A federal judge has permitted pro-Palestine student activists at UC Berkeley to present their arguments in a lawsuit filed against the school alleging antisemitism.
Louis D. Brandeis Center for Human Rights Under Law, a Jewish advocacy group, filed the lawsuit in late 2023 for what it calls the “longstanding, unchecked spread of antisemitism” on campus, Daily Cal reports. The group argues UC Berkeley failed to protect students and faculty against antisemitic discrimination and harassment because it did not stop demonstrations or clear a pro-Palestine encampment that called for Israeli divestments.
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UC Berkeley has argued that interfering with the protests would have violated its students’ constitutional rights. In June, the university filed a motion in the U.S. District Court, Northern District of California to dismiss the case. A decision is pending.
“The university stated that it did not use law enforcement to clear the protest because it did not want to create turmoil, which is the sort of on-the-ground judgment that courts are not supposed to second guess,” the motion to dismiss the case read, noting that the university publicly condemned acts of antisemitism. “But neither the Constitution nor federal civil rights statutes make universities automatically liable for even abhorrent conduct by their students.”
Lawsuit Calls Out Pro-Palestine Student Group Bylaws
The lawsuit also focuses on the action of Berkeley Law Students for Justine in Palestine, a student group that adopted bylaws banning supporters of Zionism from speaking at its events. Nearly two dozen other UC student groups adopted variations of the bylaw. The suit disputes the language used by the protestors.
“Anti-Zionism is different from criticism of Israel or opposition to the policies of the Israeli government,” says the lawsuit. “Anti-Zionism rejects the very right of Israel to exist and denies Jews the fundamental right to self-determination.”
Attorney Ronald Cruz, speaking on behalf of the student coalition of pro-Palestinian protest groups, claims the lawsuit asks the federal courts to make any criticism of Israel illegal under the false claim that it is antisemitic, according to CBS News.
6 Pro-Palestine Students Can Present Arguments in UC Berkely Antisemitism Lawsuit
The new ruling by U.S. District Court Judge James Donato allows six student “intervenors” to present additional defenses that UC Berkeley cannot raise. An intervenor is a third party who enters a civil lawsuit to advocate for their personal stake in the outcome, according to Cornell Law School. The motion to intervene was brought forward by the Coalition to Defend Affirmative Action, Integration & Immigrant Rights and Fight For Equality By Any Means Necessary (BAMN), and pro-Palestinian students and activists.
At a press conference Monday, Cruz, who is also a BAMN organizer and UC Berkeley School of Law alum, alleged it is actually pro-Palestine speech that has been “facing censorship and discrimination under the pretext that it is antisemitic.” He also claims the goal of the lawsuit is to “de-recognize” and defund pro-Palestinian student organizations.
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“We’re going to have the opportunity to present evidence, including student witnesses and expert witnesses,” he said.
To manage proceedings, the court imposed conditions on the student intervenors, including limiting them to addressing arguments relating to the plaintiffs’ claims, Daily Cal reports. They also cannot “repeat, restate, or amplify” arguments made or make references to harassment or discrimination, which may be raised in a separate suit, according to the court’s order.
Federal Judge Allows Lawsuit Against Texas Universities to Continue
In Texas, a federal judge ruled Tuesday that a similar lawsuit filed by pro-Palestine student groups against Texas universities’ enforcement of Governor Greg Abbott’s executive order on antisemitism can proceed in court.
In May, the Council on American-Islamic Relations (CAIR) filed a lawsuit on behalf of Students for Justice in Palestine at the University of Houston, Students for Justice in Palestine at the University of Texas at Dallas, the Palestine Solidarity Committee at the University of Texas, and the Democratic Socialists of America after Abbott signed Executive GA-44, which directed universities to update their free speech policies to address rising antisemitism.
CAIR alleges the order violates the First Amendment by incorporating rules where students would be punished for criticizing Israel. U.S. District Judge Robert Pitman said the plaintiffs are “likely to succeed” in proving policies in compliance with the governor’s order are unconstitutional. However, Pitman denied their request for an injunction that would prevent universities from enforcing the order, noting the plaintiffs’ proposed injunction was “overbroad,” the Daily Texan reports.
The executive order also directs universities to incorporate the definition of antisemitism established by the International Holocaust Remembrance Alliance in their free speech policies. Pitman ruled enforcing that particular definition, which includes calling Israel “a racist endeavor” as an example of antisemitism, violates the First Amendment because it punishes a certain kind of speech.
Pitman’s ruling also terminates Abbott as a defendant in the lawsuit.
ACLU Calls on U.S. Colleges to Protect Students’ Right to Support Palestine
Following last week’s rulings, the American Civil Liberties Union, Amnesty International USA, and Human Rights Watch wrote in an open letter urging college and university presidents to respect and protect students’ right to protest in support of Palestinian rights.
The joint letter calls to end the crackdown on peaceful protests and “aims to put universities and colleges on notice as we continue to investigate incidents where campus police and law enforcement used force against peaceful protesters, including the usage of less-lethal weapons.”
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According to the groups, preliminary analysis by Amnesty International’s Digital Verification Corps has identified at least 174 photos, videos, or social media posts from 20 universities of potential excessive use of force by law enforcement under international law. A press release from ACLU specifically calls out the University of California Los Angeles (UCLA), Columbia University, and the City College of New York for its alleged excessive use of force.
“Universities are responsible for protecting both physical safety and free expression on campus,” said Jamil Dakwar, director at the ACLU’s Human Rights Program. “It’s deeply concerning to see universities needlessly expose students to police violence for peacefully expressing their political opinions. We’re urging schools once again to exercise restraint, practice de-escalation, and protect free speech and dissent on campus.”
