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‘Baby Killer’: Elite Virginia Private School Pays Over $100K to Settle Antisemitism Lawsuit

Illustrative: Pro-Hamas agitators participate in anti-capitalist “Shut it down for Palestine!” protest in Vienna, Virginia, US, on Nov. 24, 2023. Photo: Leah Millis via Reuters Connect

Nysmith School for the Gifted in Fairfax County, Virginia, agreed on Tuesday to pay $100,000, plus attorneys’ fees and other costs, to settle a lawsuit which alleged that it expelled three Jewish students for reporting antisemitism, avoiding a potentially lengthy trial.

The harrowing accusations rocked the private institution — which is superlatively acclaimed across the state and charges an annual tuition of more than $46,000 per year — calling into question its commitment to serving all students, regardless of race, religion, or ethnic origin.

One of the victims in the case, an 11-year-old Jane Doe, allegedly endured months of torment related to Israel’s war against Hamas and the aftermath of the Oct. 7, 2023, massacre. According to the lawsuit, bullies called her a “baby killer,” proclaimed that Jews should be murdered for launching a military response to Hamas’s atrocities — which included sexually assaulting men and women and murdering the young and elderly — and openly professed that it was her Jewishness that had detonated their explosive, anti-Jewish rage.

Nymith’s headmaster, when briefed on the situation, told the young woman to “toughen up” and declined to discipline the offenders, the complaint said. At the same time, the school began to cancel Jewish history on campus, shutting down an annual week of Holocaust commemoration that would have featured a survivor of the Nazis’ genocide and discussions on antisemitism prevention. The school told the community that the war in Gaza forced its hand to be sensitive to global events, even amid incidents such as a student creating a portrait of Adolf Hitler.

In the end, Nysmith expelled Jane Doe, as well as her two siblings.

Now, in addition paying her family what amounts to nearly $150,000, the school says it will adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism, which is used by governments across the world, and submit to monitoring by a third-party watchdog for a minimum five-year period. That monitor will oversee the conclusion of Nysmith’s investigation of the bullying allegations and determine whether school officials did not intentionally violate the law.

“Justice has been served for our clients’ family, and the resulting actions underway at Nymith School will help prevent this kind of discrimination from happening to others. These steps are critical as antisemitism in K-12 education continues to rise,” Brandeis Center chairman and chief executive officer Kenneth Marcus said in a statement. “Through this settlement, we send a clear message, one that demonstrates accountability and willingness to improve.”

He added, “It is our hope that other schools and universities around the country will follow suit. We thank [Virginia Attorney General Jason S. Miyares] for the prompt and energetic work of his office throughout this process.”

Headmaster Ken Nysmith issued a public statement of contrition.

“I want to take this opportunity to acknowledge that there are things I could have done differently in this particular situation, and for that, I am truly sorry,” Nysmith wrote in a letter to parents. “For the 40 yeasts I have been at Nysmith, I have always tried to do my personal best, guided by our commitment to our students, families, and staff. In this instance, I will use this experience to reflect, to learn, and to continue improving as a leader.”

The Jewish Community Relations Council of Greater Washington issued a comment on the resolution of the case as well.

“To call the facts of this case an outrage would be an understatement,” the organization said. “As antisemitism continues to surge in the United States, we must all do our part to fight back. Every school should offer an environment that is welcoming, inclusive, and free from hate. This agreement provides a roadmap toward the better future that Jewish families need more than ever, and that all of our children deserve.”

The Brandeis Center, one of America’s leading Jewish civil rights groups, notched another major court victory on Thursday which secured a six-figure settlement for a cohort of plaintiffs who alleged that their union fostered a hostile environment against Jewish and Zionist members during an outbreak of pro-Hamas sentiment set off by the Oct. 7, 2023, massacre across southern Israel.

As previously reported by The Algemeiner, the Association of Legal Aid Attorneys (ALAA) allegedly became a “cornucopia of classic modern antisemitism” in late 2023. Just weeks after the Oct. 7 attack, it passed a virulently anti-Israel resolution which made only a passing reference to Hamas’s atrocities and launched a smear campaign against Jewish members who opposed it. Following that, the union facilitated the filing of disciplinary, “formal charges” against Jewish and Zionist members, attempting to expel them from its ranks.

Per the terms of the agreement, ALAA, the union for New York public defenders, will shell out $315,000 in damages while admitting culpability in the events which precipitated legal action. The ALAA also agreed to institute new training courses on the rights of union members and accept a neutral third party’s oversight of other organizational procedures.

“We are seeing an increasing trend in labor union antisemitism, much as we have seen a similar increase on college campuses. In both cases, there is bitter irony,” Marcus said in a statement. “Colleges are supposed to be islands of reason and tolerance. Labor unions are supposed to be advocates for social justice and workplace equality. To find the oldest hatred in such places is deeply antithetical to their mission.”

He added, “This settlement is a landmark in the fight against antisemitism in this sector. I am gratified by this outcome and resolved to support Jewish workers at any union around the country that is seeing this problem arise. Based on what we’re hearing around the country, there will be more of these cases coming.”

Follow Dion J. Pierre @DionJPierre.

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Tidbits: Taiwan opens its first Jewish cemetery

Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:

אויפֿן אינדזל טײַוואַן האָט מען לעצטנס פֿאַרלייגט דעם ערשטן בית־עולם אין לאַנד, דרײַ יאָר נאָך דעם ווי אַן אָרטיקער ייִד האָט, בײַם גוססן, אויסגעדריקט צער, וואָס מע וועט אים נישט קענען באַגראָבן אין טײַוואַן.

הרבֿ שלמה טאַביב, אַ מיטגרינדער פֿונעם חב״ד־הויז אין דער טײַוואַנער קרוינשטאָט טײַפּיי, האָט געזאָגט אַז דער ייִד האָט אים געבעטן בויען אַ בית־הקבֿרות אין טײַוואַן, כאָטש ער האָט געוווּסט אַז ער אַליין וועט נישט דערלעבן דאָרט באַגראָבן צו ווערן.

„זײַנע ווערטער זענען פֿאַר מיר געווען אַ קול־קורא,“ האָט טאַביב געזאָגט. „איך האָב פֿאַרשטאַנען, אַז אויב איך וועל זיך דאָס נישט אונטערנעמען, וועט קיינער עס נישט טאָן.“

מיט אַ חודש צוריק האָט מען פֿאַרלייגט דעם בית־עולם און באַלד נאָך דעם האָט טאַביב אָנגעפֿירט מיט דער ערשטער לוויה על־פּי־הלכה אין דער געשיכטע פֿון טײַוואַן. 95% פֿון די מתים אין טײַוואַן ווערן קרעמירט.

דער בית־עולם געפֿינט זיך אין אַ וואַלד, בערך 40 מינוט פֿונעם חב״ד־הויז. פֿאַר טאַביב איז דער בית־עולם געווען דאָס לעצטע רינגל אין אַ קייט פּראָיעקטן לטובֿת דער אָרטיקער ייִדישער קהילה. אין 2021 האָט מען געעפֿנט אַ ייִדישן קהילה־צענטער, אַ דאַנק אַ מתּנה פֿון 16 מיליאָן דאָלאַר פֿון אַן אָרטיקן ייִדישן געשעפֿטסמאַן, דזשעפֿרי שוואַרץ. אינעם צענטער געפֿינט זיך אַ שיל, אַ כּשרע קיך, אַ יודאַיִקאַ־מוזיי, אַ מיקווה און אַ זאַל פֿאַר 300 מענטשן.

הגם דער נײַער בית־עולם איז דער ערשטער אין טײַוואַן איז ער נישט דער ערשטער אין כינע. אין האָנג־קאָנג האָט מען געגרינדעט אַ בית־הקבֿרות נאָך אין 1855, און אין שאַנכײַ — אין 1862.

צו זען דעם אַרטיקל אויף ענגליש גיט אַ קוועטש דאָ.

To see this article in English, click here.

The post Tidbits: Taiwan opens its first Jewish cemetery appeared first on The Forward.

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EU seeks to advance trade ban on Israeli settlements

(JTA) — The European Union could be leaning toward banning trade with Israeli settlements in the West Bank.

Foreign ministers debated various tactics to respond to the settlements on Monday at their monthly council meeting in Brussels, against the backdrop of rising violence by settlers and efforts by the Israeli government to expand settlements in Palestinian territories.

In a press conference following the meeting, the EU’s foreign policy chief, Kaja Kallas, said one possibility had stood out.

“The option that got the most support was banning the trade with illegal settlements,” she said. All 27 member states consider Israeli settlements in the West Bank to violate international law.

Kallas added, “We tasked the ambassadors to take this work forward, and probably will also have an extraordinary meeting on this.”

No decisions have yet been made, and the path forward is uncertain. Some EU member nations favor aggressive action against the settlements, while others are unlikely to back any measures that take aim at Israel. A number are in the middle and have not decided whether they support trade bans.

The level of agreement between European governments needed to enact a partial or full trade ban on Israeli settlements remains an open question. Kallas said it was the European Council’s legal opinion that voting on trade issues called for a qualified majority, meaning that 15 out of 27 states would have to vote in favor, representing at least 65% of the EU population.

But she also acknowledged that legal experts disagreed about how much backing was needed for a trade ban. “You can always find different lawyers who come up with different ideas,” she said.

Israel’s Foreign Minister Gideon Sa’ar accused Kallas of an “obsessive campaign against Israel” in a post on X. “There was no consensus. There was no qualified majority. In fact, there was no majority at all,” he wrote, adding, “Tricks like this do nothing to advance our shared interests.”

The EU has hotly debated measures against Israel as settlements in the West Bank have expanded and settler violence has sharply intensified over recent years. The Israeli NGOs Peace Now and Kerem Navot said in a report last week that “the current Israeli government has advanced de facto annexation of the West Bank at an unprecedented pace.”

The ministers considered measures including a stricter export licensing system, higher tariffs and a partial or outright ban on goods produced over the pre-1967 lines. The options were first presented in a paper last week by the European Commission, the EU’s executive branch, as pressure mounted from European governments.

Kallas said these potential moves were not “options against Israel,” but “options against the illegal settlements that undermined the two-state solution.” She told reporters before the meeting that member states had been pressing for a trade ban on Israeli settlements, saying, “Everyone agrees that the situation in the West Bank is really intolerable.”

In May, the EU sanctioned Israeli settlers over violence against Palestinians after Hungary’s new government, led by Peter Magyar, gave its approval and allowed the states to reach a consensus.

To protest the Gaza war, the commission last year proposed suspending the EU’s free trade agreement with Israel as set out under the EU-Israel Association Agreement, the cornerstone of economic and political cooperation between Europe and Israel. The proposal was not advanced because it lacked the majority support of 15 member states.

The EU is Israel’s largest trading partner, accounting for 33.1% of its imports and 29.4% of its exports in 2025, according to a summary on the European Commission website, which did not provide data on settler goods. The free trade agreement does not apply to goods originating from Israeli businesses located over the pre-1967 lines.

Revoking the association agreement requires unanimous approval from the EU’s 27 member states, while a partial suspension, such as freezing the free trade agreement, calls for a qualified majority. Germany, Italy, Hungary and Czechia have consistently opposed such suspensions.

Israel’s most vocal critics in Europe, including Ireland and Spain, have pushed for suspending the association agreement along with proposing their own import bans at the national level. Ireland now holds the rotating presidency of the European Council, a six-month term that ends in December 2026.

The legal basis of trade restrictions on Israel lies at the heart of debates in the EU. Support from a qualified majority is sufficient to enact a commercial policy, while changes in the common foreign and security policy — such as sanctions — require unanimity.

Some legal scholars have argued that an EU ban on imports from Israeli settlements should be imposed as a trade measure rather than a sanction, making it easier to pass.

A group of 40 scholars said in an open letter last month to Kallas, trade chief Maroš Šefčovič and European Commission president Ursula von der Leyen that a blanket ban on settlement imports had a legal basis under the EU’s common commercial policy. Claims that unanimity was needed for the prohibition were “grounded in political rather than legal considerations,” they said.

The scholars also referenced an advisory opinion from the International Court of Justice in 2024, which said that Israel’s military control of Palestinian territories in the West Bank constituted an illegal occupation.

“In that regard, it should be noted that the EU Court of Justice has ruled that, in its acts, the EU is ‘bound to observe international law in its entirety,’” they said.

Daniel Mariaschin, Honorary CEO of the pro-Israel Jewish advocacy organization B’nai Brith International, told the Jewish Telegraphic Agency that reducing trade “would only weaken one of Europe’s most important partnerships in the region.”

“There are those within the EU who are looking for any way to undercut Israel’s international standing, and this is yet another example,” Mariaschin said.

This article originally appeared on JTA.org.

The post EU seeks to advance trade ban on Israeli settlements appeared first on The Forward.

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PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors

(JTA) — The president of PEN America resigned over the weekend in protest of a report on boycotts targeting Jewish and Israeli authors, part of yet another round of internal division over Israel at the literary free-speech institution.

Dinaw Mengestu, an Ethiopian-American novelist and Bard College professor, told The Atlantic he was stepping down because he believed the PEN report, “A Silent Moratorium,” failed to defend the free-speech rights of participants in the movement to boycott Israel.

“It’s the First Amendment that allows all of us to engage in boycotts, not PEN America,” Mengestu told the publication. “PEN America as a free expression organization is supposed to defend that right.”

The author did not respond to multiple Jewish Telegraphic Agency requests for comment, but in an Instagram post Monday alluded to an interest in creating a new organization to rival the prominent nonprofit, which defends the free expression rights other writers.

In response to an interview request, PEN sent a statement to JTA saying it was “grateful” for Mengestu’s leadership and would “respect” his decision. The statement also alluded to PEN’s own past turmoil: “We tell hard stories, in politically challenging moments, about writers from a range of perspectives, even when it’s uncomfortable for us given our own recent history.”

In its report, published on its blog, PEN described “Jewish and Israeli writers who feel that the mainstream literary world is increasingly shutting them out because of their identity, nationality, or views.” Interview subjects include several Israel critics, as well as literary agents who assert that they face more difficulties signing Jewish authors after the Oct. 7, 2023, Hamas attack on Israel and amid the subsequent war in Gaza. The report also repeatedly cited a JTA report about a 2024 viral list of “Zionist” authors to boycott.

Among other details, PEN’s report revealed that Israeli novelist Etgar Keret and public radio host Ira Glass had cancelled a planned live event in Australia over fears of threats and protest.

“This silencing and exclusion of writers is a threat to what PEN America is fundamentally committed to defending: a culture of free expression for all,” according to the report.

In addition to the report, PEN also altered its institutional policy toward cultural boycotts, which the organization has long opposed. Although its report on Jewish authors asserted that boycotts “threaten the free expression rights” of their targets, the revised guidelines say that the group will also defend the right of writers to participate in boycotts.

Mengestu’s resignation comes at a perilous moment for Jews facing cultural boycotts, both within the standard-bearers of PEN and elsewhere. PEN’s Jewish former longtime CEO stepped down in 2024 following months of blowback from rank-and-file authors who felt the organization was insufficiently critical of Israel and caused PEN to cancel a festival for global authors.

Since the leadership change, PEN leadership has published and retracted a condemnation of a boycott effort trained at an Israeli comedian and also published a report cataloguing Israel’s “cultural destruction in Gaza.”

Mengestu had assumed the role of board president in 2025. But PEN’s report about Jewish and Israeli writers on Thursday, he wrote, “makes clear that [change] will not happen.”

The Anti-Defamation League said it was “deeply troubled” by Mengestu’s resignation Monday. “Freedom of expression means opposing efforts to boycott, silence, or exclude writers because of their identity or nationality,” the organization tweeted, saying that the author’s decision to leave PEN over his objections to the report on Jewish authors “sends a chilling message.” Jewish authors also objected.

“Imagine running a free expression org and resigning because it refuses to blacklist authors based on their nationality,” the author David Zweig wrote on X, musing whether Mengestu would object to boycotting authors from his birth country: “Ethiopia doesn’t exactly have a good human rights record.”

In response to The Atlantic’s story that quoted sources from inside PEN who were critical of his resignation, Mengestu wrote a lengthy Instagram post Monday in which he stated, “This piece is about trying to suppress constitutionally protected speech,” criticized past PEN reports critical of the BDS movement, and added, “What PEN America fails to understand is that boycott is a form of dialogue.”

He announced his intention to “help make something better,” receiving affirmative comments from notable authors including Viet Thanh Nguyen, Angela Flournoy, Jewish pro-Palestinian novelist Jess Row and Pulitzer Prize-winner Benjamin Moser, author of a forthcoming history of Jewish anti-Zionism.

Other Jewish authors on the left were among those defending Mengestu’s decision to step down.

“Dinaw is one hundred percent correct that this kind of fake victim propaganda can be used to support anti-Boycott legislation which violates the First Amendment and is everywhere as popular support for Palestinians grows,” author Sarah Schulman wrote on Facebook. Calling PEN’s blog about Jews “one of those fake anti-semitism pieces,” Schulman added, “If PEN wants to survive, they have to get out of the Israel/Zionism business.”

The post PEN America president, defending Israel’s critics, resigns after report warns of threats to Jewish authors appeared first on The Forward.

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