Northeastern University School of Law, Boston, MA, 6:30pm

Jeffrey Robbins continues his LDB speaking tour at Northeastern University, where he will address students on the topic of, “Perfectly Okay: Anti-Semitism in Academia.”

Robbins, a Boston-based attorney at Mintz Levin in which he specializes in complex civil litigation, including litigation involving allegations of fraud, First Amendment issues, and claims of defamation. Robbins served as deputy chief counsel for the minority of the US Senate Governmental Affairs Committee Special Investigation into campaign fundraising practices, as chief counsel for the minority of the US Senate Permanent Subcommittee on Investigations, and as an assistant US attorney in the District of Massachusetts.

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Kenneth L. Marcus, president of the Louis D. Brandeis Center for Human Rights Under Law, made the following statement today after the South Carolina General Assembly adjourned before final passage of a bill to combat campus anti-Semitism:

“Anti-Semitism is escalating at a frightening rate on our nation’s college campuses. The South Carolina bill is exactly what is needed to attack this rapidly spreading virus and protect Jewish students from rising discrimination and hate. The measure enjoys widespread support throughout South Carolina and in both legislative chambers among Democrats and Republicans. It passed the House by a landslide 103-3 vote and sailed through all Senate committees with unanimous support. It’s a shame that one lone Senator decided to temporarily stand in the way of giving Jewish students the protections they need and deserve. But all he did was cause a slight delay. The bill made it to the finish line during this session and we will cross it in 2018.”

H. 3643 overwhelmingly passed the South Carolina House of Representatives, by a vote of 103 – 3, in March, and received unanimous support from the Senate education committee. The bill was awaiting a vote in the South Carolina Senate and was expected to receive widespread bipartisan support until one Senator, Brad Hutto, D-Orangeburg, who never objected to the bill in the past, decided to put an unexpected hold on it. However, South Carolina leadership has committed to vote on the bill as soon as the legislature resumes in January 2018. South Carolina Governor Henry McMaster has already committed to sign it into law.

The bill will help address growing anti-Semitism on campus and protect students’ rights to a learning environment free of unlawful discrimination. It provides South Carolina’s public post-secondary institutions with a uniform definition of anti-Semitism in determining whether harassment, intimidation, assaults, vandalism or other discriminatory behavior is motivated by anti-Semitism and should be investigated and addressed appropriately. The definition included in the bill is a global standard, which is used by the U.S. federal government to assess incidents that occur abroad. It is substantially similar to the definition that has been supported by the 31 governments that are members of the International Holocaust Remembrance Alliance and all 50 countries that make up the Organization for Security and Cooperation in Europe, other than Russia, and was recently adopted by the U.K. to use in colleges and universities.

The South Carolina bill is careful to protect students’ First Amendment rights. Contrary to false mischaracterizations of the bill, H. 3643 in no way regulates or restricts free speech or academic freedom. Rather, the bill ensures that authorities consider the federal government’s definition of anti-Semitism in instances when it is necessary to determine the intent of constitutionally unprotected activities, including assault, battery and vandalism.

Maya T. Prabhu
Post and Courier
May 11, 2017

COLUMBIA — The South Carolina Senate on Thursday put the brakes on a bill that would spell out a specific definition for anti-Semitism on state college campuses.

Sen. Brad Hutto, D-Orangeburg, earlier this week said he wanted the bill to include actual language defining anti-Semitism within the text of the proposed law.

That insertion would be instead of referring schools to a federal fact sheet published by the U.S. State Department for guidance.

On the last day of the 2017 legislative session, Hutto said he planned to work on drafting an appropriate amendment during the summer.

Senators had given the bill its second reading on Tuesday without much debate to allow Hutto time to create an amendment this week while planning to debate the bill on third and final reading.

On Thursday, senators agreed to withdraw their second-reading approval, moving the legislation back a step in the legislative process. Lawmakers can pick the measure up again when the 2018 session convenes in January.

The proposal quickly and easily passed the House earlier this year, receiving a vote of 103-3 and having about 115 of the 124 state representatives co-sponsoring it.

Main sponsor Rep. Alan Clemmons, R-Myrtle Beach, has made a name for himself in pro-Israeli circles for drafting and sponsoring pro-Israel legislation, including those that seek to undermine public campaigns calling for economic boycotts of Israel because of the country’s continued expansion of settlements in West Bank.

Clemmons on Thursday afternoon decried Hutto’s stalling of the bill.

“By doing so he is refusing South Carolina an opportunity to push back against the noxious bigotry,” Clemmons said. “It empowers forces of Jew hatred to go unchecked on South Carolina campuses.”

The proposed definition in the bill is pulled from an example provided on the State Department’s website that defines anti-Semitism as justifying the killing or harming of Jews, making dehumanizing allegations about Jews or accusing Jews of being responsible for “real or imagined” wrong-doing committed by Israel.

But college students and professors argued the proposed definition in the bill, speaking during hearings in both the House and Senate, was overly broad and could limit academic discussion and debate over the continued Israeli-Palestinian conflict.


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LDB’s Kenneth L. Marcus will address Congregation Kol Shofar in Tiburon, CA, about the campaign against anti-Semitism.

Hate crimes against Jews and other groups have surged recently, including assaults, harassment of college students, threats to JCC’s, and cemetery vandalism.

Several groups, including The Louis D. Brandeis Center for Human Rights Under Law, are fighting back with education, legislation, and litigation.

Kenneth L. Marcus, founder and president of the Louis D. Brandeis Center, will address this nationwide campaign and sign copies of his new book, The Definition of Anti-Semitism.

https://calendar.google.com/calendar/render?eid=MmNzOGYwM2xscGY0OWlnYmRzN2htYjI5bjggY29uZ3JlZ2F0aW9ua29sc2hvZmFyQG0&ctz=America/Los_Angeles&sf=true&output=xml#eventpage_6

LDB’s Director of Legal Initiatives, Aviva Vogelstein, will speak at Congregation Har Tzeon – Agudath Achim on, “Anti-Semitism on Campuses and the BDS Movement.” Vogelstein will discuss the growing problem of anti-Semitism on campuses in the U.S. Since joining the Brandeis Center in 2014, Vogelstein’s work has focused on combating the resurgence of anti-Semitism on American university campuses through legal and public policy approaches, and growing LDB’s law student chapter initiative. Brunch will be served, and registration is required. For more information, visit: https://www.htaa.org/event/guest-speaker-aviva-j.-vogelstein-esq..html

JNi.Media
Jewish Press
April 28, 2017

The South Carolina Senate’s higher education subcommittee on Thursday unanimously approved S. 3643, a bill to combat campus anti-Semitism. In March, H. 3643 overwhelmingly passed the South Carolina House of Representatives, by a vote of 103 – 3. Once the bill is considered by the full Senate, it will go to the Governor to be signed into law.

H. 3643 will address growing anti-Semitism on campus and protect students’ rights to a learning environment free of unlawful discrimination. The bill provides South Carolina with a uniform definition of anti-Semitism in determining whether harassment, intimidation, assaults, vandalism or other discriminatory behavior is motivated by anti-Semitism. Contrary to misunderstandings about the bill, it in no way regulates or restricts free speech and/or academic freedom. Much anti-Semitic hate speech is constitutionally protected, just like racist and sexist speech. The bill will not change that. Rather, it ensures authorities consider the federal government’s definition of anti-Semitism when it is necessary to determine the intent of unprotected activities, including assault, battery and vandalism.

Marcus, a renowned anti-Semitism expert, testified at South Carolina House and Senate hearings on the anti-Semitism bill and was in South Carolina yesterday meeting with citizens, educators, religious leaders, and legislators. He is an award-winning author of two books, The Definition of Anti-Semitism (Oxford University Press: 2015) and Jewish Identity and Civil Rights in America (Cambridge University Press: 2010) and the associate editor of the Journal for the Study of Anti-Semitism. He is the former staff director of the U.S. Commission on Civil Rights, was delegated the authority of Assistant Secretary of Education for Civil Rights and is the individual who drafted the policy by which the U.S. Department of Education investigates anti-Semitism claims.

Kenneth L. Marcus, president of the Louis D. Brandeis Center for Human Rights Under Law, made the following statement Thursday, commending :

“We applaud the South Carolina legislators for standing up against the recent surge of anti-Jewish bigotry, and in a way that fully protects free speech on campus. We particularly commend Representative Alan Clemmons, the author of this critical and necessary legislation, as well as Representative Beth Bernstein, Senator Larry Grooms, and the members of the Senate higher education subcommittee. We also commend Joseph Sabag and the Israel Allies Foundation, as well as our colleagues at the Columbia Jewish Federation, the Charleston Jewish Federation, CUFI, StandWithUs, the Israel Project, and all the South Carolina students, educators, religious leaders and community members who came out yesterday to meet directly with legislators about the need to stop this hatred and bigotry in its tracks.”

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Edward Kunz
Brandeis Blog
April 25, 2017

On April 19, 2017, the Associated Students at San Diego State University passed “A Resolution to Condemn Anti-Semitism.” The resolution takes a strong line against anti-Semitism, both in its addressing of a series of broad issues and its strict reliance on established definitions and law. The resolution cites both the U.S. State Department definition of anti-Semitism and the Marcus Policy which applies to Title VI of the Civil Rights Act of 1964. The Marcus Policy, penned by Louis D. Brandeis Center President Kenneth Marcus, allows Jewish students to be protected under Title VI, based on their status as an ethno-religious minority.

This resolution follows in the footsteps of similar resolutions adopted by universities across the United States, such as UCLA, UCSB, UC Berkeley, Capital U, and Indiana U. Ryerson, a Canadian university based in Toronto, has also adopted a similar resolution. These resolutions mimic the similar legislative attempts to pass bills that define anti-Semitism on both a statewide and federal level. Recently, there have been attempts in South Carolina, Virginia, and Tennessee all aimed at adopting the State Department’s definition of anti-Semitism as it relates to public universities. On the congressional level, the Anti-Semitism Awareness Act, which passed the Senate in December, is awaiting reintroduction in congress this term.

Such resolutions have an impact that cannot be understated when it comes to the fight against anti-Semitism. These resolutions display to the state government that their schools want a stronger definition of anti-Semitism, and one that includes examples of anti-Semitism relative to Israel, in order to combat its resurgence.

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On Wednesday, April 26th the South Carolina public will get an up close and personal look at the fight against anti-Semitism during Citizens Advocacy Day. Citizens Advocacy Day is an event intended to bring more public awareness to anti-Semitism legislation, as well as give an opportunity to meet the organizations and legislators working to fight against anti-Semitism in South Carolina. The Louis D. Brandeis Center will proudly be joining organizations such as Stand With Us, The Israel Project, Christians United for Israel, Israel Allies Foundation, and the Jewish Federations of both Columbia and Charleston for the event. Citizens Advocacy Day will include the opportunity to hear key legislators speak, such as Alan Clemmons (R-SC), on the H-3643 legislation that is currently attempting to apply a widely respected definition of anti-Semitism to South Carolina’s public universities. This is a state version of the Anti-Semitism Awareness Act that was introduced to the U.S. Senate last year. Similar bills have already been introduced in South Carolina, Virginia, and Tennessee.

The events start at 9:30 in Room 110 of the Solomon Blatt Building at 1105 Pendleton Street, SC State Capitol, Columbia. A complimentary lunch will be served and there will be a group photo taken on the capitol steps. This event offers a unique opportunity to both show direct support in the fight against anti-Semitism and to take part in the civic process that drives our nation.

For more information, see the flyer below.

Bob Kellogg
One News Now
April 24, 2017

Members of a national academic association are suing the organization itself after it chose to adopt a boycott of all Israeli academic institutions.

Pro-Palestinian members of the leadership of the American Studies Association abused their positions by forcing adoption of the boycott. So says Kenneth Marcus, president of the Louis D. Brandeis Center for Human Rights Under Law. Marcus’ group is representing the plaintiffs who argue that violates ASA’s own rules and mission (more details).

“The mission of the American Studies Association is to promote the scholarly study of the United States; it is not to promote the study of the Middle East,” he emphasizes. “And it is certainly not to engage in political activism about countries outside of North America.”

Marcus points out that two of the four plaintiffs are well-respected ASA award winners and another is one of the organization’s founding members.

“They are upset,” he explains, “not just because they view the boycott as anti-Semitic and a violation of academic freedom, but because it undermines the scholarly quality of an organization that they worked so hard to build.”

Despite attempts by the defendants to have the lawsuit suppressed, U.S. District Court Judge Rudolph Contreras recently ruled the plaintiffs can move forward with most of their claims.

The Brandeis Center leader calls the decision an important victory – not just their clients “but for everyone who is concerned about the anti-Semitic BDS [boycott, divestment and sanctions] movement and its deleterious impact on academic institutions.”

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On Wednesday, April 19, Professor Alex Tsesis will speak to the LDB chapter at Chicago-Kent College of Law on the topic of, “Campus Speech Codes and Harassment.” Tsesis is a professor at the Loyola University Chicago School of Law, and is an expert in Constitutional Law, the First Amendment, Civil Procedure, as well as civil rights issues and constitutional interpretation. He is a widely published author whose articles have appeared in a variety of law reviews across the country. Professor Tsesis is also a frequent presenter to law school faculties nationwide on issues involving constitutional law, free speech, and civil rights.