Jewish studies in Florida.
“Outsiders are wrong. Ethnic studies are not affected by the bill either by the bill’s intent or the bill’s language,” Andrade wrote in an email to JTA, accusing the bill’s critics of “lying and claiming that Florida’s leaders have tried to ban teaching black history in schools.”
The state’s only Jewish Republican legislator, state Rep. Randy Fine, did not return a JTA request for comment on whether he supports the bill. Fine has promoted similar culture-war legislation in the past, including a bill he co-authored in February that would prohibit all K-12 schools in the state from referring to either students or employees by pronouns that do not correspond to the sex they were assigned at birth.
With a Republican-dominated House and Senate, some form of H.B. 999 seems likely to reach DeSantis’ desk. (A parallel bill in the state Senate does not contain wording on critical theory.) But there is strong opposition from the academic community. Groups including the American Historical Association, the American Association of University Professors and Florida’s statewide faculty union have harshly condemned the bill and urged lawmakers to oppose it.
The American Historical Association’s statement on the bill this month calls it a “blatant and frontal attack on principles of academic freedom and shared governance central to higher education in the United States.” More than 70 academic, historical and activist organizations co-signed the statement.
The executive committee of the Association for Jewish Studies signed a different statement authored by the American Council of Learned Societies, decrying the bill as an “effort to undermine academic freedom in Florida.”
“If it passes, it ends academic freedom in the state’s public colleges and universities, with dire consequences for their teaching, research, and financial well-being,” the statement said of the bill. “Academic freedom means freedom of thought, not the state-mandated production of histories edited to suit one party’s agenda in the current culture wars.”
Asked for comment on the bill, Warren Hoffman, the executive director of the Association for Jewish Studies, pointed to the statement.
Rachel Harris, director and endowed chair at Florida Atlantic University’s Jewish Studies program, is in her first semester at the university, having just arrived from the University of Illinois. “I’m now wondering if that was a terrible mistake,” she joked. (Harris is spending this term in Israel, researching on a Fulbright fellowship.)
Still, Harris said she was “confident” that legislators would “continue to support educational commitments in the state,” noting that Florida has a Holocaust education mandate for K-12 public schools. Her Boca Raton university is currently building an expanded center for Jewish and Holocaust studies, funded by private donors. H.B. 999 in its current form would prohibit universities from teaching critical theory concepts even when such programs are privately funded.
Despite what he described as a few students at the Jewish Studies center who are concerned about the new bill, Goda said he did not think the legislation would change the experience of Jewish students on his campus.
“Jewish kids these days are really choosing universities based on whether or not Jewish kids feel comfortable there,” he said. “And I would argue that [the University of Florida] is a very welcoming campus for Jewish kids overall. There are strong Jewish institutions associated with the campus.”
Instead, he feels the bill’s real effects would be felt in the state’s ability to recruit faculty and staff while its legislators jeopardize academic freedom, tenure and other lodestars of the humanities. He said, “The real question to me is how and in what way it’s going to be enforced.”
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The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide
Can courts instruct a rabbinical court to withdraw accusations of chutzpah? This unlikely question was posed to the U.S. Supreme Court this month when a nursing home dispute offered a rare window into how American courts and rabbinical courts operate in parallel. The case illustrates how law – and life – get messy when one encroaches on the other’s authority.
The case centers on an ownership dispute over a New York nursing home, with millions of dollars at stake.
To resolve the dispute, one of the parties — Samuel Strulovitch — turned to a beit din, or rabbinical court, in Monsey, New York. Rabbinical courts across the United States regularly resolve a wide range of business disputes like this one. Beit dins have been growing across the U.S., with more locations, increasing caseloads, and a growing number of rulings popping up in civil courts.
Their popularity reflects two legal systems working together. First, Jewish law generally requires disputes between Jews to be resolved before rabbinical courts rather than civil courts — a rule that, like any good Jewish law rule, comes with plenty of exceptions and caveats. Second, American law treats rabbinical arbitration like other forms of commercial arbitration. When parties voluntarily agree to arbitration, a civil court will generally confirm the resulting “award,” giving it the force of a legal judgment. Going to a beit din thus serves two purposes simultaneously: satisfying a religious obligation and resolving a commercial dispute.
In this case, overlapping interests of multiple investors complicated matters. Strulovitch obtained an award from the Monsey beit din granting him an ownership stake in the nursing home. But the proceeding included Strulovitch and one co-owner, while other owners never agreed to submit the dispute to that beit din. That agreement matters to American courts because arbitration rests on consent, and a beit din’s award cannot bind parties who never agreed to its authority.
The result was more than two years of litigation in two civil courts and three rabbinical courts. That litigation ultimately wound its way before Judge Linda Jamieson of Westchester County, New York. Initially, she barred Strulovitch from confirming or enforcing the original rabbinical award while the court considered whether it affected the rights of investors who had never agreed to arbitration. The bar on civil enforcement was largely uncontroversial: deciding whether a religious ruling should carry the force of an American legal judgment is the civil court’s job.
A second injunction, however, transformed this commercial dispute into a constitutional controversy worthy of the Supreme Court’s attention. After Strulovitch summoned another investor, Moshe Bain, before a Brooklyn beit din, Bain asked Jamieson to bar proceedings in any other forum, “including any beis din,” which she did. In Jamieson’s view, the new beit din proceeding could encompass the same ownership disputes already before her court.
The beit din, however, viewed the order as a form of judicial overreach into religious matters. It thus issued a seruv — a religious contempt order that can expose its target to communal shunning — against Bain, citing the “chutzpah of enjoining [Strulovitch] from pursuing his Halachic rights.” The rabbis emphasized that the beit din had acted “of its own volition,” without any request from Strulovitch or his agents following Jamieson’s injunction.
Such a contempt order, of course, carries no civil legal force, but can have reputational consequences — and trigger social sanctions — within the Jewish community. Judge Jamieson nevertheless viewed the beit din’s actions as an attempt to circumvent her injunction and draw the dispute away from her court. She therefore ordered Strulovitch to “take all steps necessary” to have the beit din withdraw it, “including withdrawing the entire proceeding.” And while Strulovitch argued that intervening in internal rabbinical court matters violated the First Amendment, Jamieson concluded that the matters before the beit din were “not religious,” but commercial disputes that her court had authority to resolve under secular law.
It is here that the judge began to veer from her lane, causing Strulovitch to seek emergency relief from the Supreme Court. By requiring Strulovitch to seek reversal of a religious contempt order that has no civil consequences, the court moved beyond determining civil legal rights and into matters of religious practice. Participation in a beit din is both a means of resolving a commercial dispute and a religious requirement, which under Jewish law is no different than observing Shabbat or keeping kosher. Its commercial subject does not erase its religious significance. And under the First Amendment, it is the believer, not the state, who defines what his faith requires.
The key constitutional question is which authority gets to decide. Courts should decide legal questions, such as whether to enforce an agreement to arbitrate before a beit din or give its award the force of a legal judgment.
But questions of whether to pursue a case in beit din or religiously sanction a party for refusing to participate generally stand beyond the court’s authority so long as those decisions do not violate an independent civil legal right.
The same holds for a religious obligation to pay: A civil court can decline to enforce a beit din’s award, but whether Jewish law nevertheless requires payment remains a matter for the beit din. By demanding Strulovitch work to withdraw the seruv, however, Jamieson crossed into determining religious matters — precisely the sphere the First Amendment protects from judicial interference. That boundary makes this case worthy of Supreme Court inquiry: a judge can decide whether a religious ruling has legal force, but deciding what Jewish law counts as chutzpah is another matter.
For now, the Supreme Court has left those questions unresolved. Justice Sonia Sotomayor required Bain to formally respond to Strulovitch’s request — a sign that it warranted closer consideration. And while she ultimately declined to intervene, she left the door open for him to return once the case played out in the New York courts.
No doubt, as the beit din system grows, harder questions will emerge. But a good rule of thumb is this: Matters of religious doctrine, or of a party’s standing in a religious community, generally lie beyond a civil court’s reach, so long as they leave the party’s rights under American law untouched. Matters that affect those rights belong to the civil courts, even if they also implicate matters that Judaism considers religious. That is how these parallel legal systems can operate alongside one another — each staying in its lane.
(Both of us are affiliated with the Beth Din of America, which is not involved in this case.)
The post The Supreme Court considers ‘chutzpah’ case as rabbinical and civil courts collide appeared first on The Forward.
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Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’
(JTA) — U.S. Ambassador to Israel Mike Huckabee on Saturday condemned an attack in the West Bank by masked settlers on a Washington Post photographer. The attack, which also targeted Palestinians harvesting their olives, occurred Friday and comes amid a sharp rise in settler violence.
Heidi Levine, the Washington Post photographer who holds U.S. citizenship, described the attack to reporters from her hospital bed.
“I got jumped and I saw in the very beginning at least 25, maybe 50 of them, and I was on the ground and they were kicking me for like 10 minutes,” she said.
“We have called for a full investigation, arrest, and prosecution to the fullest extent of the law to whoever participated in this,” Huckabee wrote on X. “Attacking a female photographer is a despicable act of terror carried out by masked cowards. Dishonorable act of senseless violence.”
Israeli President Isaac Herzog also condemned the “shocking violence” and said he had called Levine to apologize. “I expressed my deepest sorrow to Heidi and apologized for what she went through. The despicable behavior of the perpetrators of this attack does not represent the citizens or the values of the State of Israel.”
Video footage from the scene shows masked settlers surrounding and attacking Levine. Some settlers at the scene were masked and carrying weapons. Palestinians can also be seen throwing stones toward the settlers.
A Palestinian was reportedly shot in additional clashes in the area. The Israel Defense Forces alleged in an official statement that soldiers “fired toward a suspect who ran toward them, carrying a sharp object and posed a threat.” Several vehicles were set on fire by the settlers.
Prime Minister Benjamin Netanyahu was equivocal in addressing the attack, stopping short of directly condemning the assailants.
He said that the circumstances in which Levine was allegedly assaulted “remain unclear,” while adding that “Israel unequivocally condemns violence against anyone.”
According to Netanyahu’s statement, “200 Arabs and far-left activists confronted approximately 40 Israeli youths.”
“We will not allow disputed incidents to be exploited to demonize the hundreds of thousands of law-abiding Jewish residents of Judea and Samaria,” the statement said, using the biblical names for the West Bank.
Netanyahu faces elections in less than two weeks and can ill afford to alienate his far-right coalition partners who are aligned with extreme settler factions.
Israeli opposition leader Yair Lapid, by contrast, issued a forceful condemnation of the attack and linked it to the policies of Netanyahu’s government.
“Jewish terror attacks, this time targeting a Washington Post photographer as well, are not a failure of the government — they are the government’s policy,” Lapid said.
“We will put an end to this. It is a disgrace to the State of Israel, a disgrace to the Jewish people, and a disaster on the international stage,” he added. Settler violence against Palestinians in the West Bank has surged since the Oct. 7, 2023, Hamas-led attack on Israel. Netanyahu’s government has sought to downplay the phenomenon, often portraying the perpetrators as a small group of violent youths. But numerous figures in Israel’s political and security establishments have warned that the violence is a broader and dangerous phenomenon.
Levine told reporters the settlers forcibly took her equipment. “All I remember afterwards is that Palestinians managed to come and rescue me and try to carry me, and then an ambulance came,” she said.
The IDF acknowledged the incident in an official statement, saying that “a female journalist was injured” during a “confrontation.” The military said troops dispersed those involved and that “details of the incident will be examined.”
“Violence against innocent civilians is a grave and intolerable phenomenon that requires a coordinated, multi-agency response. The IDF will work together with the relevant authorities to eradicate this phenomenon,” the military said.
The IDF did not announce any arrests in connection with the attack. Settler violence against Palestinians in the West Bank has frequently gone unpunished, with many such incidents resulting in no arrests.
The Foreign Press Association, which represents international media in Israel and the Palestinian territories, condemned the attack, saying Levine was “badly beaten by Israeli settlers” and had sustained moderate injuries.
“This is the latest in a long line of violent attacks by Israeli settlers against journalists and other civilians in the occupied West Bank. Yet our repeated calls for action to confront this lawlessness have been ignored by Israeli authorities,” the association said.
Matt Murray, executive editor of the Post, issued a statement calling for an investigation. “While we are relieved that Heidi has received medical care and is safe, we are outraged by this unwarranted attack on a journalist doing her job and urge a thorough investigation and follow-through from authorities,” Murray said.
The post Huckabee calls settler attack on Washington Post photographer a ‘despicable act of terror’ appeared first on The Forward.
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As Netanyahu loses support before election, Ben-Gvir rises in polls
(JTA) — RAMLA – Prime Minister Benjamin Netanyahu and the parties in his coalition seem to be losing support heading into Israel’s first election since Oct. 7 – with one exception. Otzma Yehudit, headed by Minister of National Security Itamar Ben-Gvir, is seeing a rise in the polls.
Ben-Gvir’s growing popularity ahead of the Oct. 27 election was on full display on a recent weekday when the far-right politician, surrounded by a massive entourage of security guards, police and flag-waving fans, made his way through the central Israeli city of Ramla’s marketplace.
Yet, amidst the cheering and celebration, the extreme nationalism that has contributed to his meteoric rise through the ranks of Israel’s political system – and made Ben-Gvir a household name even beyond Israel’s borders – also drew ire and deep-seated fear in this city known for its mixed Jewish-Arab population.
“Here comes the next defense minister,” a gaggle of teenage boys in matching Ben-Gvir T-shirts chanted as the minister walked through the market, greeting shoppers and stallholders begging for selfies. Ben-Gvir has his sights set on being Israel’s next minister of defense, a huge promotion from his current role managing internal security.
At several of the stalls, the controversial minister stopped to embrace vendors. At a pickle stand, he sampled olives. At a candy store, the owner joyously threw handfuls of small candies over the passing group. And at a juice stand, Ben-Gvir and his entourage were treated to complimentary cups of lemonade.
The minister, elated by the welcome, smiled and waved at passersby, grabbing phones to take selfies, and even chatting with excited fans on video calls.
Beyond the celebration in Ramla, however, Ben-Gvir has been condemned in Israel and beyond for calling for the expulsion of Gazans and using dehumanizing language about Palestinians. A disciple of Jewish extremist Meir Kahane, he for years kept a photo of Baruch Goldstein, who mowed down Palestinian worshippers at a Hebron mosque, in his living room.
It is not only his rhetoric and symbolic gestures that have drawn polarizing admiration and anger. During his four years as national security minister, Ben-Gvir has actively downgraded conditions in Israeli jails, pushed through a law establishing a death penalty for Palestinian terrorists and has led the police during the proliferation of settler violence against West Bank villagers.
These measures have earned opprobrium abroad, but they appear to be winning votes. His supporters are ever more impressed with how he puts his words, and paperwork, into action – and shares it proudly on TikTok.
Polls published this week show that even as Netanyahu and his coalition partners are losing votes to the opposition bloc led by former IDF chief Gadi Eisenkot, Ben-Gvir is getting more. Otzma Yehudit, translated as “Jewish Power,” is predicted to increase from its current six seats to as many as nine.
On the ground, in the marketplace in Ramla, Ben-Gvir’s visit drew extreme reactions ranging from sheer joy to pure anger.
“I love Ben-Gvir,” gushed Hodaya Nabara, 52, who seconds before snapped a selfie with the politician. “He does what he says he will do.”
A resident of southern Israel, Nabara said she was most impressed by how he had ordered the demolition of illegally built homes, in some cases whole villages, built by the burgeoning Israeli Bedouin population, in the Negev region where there is little oversight of construction, and where Bedouin say the government neglects their needs.
“They need to know there is a red line and they can’t do whatever they want,” she said.
But as the entourage passed by Michal Sharabi, the 53-year-old began hurling insults at him and shaking.
“I can’t stand him at all, because of him there is no peace in this country,” she told JTA after calming down. “He is a lowlife, and the people going with him don’t believe in themselves. Is he not embarrassed to come to this city, where Jews and Arabs live together … It’s a chutzpah. I’m furious.”
In a nearby grocery store, a mixed group of Arabs and Jews frowned at the unfolding spectacle.
“We don’t like being defined as Arabs or Jews; we are ‘Ramlaim’ (residents of Ramla),” insisted Uri, who said he was Jewish but declined to give his full name. “We are all neighbors here, and he is making people fight.”
His friend, Hamudi Abu Ghanam, said Arab residents of the city like him were impacted by the events of Oct. 7, 2023, when Hamas launched deadly raids inside Israel, just like the Jews, and many came to help out but that Ben-Gvir still incited against them.
“He is racist,” he said. “Since Oct. 7, we are all against Hamas, and instead of saying thank you, he comes and destroys people’s homes.”
Ben-Gvir’s stop in Ramla struck a particular nerve because the city, which is about 78% Jewish and 22% Arab, was a central point of tension in 1948 when Israel was created. For Arabs, the evidence of the Nakba, which Palestinians call the “catastrophe” of Israel’s creation that displaced the local Palestinian Arab population during its war of independence, is all around in ruins.
At one point on his jaunt through the market, two Arab girls donning traditional hijab headcoverings hovered nearby, but they quickly made a U-turn when they realized who was at the center of the commotion.
Some Jewish onlookers pointed to his theatrics as reasons they were unimpressed by him. Benny Muhtar, 68, a Jewish resident of Ramla, told JTA he thought Ben-Gvir was full of “hot air” – a populist with no substantial policies.
“Look at the young men surrounding him; they are making a lot of noise like this is a serious campaign … that is what is making the people look up and take notice, but none of it is real, and he is doing a lot of damage,” he said.
Others enjoyed the spectacle but, with less than two weeks to go until casting their vote, were still unsure whom they would choose.
“He’s done a lot of really good things,” said Edna Mahbesh, 65, who was handing out the free lemonade. “I really hope he is successful in the election.”
But she was not sure if she would actually vote for him.
“I’ll decide that next week,” she said.
Arbel Flehandler, 19, a first-time voter, stood on the side, watching in awe as the politician passed by.
“He is really good and does a lot of good things,” he said. “I am definitely going to vote for a right-wing party, but not sure if I will vote for him or not. This is my first time, and I am still thinking about it.”
Zehava Perets, 80, said the reactions to Ben-Gvir showed just how polarized Israel is right now.
“It is such a shame there are so many divisions,” she said. “I really don’t know who I will vote for … There are a few good people in each bloc, but it is impossible to get them to work together.”
Liron Lavie, an assistant professor in the Department of Political Studies at Bar-Ilan University, said the extreme reactions for and against Ben-Gvir “speaks to how politics works these days” – as politicians “connect with the electorate through emotional reaction and a sense of pride or fear.”
She said Ben-Gvir should be viewed as part of the “larger global trend where far-right parties are getting stronger.”
Lavie assessed that Otzma Yehudit benefited from the growing appeal of providing simple solutions and simple messaging – and that Ben-Gvir was especially effective on social media platforms such as TikTok.
“At the end of the day, people prefer simple messages,” said Lavie.
She also said that Ben-Gvir, despite being in the government on Oct. 7, had successfully distanced himself from that fact and positioned himself as a strong alternative to Netanyahu on the right.
“Likud and Netanyahu are losing ground,” she said. “They are being criticized about how they managed the situation, either from the center and left or from the right, allowing voters to go to Ben-Gvir, who was able to position himself as an [alternative] to Netanyahu from the right.”
This article originally appeared on JTA.org.
The post As Netanyahu loses support before election, Ben-Gvir rises in polls appeared first on The Forward.
