Aviva Vogelstein Brandeis Blog June 21, 2017 Today, the Brandeis Center wrote to University of Wisconsin – Madison (“UW”) Chancellor Rebecca Blank, applauding her administration for castigating the Associated Students of Madison’s controversial April 26, 2017 Student Council (“ASM”) divestment measure, and urging further action from her administration. This past semester, the ASM introduced various versions of BDS resolutions, violating the ASM Constitution & Bylaws in the process and discriminating against and harassing Jewish students and their allies. Though the UW administration castigated the ASM’s April 26 BDS resolution, more must be done to correct the campus environment and discipline certain students. LDB urged action, including: • Addressing the statement from former ASM Chair that “All white people are racist.” Such negative racial stereotypes are unacceptable, and is especially damaging to the campus environment when conveyed by a person with official stature, even within the student body. As explained in LDB’s Best Practice Guide, it is necessary for university leaders to exercise moral leadership by expressing their views of difficult subjects. • Taking responsive actions consistent with UW nondiscrimination policies and Wisconsin Statute. • Requiring orientation and training for all ASM Members on the nature of and different manifestations of anti-Semitism, and the appropriate means of addressing it. Additionally, requiring orientation and training for all new students on the nature of and different manifestations of anti-Semitism, and the appropriate means of addressing it. • Updating the “UW Student Handbook, Policies on Accommodating Students’ Religious Beliefs” to include that the ASM Student Council should be accommodating to students’ religious beliefs. • Creating more academic and extracurricular programming to raise community awareness about global and campus anti-Semitism, making use of valuable UW resources, such as the UW Hillel and the UW Mosse/Weinstein Center for Jewish Studies. • Adopting a uniform definition of anti-Semitism, such as the definition used by the U.S. State Department or the recently adopted University of California Regents’ Statement of Principles Against Intolerance, in order to avoid and properly identify anti-Semitism should it arise in the future. The full text of LDB’s letter can be found below (*with student names redacted): June 21, 2017 VIA EMAIL (rblank@chancellor.wisc.edu) Chancellor Rebecca M. Blank University of Wisconsin – Madison 161 Bascom Hall 500 Lincoln Drive Madison, WI 53796 Dear Chancellor Blank, We write on behalf of the Louis D. Brandeis Center for Human Rights Under Law, at the request of our friends at the University of Wisconsin Hillel, to applaud your administration for castigating the Associated Students of Madison’s controversial April 26, 2017 Student Council (“ASM”) divestment measure (hereinafter “Divestment Measure”) and to urge further action from your administration. The Louis D. Brandeis Center is a national public interest advocacy organization dedicated to the civil and human rights of the Jewish people and justice for all. We appreciate your April 26, 2017 online statement that the Divestment Measure does not control the policies or practices of the University of Wisconsin – Madison (“UW”) or the UW Foundation (“WFAA”) and will not change your approach. You exercised commendable leadership by clarifying your opposition to the anti-Semitic movement to boycott, divest from, and sanction Israel (“BDS”). We further applaud the ASM Student Judiciary for voiding a discriminatory bylaw change at the April 12 ASM meeting, which took place on the Jewish holiday of Passover. The Student Judiciary properly voided the bylaw change; suggested that the former ASM Chair attend tolerance training and apologize for her discriminatory actions; and mandated the incoming ASM Chair to send a letter to the Student Council explaining why her motion to waive the rules was wrong, why the nondiscrimination clause of the ASM constitution is essential, and why Passover is important to the Jewish community. We urge you to build on this good start, keeping in mind your important observation that Jewish students felt targeted by the ASM’s actions. You say that “UW-Madison values and welcomes members of all faiths and identities,” and we take you at your word. We ask that you demonstrate this with further actions to correct the hostile campus environment created for Jewish students on campus, and prevent such discrimination and harassment from recurring. The comments made during and in the wake of the ASM meetings demonstrate a lack of understanding and respect for Jewish students and the Jewish religion. Some statements demonstrated gross insensitivity, at best, as well as negative ethnic and racial stereotypes. They include, for example, sweeping offensive generalizations. Jewish students present at the various ASM meetings, and students who attempted to speak up on behalf of Jewish students, felt targeted and harassed. Some of the discriminatory statements and actions that occurred include the following: • The statements demonstrated blatant disregard for the concerns of Jewish students and for Jewish religious observance. For example, the ASM introduced a bylaw change at the April 12 meeting that fell on Passover, despite the expressed concerns of Jewish students. Furthermore, the ASM suspended its acting rules so that they could vote and pass this bylaw change at the introductory meeting, when such legislation usually requires two votes. In doing so, the ASM violated their own bylaws and the Constitutional rights of Jewish students, and demonstrated a blatant disregard for excluding Jewish students from participating. (This is the bylaw change that the Student Judiciary has since voided.) • At the April 26th ASM meeting, ASM members carefully orchestrated a campaign to introduce BDS amendments to a resolution on human rights. They failed to give Jewish students and pro-Israel students proper notice about these planned amendments, not allowing them to come and voice their opinions and again in violation of ASM bylaws, ignoring previous concerns that Jewish students had expressed. The legislation passed. Jewish students felt harassed and intimidated at this meeting, which will be explained below. • Also at the April 26 meeting, speakers made a variety of harassing and discriminatory comments in open forum against Jewish students and their allies, including: o Several speakers likened Jewish students to white supremacists. For example, a student member of the organization Students for Justice in Palestine said, “Judaism is not Israel, Israel is not Judaism. This is not about the Jewish community on campus, it is about the Zionist community, and these two are mutually exclusive . . . We stand for black, brown and indigenous lives and are sick of being silenced by your white supremacist voice” (see Audio of April 26 ASM Meeting, beginning at 1:26:12). In this problematic statement, the speaker denied the fact that Israel is central to Jewish identity and likened all statements that come from non-black, brown, or indigenous people as statements coming from white supremacists. She essentially lumped together all individuals against this legislation, a great majority of whom were Jewish, into one group and labeled them White Supremacists. o Comments by several speakers dismissed the realities of anti-Semitism. For example, a UW alumnus and former Equity & Inclusion Chair spoke at the meeting. He pulled out a copy of the Badger Herald, stating, “The Badger Herald put out a very misleading headline on one of its infographics, it said ‘Anti-Semitic divestment from Israel initiatives scorecard . . . ’” [interrupted by Chair, saying his time was up]. The alum continued, referring to the article – “that’s not true.” He proceeded to rip up the newspaper (see Audio at 1:12:44). o Several students sought to intimidate the Jewish students in the room by changing the direction of the podium to face the small group of Jewish students who were sitting together, and directing their comments at the Jewish students. One student said, “clearly I’d like to address the elephant in the room . . . clearly I’m talking to you” looking directly at [name redacted] (see Audio at 1:19). o Comments by one student demonstrated complete insensitivity to Jewish students’ religious beliefs and cultural practices. Representative and Student Activity Center Governing Board Chair [name redacted] (who will be next year’s ASM Chair), stated: “It’s funny how…. You say you’re here for transparency, but then we bring legislation for it on April 12 meeting that calls for just that you’re against it cuz its on Passover? Even though there is no university policy that requires ASM to observe holidays” (see Audio at 1:45:38). o Students acted disrespectfully when Jewish students, or their allies, attempted to speak. For example, after ASM members introduced their carefully orchestrated BDS amendments, there was debate on the amendments. Chair [name redacted] spoke for the first time, expressing concern with the amendments, asking to what extent the ASM could add amendments that were similar, if not the same, to legislation that was tabled indefinitely at the March 29th meeting. When she finished speaking, lots of Pepsi cans were opened in what appeared to be a coordinated effort. Some ASM members opened the cans directly into their microphones. (Someone brought several cases of Pepsi to the meeting and Representative [name redacted] handed the cans out to ASM members. Pepsi has come to symbolize “white supremacy” and trivializing the struggle of Black Lives Matter movement following a heavily criticized Pepsi commercial.) Opening the Pepsi cans in unison was likening [name redacted] to a white supremacist, and signaling that anything she said was erasing the struggle of brown, black, and people of color bodies (see Audio at 2:54:32). o After [name redacted] spoke, Representative [name redacted] spoke in a mocking tone – seemingly against [name redacted] – in favor of the amendment. Then Vice Chair [name redacted] (acting as Chair, because Chair [name redacted] passed over her Chairship to the Vice Chair so that she could participate fully in debate, even though a Chair is meant to preside and not debate) asked for any other points of debate on the amendment. Chair [name redacted] said, “Sorry this Pepsi is kickin’ [took a sip] . . . Fuck White Supremacy.” The response in the room was cheering and clapping (see Audio at 2:55:00). o Students expressed lack of respect for the voices and opinions of Jewish students and those who associate with them. When [name redacted] spoke again, she said “this is now, I guess, the second time that the Jewish community has been excluded. This is because members who co-sponsored this legislation and other members who spoke tonight knew full well that there would be amendments presented and voting members of this body did not know that, and that is undemocratic. I stand firm by that. It was undemocratic to hold a vote knowing full well that people would not be in attendance. Nobody on this body gets to decide at what point that information stopped being relevant to the Jewish community. . . . This has crossed the line from legitimate conversation to a point where I consider it malicious… this has now been over a month of ASM harassing the Jewish community on this campus, I’m ashamed of this body….” [Name redacted] was interrupted with screaming. Someone shouted “Undemocratic like you” (see Audio beginning 3:04:18). When [name redacted], a non-Jewish ASM Representative and ally of the Jewish students, spoke against the legislation, he was met with someone screaming “shut up.” When he finished speaking, another Pepsi can was opened (see Audio at 3:06:19). • Students expressed anti-white sentiment, anti-Jewish sentiment, and anti-Semitic-masked-as-anti-Israel sentiment after the April 26th meeting, as well (see attached LDB Fact Sheet on the Elements of Anti-Semitism). For example: o ASM Chair [name redacted] announced that “All White People are racist” in a public letter to the Campus Community (See Letter from former ASM Chair [name redacted], “My Last Words as Chair of ASM,” Appendix 1). o On April 27, Representative [name redacted], (who will be next year’s ASM Chair) sent an “apology” to the ASM for her behavior at the April 26th meeting, but she failed to acknowledge why excluding Jewish students was a problem. She wrote: “I apologize for the way I communicated my opinion’s at last night’s meeting. I fully recognize that I actively shut down opposing points of view by yelling and screaming . . . I am sorry for not expressing myself constructively.” Nine minutes later, she followed up with a second email saying, “Follow up: please don’t interpret this as me apologizing for what I said. I am apologizing for how I said it.” (See screenshots, Appendix 2). o A Jewish student member of the group “Badgers United Against Hate,” a pro-Israel group, received the following Facebook message: “yo fuck israel and fuck their war crimes and fuck zionism in palestine it’s racist and so are you” (see screenshot, Appendix 3). o When the names of ASM Representatives for next year were announced, a Jewish student who will be an ASM Member next year received the following Facebook message: “hey israel is a shit racist country and asm is shit racist org and i swear i will boycott every asm meeting just becaus you are their you racist zionist shit.” (See screenshot, Appendix 4.) Some of these revive anti-Semitic, anti-white, and discriminatory tropes. While we respect the right of students to express themselves, even outrageously or hurtfully, we are concerned that such bigotry could create an environment that many of your students will reasonably perceive to be hostile. We urge your administration to exercise its obligation to address the harms that arise when speakers – especially campus leaders – misuse that right in ways that poison the environment and send a message of exclusion and hate. Such messages are potentially incompatible with federal civil rights law. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs that receive federal funds. The U.S. Department of Education’s Office for Civil Rights (OCR) has announced that Title VI applies to discrimination on the basis of Jewish ethnicity or ancestry in guidance issued in 2004 (see attached Kenneth L. Marcus, Dear Colleague Letter (Sep. 13, 2004)). In 2010, OCR clarified that unlawful harassment need not include intent to harm, be directed at a specific target, or involve repeated incidents (see attached Russlynn Ali, Dear Colleague Letter (Oct. 26, 2010)). Speech that invokes anti-Semitic stereotypes against Israelis and Jews can create a hostile environment for Israeli and Jewish students on campus in violation of Title VI. Chancellor Blank, your administration acknowledged that “UW-Madison values and welcomes members of all faiths and identities.” The messages here are incompatible with UW’s values. Further, they are against school rules and state law. The UW Student Handbook prohibits “members of the university community from engaging in any form of unlawful discrimination or harassment . . .” Wisconsin State Statue prohibits student discrimination: “No student may be denied . . . participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions because of the student’s race, color, creed, religion, sex, national origin . . . .” Further, “[t]he missions of the University of Wisconsin System and its individual institutions can be realized only if the university’s teaching, learning, research and service activities occur in living and learning environments that are safe and free from violence, harassment . . . disruption and intimidation. In promoting such environments, the university has a responsibility to address student nonacademic misconduct . . . .” We encourage you to take appropriate responsive actions, such as taking necessary disciplinary action in line with your important policies; providing necessary training and education to students and faculty members on your campus; speak out against such discrimination, and more. We further hope that you seize this as a teachable moment to educate your students about anti-Semitism, racism, inclusion, and tolerance. The following may provide a good start: • The statement from former ASM Chair [name redacted] that “All white people are racist” must be addressed. Such negative racial stereotypes are unacceptable, and is especially damaging to the campus environment when conveyed by a person with official stature, even within the student body. As explained in LDB’s Best Practice Guide (see attached), it is necessary for university leaders to exercise moral leadership by expressing their views of difficult subjects. A good example of a strong leadership statement was seen by UCLA Vice Chancellor Janina Montero, in which she issued a statement to her university community in response to anti-Semitic Facebook postings by a UCLA student, stating in part that the “hurtful and offensive comments displayed ignorance of the history and racial diversity of the Jewish people, insensitivity and a disappointing lack of empathy. Bigotry against the Jewish people or other groups is abhorrent and does not represent the values of UCLA or the beliefs of our community.” • Ensure that the May 10th ASM Student Judiciary Ruling, which voided the “Bylaw Change for the Creation of Financial Transparency and Ethics Subcommittee,” and required disciplinary sanctions for certain ASM members, is enforced. • Take responsive actions consistent with your policies and Wisconsin Statute. For example, see Wis. Stats., Section 36.12 (1) – “Student discrimination prohibited” – and Wis. Stats. Chapter 17 – “Student Nonacademic Disciplinary Procedures.” • In addition to training that the ASM holds for itself, set a policy to provide training to ASM members to ensure the Code of Conduct is enforced. • Require orientation and training for all ASM Members on the nature of and different manifestations of anti-Semitism, and the appropriate means of addressing it. Additionally, require orientation and training for all new students on the nature of and different manifestations of anti-Semitism, and the appropriate means of addressing it. • Update the “UW Student Handbook, Policies on Accommodating Students’ Religious Beliefs” to include that the ASM Student Council should be accommodating to students’ religious beliefs. • We commend your administration for your engagement with Hillel and Jewish community leaders. As a best practice, continue to reach out to targeted student groups, local community leaders, and experts, including UW Hillel and the Jewish Federation of Madison, and offer support and resources as needed. • Create and fund meaningful programs that bring communities of identity together, including the Jewish community. • Create more academic and extracurricular programming to raise community awareness about global and campus anti-Semitism, making use of valuable UW resources, such as the UW Hillel and the UW Mosse/Weinstein Center for Jewish Studies. • Adopt a uniform definition of anti-Semitism, such as the definition used by the U.S. State Department (see attached) or the recently adopted University of California Regents’ Statement of Principles Against Intolerance, in order to avoid and properly identify anti-Semitism should it arise in the future. We urge you to take these actions to remedy the current situation, and lower the likelihood that anti-Semitic discrimination will recur. We are available to share our expertise on these issues, and further discuss our recommendations with you, and can be reached by e-mail at klmarcus@brandeiscenter.com or by phone at (202) 559-9296. Thank you in advance for your serious consideration of this matter. Sincerely, Kenneth L. Marcus President & General Counsel The Louis D. Brandeis Center for Human Rights Under Law klmarcus@brandeiscenter.com CC: Greg Steinberger Executive Director, UW Hillel gsteinberger@uwhillel.org Cheryl Rosen Weston Board Chair, UW Hillel crosenweston@gmail.com Sarah C. Mangelsdorf Provost and Vice Chancellor for Academic Affairs, UW-Madison sarah.mangelsdorf@wisc.edu Lori Berquam Vice Provost for Student Life and Dean of Students, UW-Madison lberquam@odos.wisc.edu
JV Staff Jewish Voice June 21, 2017 Fifty Jewish, civil rights and education advocacy groups recently wrote to University of California Irvine (UCI) Chancellor Howard Gillman demanding he publicly address the latest in a slew of disruptions of pro-Israel events on campus within the framework of the UC Regents’ Statement of Principles Against Intolerance, which Chancellor Gillman had committed to implementing last year. On May 10, forty memiously intolerant behavior,” wrote the groups in the letter coordinated by AMCHA Initiative. “Any student group whose members have openly stated their commitment to shutting down the freedom of expression of other students on campus and have carried out their malicious intentions on multiple occasions should not be allowed to operate freely at UCI.” Disrupting pro-Israel events at UC Irvine has become an annual occurrence: • May 18, 2016: Jewish and pro-Israel students had to be escorted by campus police from the room in which an Israel-themed film, Beneath the Helmut, was being screened, after an angry mob of protestors stood right outside the event, loudly chanting, pounding on the room’s door and preventing students from entering and exiting. • April 23, 2015: An Anteaters for Israel event was disrupted by protesters who chanted loudly to drown out the event and blocked the walkway leading to the event. • May 8, 2014: Members of anti-Zionist student groups assaulted three female Jewish students and pushed others away from information booths at a pro-Israel event. “For four years in a row now, members of Students for Justice in Palestine and other anti-Zionist groups have been permitted to intentionally and successfully disrupt a student-organized, pro-Israel event,” wrote the groups. “None of these incidents was spontaneous. Rather, the disruptions and attempted shut-downs of pro-Israel events were carefully planned by members of anti-Zionist student groups, particularly SJP, as part of an ideologically motivated campaign to suppress any and all Zionist or pro-Israel expression on campus.” Noting UCI’s commitment to implement the Regents Principles Against Intolerance after last year’s disruption, the groups emphasized, “Your failure to adequately address this most obvious case of intolerant behavior is deeply troubling and suggests that your plan for implementing the Regents’ Principles may also be inadequate. We therefore ask you to tell us how UCI’s current plan for implementing the Regents Principles Against Intolerance will adequately address the current incident and ensure that Jewish students, and all students, are protected now and in the future from intolerant behavior which denies them freedom of expression and the right to fully participate in campus life.” Letters raising concern and frustration with Gillman’s handling of the disruption have also been sent by Hillel International; Louis D. Brandeis Center for Human Rights Under Law and StandWithUs; Students Supporting Israel along with other groups and the Zionist Organization of America. Original Article
Edward Kunz Brandeis Blog June 19, 2017 The Louis D. Brandeis Center would like to congratulate its Director of Legal Initiatives, Aviva Vogelstein, on receiving the Daniel Siegel Memorial Alumni Award from her former high school last Sunday. The award is given out every year by the Beth Tfiloh Dahan Community School Alumni Association to an alum who maintains a connection to Beth Tfiloh and shows outstanding leadership in the Jewish community. Beth Tfiloh, located in Baltimore, Maryland, is a Jewish community day school that ranges from pre-school through 12th grade, and is attached to the largest Modern Orthodox synagogue in North America. Vogelstein was thanked for her dedication to Beth Tfiloh, especially in regards to the talks she has presented to the Junior and Senior high school classes on her work at the Brandeis Center and on the topics of fighting BDS and anti-Semitism when they get to college Original Article
Rachel Frommer Algemeiner June 15, 2017 The founder of a campus watchdog group said the University of California, Irvine (UCI) has offered a “completely inadequate” response to a letter sent to the chancellor demanding serious action after a student disruption of a pro-Israel event last month. Tammi Rossman-Benjamin of the AMCHA Initiative told The Algemeiner she received the following email on Wednesday from the UCI Chancellor’s office, after her group organized and sent a letter signed by 50 Jewish, Christian education and civil rights organizations: As you are well aware, the university is conducting an investigation of possible violations of the code of student conduct arising from the May 10 event. The investigation will be conducted according to our regular procedures and will protect the due process rights of all involved. We know that you would agree that it would be inappropriate for the university to interrupt the investigation or to announce a conclusion before all the facts are collected and assessed and due process procedures have been followed. This exchange followed the protest led by Students for Justice in Palestine (SJP) of an on-campus program featuring Israeli reservists, which ended in a police escort leading program attendees out of the building. The incident came almost exactly a year after an extreme SJP demonstration during a screening of a film about the Israeli military resulted only in a written warning to the group. That warning expired in March. Rossman-Benjamin said that while “of course, we welcome an investigation,” the school has “failed its first test to implement the Regents’ Principles Against Intolerance,” a policy introduced in 2016 that included calls on university administrators to “actively…challenge anti-Semitism…when and wherever they emerge within the University community,” and to “vigorously defend the principles of the First Amendment and academic freedom against any efforts to subvert or abridge them.” By UCI not making any public statement over a month after the incident, and by the university not responding to other organization’s letters — including one from Hillel International concerned by the “unacceptably slow” nature of the investigation — Rossman-Benjamin said UCI lost the chance “impact the campus culture.” “For an intolerance policy to have any effect on campus climate, in order for it to seep into the consciousness of the community, intolerant action has to be immediately and publicly identified as such,” she said. According to the dozens of organizations that signed on to AMCHA’s letter, anti-Israel students have been permitted to repeatedly, intentionally and successfully “disrupt a student-organized, pro-Israel event,” in violation of the academic principle of open exchange of ideas. Four previous incidents, one a year since 2014, were listed in the letter. “History is repeating itself with yet another disruption, another lack of public condemnation by the administration, and another painfully slow investigation,” Rossman-Benjamin said. “The students responsible need to be appropriately disciplined and an effective plan for addressing intolerant behavior put in place, so that this doesn’t happen for a fifth year in a row. Enough is enough.” Groups that signed AMCHA’s letter included the American Council of Trustees and Alumni, the Brandeis Center for Human Rights Under Law, the California Association of Scholars, the Simon Wiesenthal Center and the Zionist Organization of America. Original Article
Edward Kunz Brandeis Blog June 14, 2017 On June 14, 2017, the Modern Language Association (MLA) announced that a resolution against BDS had been ratified by their members, passing by a wide margin of 1,954 votes in favor to 885 against. Resolution 2017-1 states: “Whereas endorsing the Palestinian Campaign for the Academic and Cultural Boycott of Israel contradicts the MLA’s purpose to promote teaching and research on language and literature…be it resolved that the MLA refrain from endorsing the boycott.” The resolution also stated that such a boycott would curtail debates with faculty of Israeli universities, as well as block dialogue and scholarly exchange. Already, individuals aligned with MLA Members for Justice in Palestine have threatened to resign over the new anti-BDS vote. The anti-BDS motion comes on the heels of an attempt to pass a pro-BDS motion at the MLA national conference in January of this year. The Louis D. Brandeis Center (LDB) penned a letter urging MLA to reject the then upcoming boycott vote in December of last year. LDB president Kenneth L. Marcus, speaking to the ultra vires nature of the potential resolution, stated that the MLA needed to know that “…these resolutions are unlawful and may subject the organization to liability, the MLA is chartered as a scholarly organization to promote the study of modern languages, not a political organization to engage in political affairs relating to Israel and the Middle East. It is unlawful for them to act outside their proper authority.” Following LDB’s letter, and advocacy from other the organizations, the pro-BDS motion that was initially expected to pass in January was instead defeated by a vote of 113 to 79, by the MLA Delegate Assembly. On the same day, the MLA Delegate Assembly voted in favor of the anti-BDS resolution, proposed by MLA Members for Scholars Rights, by a vote of 101 in favor to 93 against. This resolution then went to the vote of full MLA membership, and passed this week. The MLA has more than four times the membership of the American Studies Association (ASA), the largest academic group in the United States to have adopted an academic boycott resolution. The Brandeis Center, along with two other law firms, filed suit on behalf of four professors against the ASA for its unlawful boycott of Israel. Recently, a Judge for the United States District Court for the District of Columbia ruled in favor of the ASA professors in four out of six claims, authorizing the case to move forward to discovery. The anti-BDS vote, with a wide margin in favor, displays that individuals are growing tired of the relentless BDS votes that are being championed in organizations across the United States, many of which have nothing to do with Israel or politics. It also displays that the unrelenting nature of BDS activists is not leading to their eventual victories, but rather their own discrediting. Original Article
June 14, 2017 The Louis D. Brandeis Center joined the AMCHA Initiative and nearly 50 other groups in urging an immediate response from UC Irvine over a recent hostile incident in the letter below. LDB had already written to Chancellor Gilman on this matter immediately after the incident had occurred. Having a mission to address anti-Semitism in higher education, LDB has been focused on addressing the anti-Semitic climate and array of incidents on campus at UC Irvine for quite some time now. LDB represented a UC-Irvine student, Eliana Kopley, in connection with another incident last year. Dear Chancellor Gillman, We are 50 Jewish, Christian, education and civil rights organizations representing hundreds of thousands of supporters. Many of our organizations wrote to you last August to express our sincere appreciation for your statement to the campus community, committing yourself to ensuring “the full implementation of all elements of the Regents’ statement [of Principles Against Intolerance].” We are writing to you now, however, to echo the serious concerns raised by UC Irvine Hillel, Hillel International, Students Supporting Israel National and other organizations regarding the university’s handling of last month’s disruption of a pro-Israel event by members of Students for Justice in Palestine (SJP). We, too, are deeply disappointed that, despite your verbal commitment to fully implement the Regents’ statement, little on the ground has improved when it comes to addressing intolerant behavior directed against Jewish and pro-Israel students. For four years in a row now, members of Students for Justice in Palestine and other anti-Zionist groups have been permitted to intentionally and successfully disrupt a student-organized, pro-Israel event: On May 10, 2017, approximately forty protesters, who were granted entrance to a Students Supporting Israel event featuring five Israel Defense Forces (IDF) reservists, on the condition that they behave civilly and not disrupt, broke out into loud, sustained chants that purposely made it impossible for the event to continue. The reservists and the audience who came to hear them had to be escorted out of the building by campus police for their safety. On May 18, 2016, Jewish and pro-Israel students had to be escorted by campus police from the room in which an Israel-themed film was being screened, after an angry mob of dozens of protesters stood right outside the event, loudly chanted, pounded on the room’s door and prevented students from entering and exiting. On April 23, 2015, an Anteaters for Israel event was disrupted by protesters, who chanted loudly to drown out the event and blocked the walkway leading to the event. And on May 8, 2014, at a pro-Israel event, members of anti-Zionist student groups assaulted three female Jewish students and pushed others away from information booths set up for the event. None of these incidents was spontaneous. Rather, the disruptions and attempted shut-downs of pro-Israel events were carefully planned by members of anti-Zionist student groups, particularly SJP, as part of an ideologically motivated campaign to suppress any and all Zionist or pro-Israel expression on campus. As one SJP leader boasted the day after the most recent disruption, during an event connected with the SJP-sponsored “Anti-Zionism Week”: “Last night we disrupted their event to let them know that we refuse to allow the normalization of their presence here… And last year, we shut down an IDF panel, we shut down their panel [loud cheers and applause].” There is a clear distinction between expression that is protected by the First Amendment and harassment. We recognize that while SJP members may advocate for an anti-Zionist agenda that includes the promotion of BDS and calls for the elimination of the Jewish state — expression that our groups find hateful and deeply offensive – they are within their constitutional rights to do so. However, when SJP members engage in speech or action intended to suppress the expression of other students or to deprive them of the right to fully participate in campus life, the line between free speech and harassment has been crossed. This behavior is absolutely unacceptable and cannot go unaddressed. The fact that SJP members have intentionally crossed the line between protected expression and harassment, year after year, without disciplinary measures being taken against them, is outrageous. This year’s incident is especially appalling, in light of your stated commitment to implementing the Regents Principles Against Intolerance. The most basic tenet of any implementation of these principles must be to safeguard the freedom of expression of all students, first and foremost by taking prompt and appropriate disciplinary measures against those who suppress the freedom of expression or civil rights of others. In particular, any student group whose members have openly stated their commitment to shutting down the freedom of expression of other students on campus and have carried out their malicious intentions on multiple occasions should not be allowed to operate freely at UCI. Moreover, the group’s leaders and active members should be subject to disciplinary measures commensurate with their violations of university policy. Yet it has been more than one month since the incident in question, and not only have the students who perpetrated this harassment not been disciplined, nor their student group sanctioned, your office has yet to even issue a public condemnation of SJP’s egregiously intolerant behavior. By not speaking out on this matter, you have missed a critical opportunity to educate the campus community about the unacceptable nature of SJP’s behavior, and your silence has actually contributed to the hostile climate that Jewish and pro-Israel students experience at UC Irvine. Your failure to adequately address this most obvious case of intolerant behavior is deeply troubling and suggests that your plan for implementing the Regents’ Principles may also be inadequate. We therefore ask you to tell us how UCI’s current plan for implementing the Regents Principles Against Intolerance will adequately address the current incident and ensure that Jewish students, and all students, are protected now and in the future from intolerant behavior which denies them freedom of expression and the right to fully participate in campus life. We look forward to hearing from you. Sincerely, Academic Council for Israel Accuracy in Academia Alpha Epsilon Pi Fraternity (AEPi) Alums for Campus Fairness (ACF) ACF – UC Davis ACF – UCLA ACF – UC Riverside ACF – UC Santa Barbara AMCHA Initiative American Council of Trustees and Alumni American Institute for Jewish Research Americans for Peace and Tolerance American Truth Project BEAR: Bias Education, Advocacy & Resources Brandeis Center for Human Rights Under Law California Association of Scholars Christians and Jews United for Israel Club Z Davis Faculty for Israel Eagles Wings Endowment for Middle East Truth (EMET) Fuel For Truth Institute for Black Solidarity with Israel IAC for Action Iranian American Jewish Federation Iranian Jewish Women’s Organization Israel Peace Initiative (IPI) Jerusalem U Jewish Israel Cafe Middle East Forum Middle East Political and Information Network (MEPIN) National Conference on Jewish Affairs National Council of Young Israel Proclaiming Justice to the Nations Roc4Israel Russian Jewish Community Foundation Scholars for Peace in the Middle East Simon Wiesenthal Center StandWithUs Stop BDS on Campus Students and Parents Against Campus Anti-Semitism Students Supporting Israel National Students Supporting Israel at Columbia Students Supporting Israel at UCLA Students Supporting Israel at UC Irvine The Coalition for Jewish Values The Israel Christian Nexus The Israel Group Training and Education About the Middle East (T.E.A.M.) Zionist Organization of America
Download PDF Washington, D.C, June 12, 2017: The Louis D. Brandeis Center for Human Rights Under Law (LDB) is pleased to announce its new summer team: Civil Rights Law Clerks Jennifer Kleinman and Jordan Weber, and interns Ali Rosenblatt and Michaela Shapiro. Throughout the summer, LDB Clerks will conduct legal research and writing, while LDB’s interns will assist with communications and development, among other important tasks. “It is a pleasure to welcome Jen, Jordan, Ali, and Michaela as they join our team,” says Kenneth L. Marcus, LDB President and General Counsel. “They will help greatly in our work combatting anti-Semitism.” Jennifer is currently a rising second year law student at the Benjamin N. Cardozo School of Law, where she will serve as the President of the LDB Law school chapter on that campus. She holds a BA in Government and Counter-Terrorism from the Interdisciplinary Center Herzliya. In between her studies, she has worked as a SAG and AFTRA accredited actress in Los Angeles, before beginning her career in the non-profit world. This career began when she worked as a Southwest Campus Coordinator for StandWithUs from 2012-2015. As the grandchild of Holocaust survivors, Jennifer says, “there is nothing more fulfilling and meaningful than fighting for equality, truth, and justice.” That is what brings her to the clerkship at LDB. Jordan is also a rising second year law student at Emory, where he will serve as the President of the LDB Law school chapter on campus. He holds a BA in International Relations and Global studies from University of Texas – Austin, with a special interest in Human Rights and Social Justice. This led him to complete undergraduate research on Israeli ethnic policy and racial/religious politics in Western Europe. He took these interests and put them to work with the Anti-Defamation League in Austin. After graduating, he went on to work for the Jewish Federation of Greater Dallas in Community Outreach and Legislative Affairs. Becoming a legal clerk for LDB this summer was just one more way for Jordan to work on ensuring human rights and social justice. Ali is a rising Junior at the University of Michigan, Ann Arbor, majoring in Political Science and Sociology, with a sub-plan in Law, Justice and Social Change. She serves on the Central Student Government, last year as a Representative and this year as the Vice Speaker. She worked on the Communications Committee and served as the Social Media Director for a student government campaign, work that drew her to the communications internship. LDB stood out to her because, “it speaks up against anti-Semitism when few else do.” She is committed to speaking out and fighting against this, among all other forms of prejudice in higher education. Michaela is a rising Senior at Northwestern University majoring in History, with a focus on European studies, and minoring in Psychology. She hopes to take on a fellowship after graduation working or teaching internationally. Next year, she will write her senior thesis in History, in addition to helping her History professor with archival research as a Leopold Fellow. Outside of her studies, she serves as the Vice President of Events for Relay for Life at Northwestern, the largest fundraiser for the American Cancer Society. She has long-admired LDB’s work and hopes to help push for policy changes. “The anti-Semitism, and hate crimes, that I’ve witnessed firsthand both on campus and abroad in France inspired me to work in the field of human rights,” Michaela said, “and I hope to utilize my passion for justice initiatives as a means of implementing concrete changes in legislation.” LDB continues to grow. Jen, Jordan, Ali and Michaela will join Edward Kunz who has been with LDB since January.
The end of May and the beginning of June led to developments in the fight against anti-Semitism in America and Europe. Read Brief
Download PDF Washington, D.C.– The European Parliament has adopted a resolution calling on European Union member states and European Union institutions to adopt and apply the working definition of antisemitism used by the International Holocaust Remembrance Association (IHRA). The text of the resolution further urges EU member states to “protect their Jewish citizens and Jewish institutions from hate crime and hate speech; support law enforcement efforts to identify and prosecute anti-Semitic attacks…[and] appoint national coordinators on combating antisemitism.” The Louis D. Brandeis Center has urged this action throughout Europe and North America and applauds this more. “This is an important step, not only for the countries of Europe, but for everyone who is concerned about rising anti-Semitism and its deleterious impact on academic institutions and Jewish civil liberties,” stated Kenneth L. Marcus, president of the Louis D. Brandeis Center for Human Rights Under Law, who has been traveling in Europe and meeting with European authorities in and out of the European Parliament this week. “This decision will send a clear message about the need for a similar definition to be adopted in the United States.” The IHRA definition, initially adopted in May of 2016, has been rapidly gaining ground in Europe. Three European nations, Romania, Austria, and the United Kingdom, have all adopted the definition into their corpus of law. Earlier this week, the Office for Democratic Institutions and Human Rights (ODIHR), a division of the Organization for Security and Co-operation in Europe (OSCE), incorporated the IHRA definition into its important new guide, “Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities.” Marcus commented, “To have the European Parliament adopt the IHRA definition on the same week that ODHIR incorporates it into their work demonstrates an extraordinary show of momentum. The IHRA definition is substantially similar to the State Department definition, which Congress and some of the states have been considering adopting as well.” In December 2016, the Anti-Semitism Awareness Act (AAA) was introduced to the U.S. Congress. The AAA would have required the U.S. Department of Education to use the State Department’s definition in evaluating intent of anti-Semitic incidents on campuses. The AAA bill, which passed the Senate unanimously in December of last year, did not have a chance to be voted on in the House before the legislative session ended. The senators responsible for the bill plan on reintroducing it in the current session. The adoption of the definition by the European Parliament, as well as the increasing number of individual European countries adopting it, gives further momentum to such efforts. Several U.S. states have also, individually, begun the process of drafting legislation aimed at adopting the definition in their own governments. South Carolina, Virginia, and Tennessee are all considering similar moves. Marcus commented, “This is truly a global movement to combat the resurgence of anti-Semitism using the best available tools. In adopting the IHRA definition, the European Union makes it easier for governmental authorities to identify anti-Semitic incidents.”