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Inside the auction house driving the rare-book craze in the Orthodox world
(JTA) – Israel Mizrahi joined dozens of fellow connoisseurs of rare Jewish books last December to watch the livestream of Genazym, the hottest auction house in the market. A bookdealer by trade, Mizrahi was also on the phone being paid to advise a wealthy client who had signed up to make bids.
But as the auction proceeded, Mizrahi’s advice had little use. His trigger-happy client didn’t seem to care about established valuations: He ended up paying about $50,000 for a book estimated at half that price. “He just pressed the button and kept on bidding until the bidding was over,” Mizrahi said. “There was no convincing him out of it. He spent nearly $600,000 that day and there was no sense to it.”
Behavior that confounds veterans of the rare Jewish book market has become routine at auctions organized by Genazym.
Mizrahi recalled the sale in 2021 of a Passover Haggadah printed in the 1920s in Vienna. With attractive illustrations of a prominent 19th-century rabbi named Moses Sofer and his family, the book makes for a nice addition to a collection. It also happens to be very common.
“I sell copies for $100, and I have probably sold 150 copies in my life,” said Mizrahi, whose shop in Brooklyn is a mecca for Jewish book lovers. “It sold for about $5,500 at Genazym’s auction. I currently have it on sale still for $100.”
At the highest end of sale prices, a 16th-century first-edition Shulchan Aruch, a book of Jewish law, commanded $620,000 at a Genazym auction last September, while a copy of Noam Elimelech, a classic rabbinic treatise, printed in 1788, fetched $1.4 million four months later — in both cases at least doubling or tripling what experts thought the items were worth based on past sales of the same texts.
“Genazym has come on like a freight train into the world of Jewish auctions. Some of the prices realized are far beyond what this market has seen before,” said David Wachtel, the former Judaica consultant for Sotheby’s auction house.
Since Genazym’s first auction in 2017, it has sold some 1,900 books, manuscripts and other collectible documents for about $26 million plus commission, roughly $12 million above total starting prices, according to an analysis by the Jewish Telegraphic Agency of auction records on Genazym’s website. Genazym has increasingly outperformed the longest-standing Judaica auction firms in New York and Jerusalem.
A page from an illustrated Passover haggadah printed in Vienna in the 1920s. (Courtesy of Genazym)
It’s hard to tell exactly what’s driving the boom because the identity of Genazym’s customers is confidential and few flaunt their collections widely. One of the auction house’s owners, in a rare public comment, ventured that Jewish buyers are craving a connection with their heritage. What’s clear is that at a time when traditional libraries are cutting back on buying Jewish texts, Genazym is tapping into an emerging luxury market among Orthodox Jews — and fueling the rise of religious texts as both a status symbol and investment vehicle in some communities.
“I know the sellers, the customers and everybody involved and there is a new wealthy class of Orthodox Jews that have a limited range of things they can splurge on,” Mizrahi said. “They don’t go to Vegas, they don’t do crazy vacations. They keep kosher. So this is a way that they can splurge and show off.”
Rabbi Pini Dunner, who collects rare Jewish books, said investing in Judaica is likely attractive for some in the Hasidic community, whose religious observance is stricter than that of congregants at his Modern Orthodox synagogue in the Los Angeles area.
“There are people I know here in Beverly Hills who’ve got car collections worth tens of millions of dollars,” Dunner said. “In the Hasidic world that has no currency, just as the wow factor of a Picasso has no currency. An original manuscript or first-edition of the Noam Elimelech has a real wow factor, particularly if you can tell people the book sold for more than a million dollars at a Genazym auction.”
The impression that the Hasidic world has grown wealthier over the last decade or two is widespread and based, at least in part, on the proliferation of luxury products and services tailored for the community in places like Lakewood, New Jersey, and Kiryas Joel, New York. Weddings have become increasingly expensive and elaborate, fine dining options are common, and high-end kosher wine and liquor are more readily available.
“It wasn’t that long ago that sit-down dining was looked down upon or not even available. Now there are a plethora of options,” said Chaim Saiman, a law professor at Villanova University who studies the intersection of commerce and Jewish law. “It’s no secret that $200 bottles of Scotch appear at kiddush clubs all the time. $50 used to be a big deal, then $100 was a big deal, now we are at $200.”
Where the new wealth is coming from is not totally clear. Limited survey and U.S. Census data suggests that Orthodox Jews feel crunched by costs associated with practicing religion and that there are large pockets of poverty among them, particularly in Hasidic communities, according to Mark Trencher, the founder of Nishma Research, a nonprofit dedicated to studying the Orthodox Jewish community. The prevalence of large families also means that generational wealth can be harder to accrue for Orthodox Jews.
But there have always been high earners whose philanthropy has buttressed their communities, Trencher noted. “There are a lot of people in that community that are very successful in their businesses and they have large amounts of wealth,” he said. “Those people generally are huge donors to charities. From a financial perspective, those communities are probably doing much better than you would expect them to.”
Many of those high earners make their money through entrepreneurship rather than professional success in the white-collar world. Many nursing home chains — an industry valued at an estimated $171 billion and where growth is expected — have Orthodox owners. Amazon has also created new opportunities for Orthodox businessmen. Orthodox landlords, meanwhile, have benefited from skyrocketing real estate prices in places like Williamsburg, Brooklyn.
A page from a 16th-century first-edition Shulchan Aruch, a book of Jewish law, which fetched $620,000 at a Genazym auction. (Courtesy of Genazym).
Recent reporting in The New York Times about the Hasidic education system has provided a window into another stream of revenue for private businesses in the community. Entrepreneurs in the community have responded to the increased availability of government funding for special education in New York in recent years by establishing companies to service Hasidic schools, with the government footing the bill. In one example highlighted by the Times, a married Hasidic couple opened such a business in 2014 when they were 21 and 19 years old; in 2022, their company received more than $38 million in government funding.
The owners of another set of companies providing services to Hasidic schools appear to have used their windfall to purchase rare books through Genazym. The owners were indicted in January for allegedly billing the government for more than $1 million in childcare services that they never provided and otherwise defrauding the government out of more than $2.8 million.
Prosecutors are seeking to have the alleged fraudsters forfeit seven books and other documents as listed in a federal indictment. They include manuscripts with a rabbinic signature and rare books of blessing and Jewish law, all of which match items listed on Genazym auctions, where they sold for a total of about $274,000.
Buying Jewish texts at auction can seem like a savvy investment for buyers seeking to safeguard or grow their wealth. Before Genazym launched, a typical Genazym buyer might have invested in U.S. Treasury bills or the stock market, according to Wachtel, the former Sotheby’s consultant.
“I think Genazym has been able to convince people that this is a good vehicle for establishing and growing wealth,” he said. “That also dovetails with your ability to, let’s face it, show off. Somebody comes to your house, you can show them a first-edition Shulchan Aruch. But you’re not going to say, hey, come look at my T-bills.”
The auction house’s tactics appear tailor-made for this growing market. Its motto is “Own your heritage,” and it’s printed on the catalogs the company distributes through popular Orthodox magazines like Ami or Mishpacha or podcasts, places where people with no prior interest in books might encounter the hype. The catalogs also appear in synagogues in heavily Hasidic areas like Brooklyn or Lakewood, but without the prices printed on them so as not to violate a Jewish prohibition against discussing financial matters on Shabbat.
The descriptions in the catalogs emphasize any links that exist between the items for sale and notable rabbis from history, especially figures who established rabbinic dynasties that continue to exist today and who are revered by yeshiva-educated Orthodox Jews. The link might be a signature of a rabbi in a ledger from an old fundraising tour that took place 200 years ago. Or it might be that an important rabbi owned the book in question or even prayed out of it. Like a pair of pants of a prominent Israeli rabbi that drew widespread attention when they briefly went up for auction last month, these texts are seen by some as conferring holiness onto those who possess them. By virtue of their pedigree, these artifacts might even be seen as a segula, or Jewish protective charm.
In its promotional materials and live auctions, Genazym also uses more colloquial and hyperbolic language to describe its items than traditional auction houses, which tend to stick to the kind of terminology used by academic scholars.
“Genazym found a formula to make books and manuscripts really exciting for the layperson, especially in the Orthodox community,” said Yoel Finkelman, a former curator of the Judaica Collection at the National Library of Israel. “They are not using the vocabulary of experts, they’re using plain ordinary language, like ‘very old’ or ‘very rare.’ No one at Sotheby’s would ever refer even to a thousand-year-old book that way.”
Genazym’s unique approach extends to the delivery of items to buyers. A traditional buyer in the rare Jewish book market, like Michelle Margolis, Columbia University’s Jewish studies librarian, might only care that the book they bought is safely delivered. But with Genazym, the books come wrapped in a proper clamshell and velvet bag. “I rolled my eyes when my delivery arrived, but at the same time that’s a lot of investment,” Margolis said, adding that many other auction houses have been cutting costs, for example, by doing away with their customary printed catalogs.
Jacob Djmal, who lives in Brooklyn, has dabbled in Judaica collecting for many years, an interest he picked up from his grandfather. He remembers suddenly seeing Genazym’s advertising everywhere. “They started reaching out to you in every way possible, finding a demographic that wasn’t aware before. Every Genazym auction I have people texting me — ‘Did you hear about this? Did you hear about that?’ — as if something is happening that had never happened before.”
Sometimes, that is true. A breakout moment came during the December auction, when Genazym cleared $4.4 million in sales, about $2.6 million above total starting prices.
“If there was any doubt that Genazym were now the most commercially remarkable rare book auction house on Earth, the results of their latest Judaica auction this week put paid to that: essentially almost every lot sold for at least twice [the estimated amount],” a major British book collector living in France said on his anonymous Twitter account, which has around 110,000 followers, in December.
If there was any doubt that Genazym were now the most commercially remarkable rare book auction house on earth, the results of their latest Judaica auction this week put paid to that: essentially almost every lot sold for *at least* twice estimate…. 1/https://t.co/iAC4sQudIz pic.twitter.com/eeunjqWzAs
— Incunabula (@incunabula) December 13, 2022
It remains to be seen whether Genazym can challenge Sotheby’s Judaica division as the destination for sellers with the rarest and most valuable books. Last year, a medieval prayer book sold for $8.3 million at Sotheby’s and this year, the New York auction house is accepting bids for the oldest known copy of the Hebrew Bible, which is expected to fetch as much as $50 million.
But Djmal considers especially remarkable about Genazym is not just the high prices but also the way in which rare books have caught on among Orthodox youth as something cool. “My son and his friends in yeshiva are talking about these items,” Djmal said. “These books represent rabbis they have heard about from a young age.”
The team behind Genazym’s success is led by three brothers from the Stefansky family who live in Jerusalem and New York. Before starting an auction house they worked for many years as private dealers in the rare book market. Their names, Chaim, Moshe and Bezalel, rarely appear anywhere and they almost never grant interviews. Chaim Stefansky made an exception for the Jewish Telegraphic Agency and requested that this article not put him in the spotlight nor portray Genazym’s success as a product of his business acumen.
Stefansky said Genazym has tapped into a universal and deep-seated desire of people to strengthen their identities by connecting with the past. The Jewish community, he said, has been poorly served by an emphasis on historical and even current persecution.
“Always, we are victimized and we cry,” Stefansky said. “What we have in common maybe is that your grandmother and my grandmother were sharing the same bed in Auschwitz. Give me something positive of my past to be proud of. Your heritage has not only sorrow but also a happy, rich, and huge intellectual tradition. So Genazym comes and tells people about their heritage. It’s yours. It belongs to you.”
He said the same thing can be done with any ethnic or religious group.
“If you go to the Irish community and press the right buttons in terms of what you know that every Irish person is extremely proud of, I think you’ll be very successful,” Stefansky said.
He rejected the impression that Genazym’s buyers come primarily from the ranks of the nouveau riche in the Hasidic world.
“It’s coming from all sections,” Stefansky said. “People will say that there’s a lot of fresh money in the market. But we also have very good old money. We have institutions. And, also, the regular man. Mostly, the regular man, who never knew he could have access to any of this.”
One of the only customers who agreed to be identified and interviewed for this article is Rick Probstein, who says he’s spent more than $100,000 at the company’s auctions. He can’t remember when he started seeing Genazym catalogs but he had never collected Judaica before, which is perhaps surprising given that he’s an Orthodox Jew who’s been working in the collectibles business since he was a child trading baseball cards.
Today, at 53, Probstein is one of the largest sellers of sports collectibles in the world, operating through a dedicated account on eBay. “I run a humongous business — I am doing something like $160 million a year,” he said of his sales volume.
Probstein, who lives in Passaic, New Jersey, had long felt a pang of guilt about the lack of Jewish content in his collection. “I collect things but what do I have of my own heritage?” he recalled thinking to himself. “So when I started getting the catalogs, I said, ‘I gotta be a good Jew.’ I started bidding on things and I got really into it.”
Once Probstein got started, the Stefansky brothers began checking in on him, providing concierge service and cultivating him as a client.
“This is a boutique run by a Jewish family with a personal touch,” Probstein said “They call me on the phone, saying, ‘Rick, did you get the catalog? What did you think? Here are some items that you could really like.’”
Bidding on Genayzm items is not purely sentimental for Probstein. “I’m putting real money into it because I think that from an investment standpoint, it has a lot of upside,” he said.
Still, the items he buys tend to have personal significance.
“I am partial to items relating to the Chofetz Chaim,” Probstein said, referring to the rabbi and Jewish scholar Yisrael Meir Kagan, who died in 1933. Probstein’s oldest son is named Yisrael Meir in his honor. The Chofetz Chaim also appeals to Probstein because of his writings about lashon hara, the prohibition in Jewish law against speaking evil of people. “I think that speech is important and he’s sort of the embodiment of that,” Probstein said.
Genazym has sold six letters and a handwritten blessing signed or written by the Chofetz Chaim at prices ranging from about $16,000 to $68,000.
Ever since Probstein started collecting Judaica, these items have served as a draw for family and friends visiting his home.
“People in my community that come over for kiddush [refreshments after Shabbat service] know that I have this stuff and they always want to see it,” Probstein said. “Nobody ever looks at my sports memorabilia collection because it’s in my office but my Judaica stuff is in my house. They look at the letters and talk about the historical context. People love it.”
The revelation that so many Jews appear fascinated with their own history and want to engage with scholarly tradition comes at a time when many Jewish libraries have been struggling.
The library of the Jewish Theological Seminary in Manhattan, which has the most comprehensive and significant collection of Jewish books outside of Israel, has seen its footprint downsized amid budget cuts at the Conservative movement seminary. Also under financial pressure, American Jewish University was forced to sell its Bel Air campus in Los Angeles, which housed a library. Hebrew Union College, meanwhile, opted to end its Reform rabbinical training program in Cincinnati and even though the campus library has survived the cuts, financial uncertainty remains.
Genazym’s populist approach might hold lessons for Jewish institutions and university libraries with significant Judaica collections that hope to engage the public around books.
“The lesson is to lay off the snobbery a little bit,” said Finkelman, the former Judaica curator at the National Library of Israel, which is slated to reopen in a new and more accessible space later this year. “The goal of public institutions is to enable preservation but also to enable public access and public education. There are great stories in books and archives.”
Finkleman said he has encountered sneering reactions to the way Genazym promotes books, and they are similar to the response in the United States when the pop star Lizzo played a crystal flute that belonged to James Madison on stage at the Library of Congress.
“There are echoes of the same thing here,” he said. “Get out of the snobby ivory tower and realize you are preserving history for people.”
—
The post Inside the auction house driving the rare-book craze in the Orthodox world appeared first on Jewish Telegraphic Agency.
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‘He made Black Jews not invisible anymore; he was the bridge’
Rabbi Capers C. Funnye, Jr. rabbi and spiritual leader of Beth Shalom B’nai Zaken Ethiopian Hebrew Congregation in Chicago, and the Chief Rabbi of the International Israelite Board of Rabbis, died Nov. 2 at the age of 74.
A cousin of Michelle Obama and an important leader for Black Jews in America, Funnye was raised in the African Methodist Episcopal Church and converted to Conservative Judaism. He held leadership positions in Chicago’s Jewish community and was a consultant to many cultural institutions throughout the United States.
“I’ve known him my whole life,” said Rabbi Tamar Manasseh said. “There is nothing that prepares you for this. I think it’s really important for people to know that he made Black Jews not invisible anymore. He was the bridge.”
“At that time it was not the priority for other Black Jews, but for him it was the priority,” Manasseh continued. “There were a million times that he was uncomfortable to one day bring comfort to us all.”
Funnye was born in 1952, in Georgetown, South Carolina, and attended Howard University. He received a B.A. in Hebrew literature and a rabbinic ordination from the Israelite Board of Rabbis, Inc., in Queens, New York, and a B.A. in Jewish studies and an M.A. in human services administration from the Spertus Institute of Jewish Studies, in Chicago.
In 1995, Funnye, Michelle Stein-Evers and Robin Washington (an editor-at-large at The Forward) founded the Alliance of Black Jews.
Funnye became the first African American member of the Chicago Board of Rabbis in 1997, and was named Chief Rabbi of the International Israelite Board of Rabbis, in New York in 2015.
He also served as a rabbi for congregations in Nigeria, Uganda, and other sub-Saharan African nations.
“Rabbi Capers Funnye was my ‘rebbe’ for connecting with the Black community and for understanding how important it is to bring the Black Jewish community to the very center of the Jewish community,” said Rabbi Asher Lopatin.
“I was inspired as he fought hard to gain acceptance as a full member of the Chicago Board of Rabbis and then succeeded in getting full membership in the New York Board of Rabbis and opening up the New York Board of Rabbis to graduates of the Israelite Rabbinical Academy,” Lopatin said. “I will never forget his passion, his brilliance, his insight and his love for Judaism, the Jewish community and Israel. May his memory be a blessing.”
“It was an honor to welcome Rabbi Funnye and members of the International Israelite Board of Rabbis to become part of our rabbinic family. His steadfast commitment to group relations helped us to better understand the dynamics of the Black Jewish community,” said Rabbi Joseph Potasnik, executive vice president of the New York Board of Rabbis. “May we continue to perpetuate his legacy.”
“Rabbi Funnye has touched countless lives with his spiritual leadership, wisdom, and unwavering commitment to our congregation and the broader Hebrew Israelite community. His legacy of faith, service, and dedication will continue to inspire generations,” Beth Shalom B’nai Zaken Ethiopian Hebrew Congregation wrote on its Facebook page.
The post ‘He made Black Jews not invisible anymore; he was the bridge’ appeared first on The Forward.
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Top Jewish lawyers quit Indiana ACLU amid controversy over new director
Four attorneys have resigned from the ACLU of Indiana amid concerns over the incoming executive director’s approach to free speech and allegations of antisemitism.
Legal director Kenneth Falk, a prominent Jewish civil rights lawyer who has twice argued before the U.S. Supreme Court, along with deputy legal director Gavin Rose, senior staff attorney Stevie Pactor and staff attorney Josh Bleisch, all resigned in recent weeks, the ACLU of Indiana’s board confirmed in a statement to the Forward. Their resignations were first reported by the Indy Star.
The concerns center on Nikkita Oliver, a lawyer and longtime Seattle activist who was announced in June as the next executive director of the ACLU of Indiana.
Oliver, who posted a Palestinian flag on Instagram about two weeks after Oct. 7, 2023, alongside quotes about oppressed peoples’ “right to resist,” made comments during a July meeting that a former staff member interpreted as questioning Jewish attorneys’ ability to represent pro-Palestinian activists fairly.
Oliver, who uses they/them pronouns, also said they objected to the ACLU’s landmark legal defense of neo-Nazis’ right to march in Skokie, Illinois in 1977, which raised questions for some former staff about whether Oliver was committed to defending free speech irrespective of ideology.
Oliver’s original start date of Sept. 1 has been pushed back as the ACLU of Indiana conducts a third-party investigation “to establish the facts.”
“It is distressing that a small group of staff who have, at most, interacted with me once seem to have generated these rumors and false allegations,” Oliver wrote in a statement to the Forward, adding that they “welcome a fair, third-party review.”
A disputed meeting
The wave of resignations followed a July “get to know you” coffee conversation between Oliver and Neil Hudelson, ACLU of Indiana’s director of philanthropy at the time.
Hudelson told the Forward that during that meeting, Oliver brought up a 2016 free speech case involving pro-Palestinian student activists at Indiana University, which the ACLU had declined to take. Two community members had reached out about the case after their hiring was announced, Oliver said.
Hudelson said he was unfamiliar with the case, or why the ACLU might have decided not to pursue it, and asked Oliver for details, which Oliver said they didn’t know. Hudelson then recalled explaining to Oliver that the ACLU of Indiana has repeatedly defended pro-Palestinian activists’ right to free speech.
Where the conversation took a turn, according to Hudelson, was when Oliver said three times that it was “very interesting” that the ACLU had declined to take the case.
The two parties’ interpretations of the interaction differ.
Hudelson’s interpretation was that Oliver viewed the organization’s Jewish attorneys, who had vigorously defended pro-Palestinian activists’ free speech rights, as biased against Palestinians.
“It’s not hard to know that 50% of our legal team at the time was Jewish,” Hudelson, who is not Jewish himself, told the Forward. “The fact they kept repeating, just finding it ‘very interesting,’ struck me as antisemitic.”
While Oliver also recalled bringing up the 2016 case, they disputed the idea that it had anything to do with the attorneys’ religious background.
“I am a direct person who says exactly what I mean without hedging,” Oliver said in a written statement documenting their recollection of the meeting. “I did not intend or insinuate anything beyond providing an example of a meritorious case the affiliate did not take.”
Hudelson filed a complaint at the time about the interaction and said he hoped the matter would be resolved with a private investigation.
Tensions flare
Pactor, one of the Jewish attorneys who resigned, told the Forward she had raised concerns about Oliver’s commitment to the ACLU’s nonpartisan mission. (The legal arm of the ACLU must refrain from intervening in political campaigns in order to maintain its 501(c)(3) tax-exempt status.)
Pactor said she filed a complaint expressing concern over a comment Oliver made during a meeting with her in July about wanting to turn Indiana “light red.”
In a statement to the Forward, Oliver said by turning the state “light red,” they meant ensuring equal access to voting, which “naturally shifts the political landscape away from an exclusive focus on a single party.” (Indiana has largely voted for Republicans for president.) Oliver also noted that Pactor was in the running to become executive director but was not selected.
For Pactor, those concerns were compounded by Oliver’s social media history.
Less than two weeks after the Oct. 7 attacks, Oliver posted a Palestinian flag to Instagram and quoted author Arundhati Roy, who said “People have the right to resist annihilation.” Oliver added in the post that Martin Luther King Jr. “began to see the limits of non-violent protest” toward the end of his life.
“I am heartbroken and angry,” Oliver wrote at the time. “If we want the violence to stop, we must stop the root cause. This means ending the occupation of Palestine by Zionist Israel, supporting Palestinian liberation and ending the apartheid state.”
The ACLU of Indiana board defended the post to the Forward as “an intellectual critique of power dynamics, not an incitement of violence.”
After two Israeli embassy staff, Yaron Lichinsky and Sarah Milgrim, were shot and killed outside the Capital Jewish Museum in May 2025, Oliver reposted this message on their Instagram story: “20k children dead: violence is okay. 2 israeli embassy staff members dead: violence is not okay anymore.”
In another post, after the May 2026 shooting at the Islamic Center of San Diego that killed three people, Oliver reshared an image on their Instagram story calling the attack “the direct result of white supremacist, Zionist and anti-Muslim rhetoric being pushed by the state and media.”
Blaming the mosque attack on “Zionist” rhetoric without evidence was concerning, Pactor said, especially since the two teenage gunmen had expressed neo-Nazi views in writings they left behind.
In a statement to the Forward addressing their social media posts, Oliver wrote, “These posts speak to the double standard that can exist in the media when some deaths are deemed tragic, and others are deemed necessary. All life is precious. I understand that, outside of free speech, pro-Palestine advocacy is not within the ACLU of Indiana’s portfolio, and I do not intend to change that.”
On Sept. 27, a group of 79 Jews across the country who identified themselves as “organizers for Palestinian rights” submitted a letter of support for Oliver, writing that they could “attest that Nikkita [Oliver] explicitly and consistently cares about the safety of Jewish people.”
Tensions continued to flare among the ACLU staff, culminating in a Sept. 29 board meeting attended by Hudelson, who said board members said Oliver was the victim of false allegations.
Hudelson said he was fired two days later. The board said it would not comment on the details of personnel matters but noted that one employee was fired “for cause.”
Pactor resigned a few weeks later, on Oct. 19.
The Skokie question
Oliver also brought a perspective to free speech advocacy that appeared to diverge from the ACLU’s longstanding tradition of defending the rights of even the most objectionable speakers.
In 1977, the ACLU famously represented neo-Nazis who wanted to march through Skokie, Illinois, a heavily Jewish suburb of Chicago that has been home to many Holocaust survivors. The neo-Nazis never ended up marching, though they won the legal right to do so in court — with Jewish ACLU attorney David Goldberger arguing on the neo-Nazis’ behalf.
The ACLU’s decision to defend the rights of neo-Nazis was controversial; at the time, many Jewish lawyers resigned in protest. But it also helped establish the organization’s credibility as a group committed to the principle of free speech for all.
The ACLU has repeatedly reaffirmed its decision in the Skokie case. Today, the ACLU website notes that many consider the Skokie case “one of the ACLU’s finest hours.”
Oliver told Hudelson during their July meeting that they disagreed with how the ACLU handled the case.
“If I had been the head of the ACLU during Skokie, I would have found a different approach through integrated advocacy — such as submitting an amicus brief on the First Amendment — that protected the free speech of all without subjecting a Jewish community to potential harm,” Oliver wrote in their account of the meeting with Hudelson.
That approach conflicts with the way the ACLU has historically operated. Falk, who had served as legal director at the Indiana ACLU since 1996 before resigning, is among those Jewish free speech lawyers who have represented clients many find unsavory. He has argued on behalf of the Ku Klux Klan on multiple occasions, including when the hate group wanted to host a rally at the Gary, Indiana City Hall.
“If we don’t stand up for the rights of everyone, even people we don’t necessarily personally agree with, all of our rights are diminished,” Falk told The Indiana Lawyer in May. (The Forward was unable to reach Falk for comment.)
Hudelson and Pactor both told the Forward they were concerned by Oliver’s approach.
“Ken was always saying, ‘You don’t know what it’s like until your rabbi has to ask you why you have the Grand Wizard of the KKK in your office,’” Hudelson said. “But that’s what we do. We’re the ACLU.”
In a statement, the board said the ACLU of Indiana was not changing its approach to free speech litigation.
“I understand that under the law hate speech is free speech, and I believe in the ACLU’s mandate to protect all people’s civil liberties and civil rights,” Oliver wrote in a statement to the Forward. “I am aware of the ACLU’s stance and understand the difference between the affiliate’s work and my own frameworks and political leanings.”
The third-party investigation is set to be completed in November.
The post Top Jewish lawyers quit Indiana ACLU amid controversy over new director appeared first on The Forward.
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Arab parties are kingmakers, but will Israel’s Jewish leaders accept them?
(JTA) — JERUSALEM – Less than an hour after election night exit polls were published, Mansour Abbas, the leader of the Islamist Ra’am party, whose representation was predicted to almost double, declared: “We will translate this electoral power into an influential political force … we’re here — not on the sidelines.”
With all the votes now counted, Ra’am has indeed grown from five to eight seats, while the other Arab party, the Joint List, has received 11. Their combined unprecedented 19 seats out of a total of 120 in Israel’s parliament, the Knesset, now make the Arab parties a powerful force and one that could potentially break the political deadlock after neither the bloc led by Prime Minister Benjamin Netanyahu nor the opposition bloc led by Gadi Eisenkot have enough seats to form a governing coalition.
A record number of Arab-Israelis voted in last Tuesday’s election, signaling for the first time in Israel’s history that the country’s Arab public, which makes up around 21% of the general population, is demanding to be counted in Israel’s political process.
The question, now, is whether Israel’s Jewish political leaders — and the public they represent — are ready to accept them as legitimate partners in governing the country.
“The Arab parties managed to produce an historic turnout in the Arab community, a reflection of this population joining Israeli democracy and the democratic process, and their desire to see their issues being taken care of by the Israeli government and political system,” Yohanan Plesner, president of the Israel Democracy Institute, told the Jewish Telegraphic Agency.
“But while they performed phenomenally and beyond any expectation, it’s still too early to tell whether the massive expectations that led Israeli Arab voters to the streets will actually be met by a political system willing to respond to this desire,” he said.
The record voter turnout among Arab-Israeli citizens breaks with a decades-old tradition of shunning Israel’s political institutions in protest over the conflict with the Palestinians – many themselves identify as Palestinian citizens of Israel – and a feeling that whoever is in power will not truly address their needs.
After four years of a government dominated by far-right Israeli nationalists, however, Arab voters felt they had no choice but to step up, analysts told JTA. It was not only the inflammatory rhetoric and attacks on the Arab community by senior government ministers that drove up turnout to some 80% – compared to only 53.2% in the last election in 2022 – but also the outgoing government’s policies.
Minister of National Security Itamar Ben-Gvir, who prior to his political career was convicted for incitement to racism, has overseen mass demolitions of illegally built homes, especially in the Bedouin towns in Israel’s Negev region, and failed to address soaring crime rates in Arab towns.
Finance Minister Bezalel Smotrich has threatened to force the Arab population in Israel out of the land, outlining in September a plan to Judaize Arab-majority areas in Israel’s periphery. In one recent case, he even backed young Israeli Jews who set up an illegal outpost inside an Israeli-Arab town.
It is such moves, as well as multiple statements casting suspicion on Israel’s Arab sector, especially following Hamas’s Oct. 7, 2023, massacre in southern Israel, that ultimately pushed the community to vote en masse, according to experts on the Arab community. Many cast ballots for the first time.
“It was an existential fear,” said Michael Milshtein, head of the Palestinian Studies Forum at the Moshe Dayan Center at Tel Aviv University, who has researched political trends in Israel’s Arab community for years.
He pointed to a poll published following the election by Arabic-language newspaper Kul al-Arab showing that nearly 92% of Arab voters said that the main thing driving them out to vote was the fear of Smotrich and Ben-Gvir.
“It’s an almost unprecedented motivation,” he said. “But it can also be a formula for a cascade of expectations.”
Among those expectations now is that Israel’s majority Jewish parties that have promised change in the country – and promised to oust Netanyahu and his far-right partners – will include Arab parties or at least make use of this electoral momentum.
The political party Ra’am, which has roots in the Muslim Brotherhood, has already shown a willingness to join the government. The party, which focuses on social welfare issues and fighting crime, already broke down barriers in 2021 by joining former prime ministers Naftali Bennett and Yair Lapid in a government that briefly ousted Netanyahu.
For the Joint List, an alliance of three majority Arab parties focusing on socialist politics, civic equality for Arab citizens of Israel and Palestinian nationalism, joining an Israeli government or even providing it with a safety net from the outside is a big step.
All three parties – Hadash, a left-wing socialist party, Ta’al, a party promoting Arab civic rights and equality, and Balad, which represents pan-Arab nationalism – hold at their core the fight for Palestinian rights and national statehood.
Yet at least two of the parties, Hadash and Ta’al, have indicated a willingness to put some of their agenda aside in order to help change Israel’s current leadership.
“We are ready for political cooperation to form an alternative government that will present a genuine alternative and commit to a fundamental change in the current government’s racist policies,” Yousef Jabareen, head of the Joint List, said as votes were being counted on Thursday. “A government that will work to recognize the rights of the Arab public and end its exclusion, and that of its representatives, from the political system.”
However, Gadi Taub, a professor at Hebrew University of Jerusalem and co-host of the Israel Update podcast, called including such parties in Israel’s government “ridiculous.”
“These parties are anti-Zionist, they are against the very existence of Israel and some of them are direct terror supporters,” he said, referring to statements made by Balad’s leader Sami Abu Shehade after Oct. 7, which he later walked back.
“None of them will designate Hamas as a terror organization, even after Oct. 7,” noted Taub, adding that Israeli law should forbid parties that are openly against a Jewish state from running for parliament.
He pointed out that attempts to ban the Arab parties from running in this election were ultimately blocked by Israel’s Supreme Court, although Shehade did withdraw from the race. No other country would tolerate political leaders that “do not acknowledge the self-determination” of the country they live in, said Taub.
Including Arab parties in a government is something that was not even considered by Jewish or Zionist-focused parties until the offer came from Ra’am in 2021. In fact, there have only ever been two Muslim Arab ministers, Ghaleb Majadele, a member of the Labor Party, who served under former prime minister Ehud Olmert and Issawi Frej, from the Meretz Party who served from June 2021 to December 2022.
Three years after Oct. 7, when fear and mistrust of Arabs because of the attack remain high, the idea of aligning politically with Arab politicians who openly advocate for Palestinians is even more complex.
While Netanyahu and his coalition partners painted such a collaboration as an existential threat for the state in the lead-up to last week’s vote, almost all the parties in Eisenkot’s bloc, except for the Democrats headed by Yair Golan, also ruled out the possibility.
Mairav Zonszein, a senior Israel analyst with the International Crisis Group, said it was difficult to evaluate whether Israeli society as a whole was now ready for such political influence from Arab Israelis, but said the more pertinent question was whether Eisenkot and his political partners, Naftali Bennett and Avigdor Lieberman, were ready for it.
“This is pretty much their only option if they want to get rid of Benjamin Netanyahu,” she said. “The main question is how important it is for them to remove Netanyahu that they would be willing to compromise on something that they made a frontline issue?”
Zonszein added that even center-left former prime minister Yair Lapid, whom she characterized as pragmatic in every other way in his efforts to oust Netanyahu, has stated that he would not work with the Arabs.
She called lumping the entire sector together “outrageous.”
“It really defies the very notion of a democracy,” Zonszein said, accusing Netanyahu of dismissing “Palestinians just for being Palestinians, regardless of the fact that they are law-abiding citizens, that they pay taxes and are present in all aspects of the workforce.”
Throughout Election Day, the embattled Netanyahu published a stream of video clips declaring that Arabs were “flocking” to the polls. He told his supporters that if they did not want an Islamist state in Israel, then they’d better get out and vote for him.
Analysis by some fact-checkers has since revealed that many of the images Netanyahu used to scare his voters were in fact AI-generated fakes.
Tani Frank, director of the Shalom Hartman Institute’s Center for Judaism and State Policy, argued that the delegitimization of the Arab vote was one of the “focal points of the Likud campaign.”
“One reason for this is to weaken the ability of the change bloc to form a government with the support of, or reliance on, the Arab parties — specifically Ra’am and Mansour Abbas, who has already done so previously,” he said.
Frank said he believed that the willingness of Jewish Israelis to accept cooperation with Arab parties, especially after Oct. 7 and the Likud campaign, was extremely limited.
A few days before the election, a snap poll conducted by the Israel Democracy Institute found that “a clear majority of Israeli Jews opposed either Arab party playing a role in any government.”
While a majority of those on the left said that they would support a coalition of center and left-wing parties with the support or participation of the Arab parties, those in the center and right preferred another round of voting rather than forming a coalition with them.
Since the election, Netanyahu and his supporters have tried to cast doubt on the mass Arab turnout and on the legitimacy of the Arab political leadership. This has included accusations by members of his Likud party of voter fraud and foreign interference from Qatar, followed by statements Thursday from the Central Elections Committee that it was investigating foreign funding irregularities.
Netanyahu wrote in a post on X: “The elections in the State of Israel were stolen by Arab parties that support terrorism and the elimination of the Jewish state, through serious criminal offences involving bribery, threats, violence, forgery and the use of prohibited software to mobilize voters.”
Supreme Court Justice Noam Sohlberg, head of the elections committee, said on Sunday at a press conference with the country’s attorney general and the director of the Israel Security Agency, the Shin Bet, that the investigation into alleged foreign funding was serious and ongoing but would not change the results.
“Our position is that even if the suspicions are substantiated, this would not undermine the integrity of the electoral process or the election results as a whole,” he said.
On Saturday night, protests were held by both those against allowing Arabs into the government and those who believe it is the only way forward. A small group of those who are against such a move gathered in Tel Aviv chanting that Israel must not allow “terror supporters into the government.” Much larger groups of protesters in favor of a collaboration gathered around the country urging Eisenkot to take the step.
Mohamed Darawshe, a political analyst and director of strategy at Givat Haviva, a leading center educating for a shared society in Israel, said that if after the massive turnout on Election Day the Arab parties were not included in a change government, there would be great “disappointment.”
“If they are blocked from the right wing, that is understandable. But if their natural partners in Jewish society block them, they will end up turning their back on the whole political scene,” he said.
Darawshe said such a scenario would make Arab society unlikely to participate in such numbers in future elections.
“It will be like a vote of no confidence in the Israeli political system and complete disbelief in the promise that Israel can offer political equality as promised in the Declaration of Independence,” he said.
Political equality, Darawshe pointed out, is “not just allowing Arab citizens to exercise their equal rights on the day of the elections, but also to exercise their rights the day after the election, meaning allowing them to be part of the coalition and not to create a glass ceiling at representation in parliament.”
This article originally appeared on JTA.org.
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