Wednesday, February 8, University of Pennsylvania Law School

The LDB chapter at the University of Pennsylvania Law School has invited Nancy Baron-Baer, the Philadelphia Regional Director of the Anti Defamation League, to discuss the state of hate crimes in the country on February 8. Ms. Baron-Baer has provided guidance and leadership to regional efforts combating anti-Semitism and all forms of bigotry. Ms. Baron-Baer has overseen a variety of legislative initiatives, amicus briefs, conferences and projects on civil rights and human relations. She has addressed diverse audiences on topics of prejudice and bigotry, including law enforcement officials, educators and community leaders. Prior to joining ADL, Ms. Baron-Baer served as the Managing Partner of the Philadelphia Office of the law firms of Eckert Seamans and Connolly Epstein, and was named one of Pennsylvania’s Best 50 Women in Business.

Download PDF

Washington, D.C: The Brandeis Center is proud to announce its new spring interns for 2017, Caitlyn Carmichael and Edward Kunz. Caitlyn and Edward will bring their diverse experiences and skills to the advancement of justice for all. Over the next few months, they will conduct research and write press releases and articles for the Brandeis Blog. LDB is a national, non-profit civil rights organization that works to combat anti-Semitism in higher education.

“We are honored to have Caitlyn and Edward join our team this spring,” says LDB President and General Counsel Kenneth L. Marcus. “With their talent and passion, they will make great contributions to our work against campus anti-Semitism.”

Caitlyn is a senior at University of Maryland, College Park majoring in Government and Politics, with a minor in Law and Society. She has worked as an advertising-marketing intern at her school newspaper and interned for 3D Communications, a general council law firm in DC, over the summer. For Caitlyn, this internship complements her interests in Constitutionalism and the interaction of public policy and human rights. She is “excited to be a part of LDB and continue [her] studies about the evolution of civil rights.” Caitlyn ultimately hopes to attend law school, after taking a year off to work with human rights organizations.

Edward attended the University of North Carolina at Wilmington, where he received a BA in History. He recently spoke on the topic of anti-Semitism in social media at the southeastern conference of the Academic Engagement Network (AEN). Edward’s plan for the future is to attain his doctorate in diplomatic history, then teach history at an institute of higher learning.

“I chose to work with LDB due to both my Jewish background as well as my interest in free speech,” says Edward. “The Brandeis Center fights for the rights I believe in, and any ability to help an organization whose stated objective falls so closely to my own goals is an opportunity I cannot pass up.”

Caitlyn and Edward will join intern Katherine Hung (Harvard ’20), who has been with LDB since the beginning of January .

Houston Jewish Herald Voice
February 2, 2017

Houston Hillel is reassuring students and the local Jewish community that Houston’s largest university remains a safe place for Jewish students. The effort follows revelations that a small cadre of current and former University of Houston students has taken to Twitter to praise the mass murder of Jews during the Holocaust and to foment anti-Semitic and anti-Israel points of view and, in some cases, violence against Jews – “speech” that campus leaders have deemed “repugnant,” but said must be reviewed by law enforcement and the district attorney’s office to determine whether it is a criminal matter, concerning a possible hate crime.

“Houston Hillel takes very seriously any inflammatory comments directed at Jews, whether from current students, faculty or alumni,” said Houston Hillel executive director Rabbi Kenny Weiss, following a series of meetings with Jewish UH students and community leaders.

“Hillel professionals and student leaders work with the University of Houston community to ensure a safe environment for Jewish students and the Jewish community,” he told the JHV.

Meanwhile, Jewish students at UH said they are waiting for campus leadership to publicly condemn the actions of those who pose a perceived threat to others’ personal safety and whose actions contravene UH’s commitment to diversity.

“I want my university to show that it legitimately cares about its diverse population and not just certain student groups,” said UH junior, Tatiana Uklist.

Earlier this month, the Canary Mission, an online anti-Semitism watchdog project, published a large collection of alleged tweets by more than a dozen current and former UH students, reaching back several years, that express unambiguous hostility and hate toward Jews and the State of Israel.

In a statement to the JHV, Dona Hamilton Cornell, UH’s vice chancellor for Legal Affairs, said UH is safe for all students, Jews included.

“[UH] is a safe campus and we are committed to fostering an environment where students with diverse backgrounds and beliefs feel welcomed and safe,” Cornell said.

Jewish students at UH have welcomed such pronouncements in the past, amid other safety concerns and expressions of anti-Semitism that arose on campus. These students share concerns by civil rights groups, who fear that if UH leadership fails to adequately deal with incidents of anti-Semitism and hate speech on campus, student enrollment and the university’s reputation will be negatively impacted.

“Whether the university can punish the speech or not, they have an obligation to address the underlying problem,” according to Kenneth L. Marcus, president and general counsel of The Louis D. Brandeis Center for Human Rights Under Law, a Washington-based civil rights group that has taken interest in the case.

“If there are anti-Semitic or racist activities going on at the campus, the university needs to deal with it one way or the other,” Marcus told the JHV. “The legal restrictions might tell them how they can deal with it, but the fact is they need to deal with it and they need deal with it firmly.”

The local office of the Anti-Defamation League told the JHV: “While we take each reported incident [of anti-Semitism] seriously and investigate them closely, thus far we are not aware of any serious concerns regarding the safety of the Jewish students at the University of Houston. We remain in close contact with law enforcement and are offering our support and resources to Rabbi Kenny Weiss, Houston Hillel and campus police.”

‘Kill all the Jews’
Canary Mission’s report on UH provides social media account information of current and former UH students engaged in anti-Semitic postings on Twitter.

Some posts include Arabic phrases and incite physical violence against Jews and Israelis.

“Yall don’t understand I wanna beat a zionist bitch up so bad,” one student allegedly tweeted. Another allegedly wrote: “I need to go throw some rocks at the yahood [Jews].”

Multiple messages praise Hitler and the Holocaust.

“I mean it when I say I wish Hitler finished them off in the holocaust,” a student allegedly tweeted. Others allegedly wrote: “F**K THE JEWS F**K EM ALL KILL ALL THE JEWS ATTA BOY HITLER”; “Hitler died too soon, really”; “Palestine will be the 2nd place of the Holocaust for the Yahood [Jews]”; “Hitler mah nigga”; and, “Hitler said he left some Jews alive so the world would know why he killed em.”

Similar messages glorify militant groups that have killed Israeli civilians in acts of terrorism and are dedicated to the annihilation of the Jewish state.

Students also tweeted various slurs, calling Jews “dogs,” “pigs,” “whores” and “faggots,” and propagate classic anti-Semitic stereotypes, including blood libels.

“A Jewish rabbi has admitted to using human child meat as a filler in McDonalds meat. They allegedly drug teens and kill them, for their meat,” one of the college students allegedly tweeted.

Canary Mission stated in its findings: “We identified 13 individuals who between them posted dozens of times expressing hatred of Jews and Israel, praise for Hitler, mockery of the Holocaust and threats of violence against Jews. Such posts came from a number of members of student activist groups, like UH’s Students for Justice in Palestine (SJP) and Muslim Students Association (MSA) chapters, as well as from individuals unaffiliated with these groups.”

‘Under review’
UH officials told the JHV that they were aware of the Canary Mission’s report and said its claims were being reviewed by student affairs, equal opportunity services, the police department and legal counsel.

UH’s vice chancellor for Legal Affairs declined comment to the JHV on what actions were being taken, if any, citing privacy laws, and noted that it’s up to law enforcement to decide if the tweets amount to a crime.

“It is speech the university finds repugnant; however, the determination of whether it is a criminal matter is for law enforcement, in conjunction with the district attorney,” said Cornell. “Generally speaking, a hate crime occurs when another type of crime, bodily injury, for example, is motivated by, or is because of, the victim’s actual or perceived race, color, national origin, gender, gender identity or expression or disability. Again, generally speaking, speech, repugnant or not, except in cases of inciting violence, is not unlawful.”

Cornell added that the Dean of Student’s Office is reviewing the matter to determine any potential UH code of conduct violations.

The Algemeiner online news site was among the first to report on the Canary Mission’s investigation into evidence of anti-Semitism at UH.

Houston Hillel brought the initial report to the attention of UH police, Student Affairs, legal affairs and to UH Chancellor Renu Khator’s office. Hillel further notified Houston police, the Anti-Defamation League and the Jewish Federation of Greater Houston.

“We work proactively to ensure all students on campus have positive connections with Jewish life and Israel, including holding educational programs, fostering close relationships with University of Houston administrators, and engaging Jewish and non-Jewish student leaders in student government and other student organizations,” Hillel’s Rabbi Weiss said.

Jewish students at UH objected to characterizations that “rampant anti-Semitism is ravaging UH,” as early reportage claimed. However, students did acknowledge a growing problem with anti-Semitism and anti-Israel bigotry on their campus that coincides with the rise of UH’s Students for Justice in Palestine chapter, whose recent campus activities include promoting academic and economic boycotts against the Jewish state, and hosting a fundraiser last year for a convicted terrorist, who killed Jewish college students in Israel and later was released by authorities via a prisoner exchange.

“When I read the tweets, I wasn’t exactly surprised, especially after seeing who wrote them,” said Uklist, who founded UH’s chapter of Students Supporting Israel.

Uklist said she’s encountered some of the students on campus whose names and Twitter handles appear in the Canary Mission report. In at least one case, she expressed concerns about student safety after one of those students named in the report allegedly tweeted multiple times about his attraction to the militant – meaning violent – anti-Israel movement.

“I’m worried that students and parents are going to see reports about these tweets and start thinking that UH isn’t a safe place to be for Jews and people who have positive associations with Israel,” Uklist said. “I know that some of the tweets are old, and some of those students are no longer at UH, but it could still cause some genuine worry.”

Uklist noted that her grandmother was orphaned as a result of the Holocaust and that her parents suffered Jewish persecution in the Former Soviet Union.

“The fact that [anti-Semitism] is still happening so long after they left the Former Soviet Union, so long after the Holocaust, it’s so incredibly disgusting,” she said.

Uklist and other Jewish students at UH told the JHV that if campus leadership fails to respond to incidents of anti-Semitism on campus, UH’s Jewish student population likely will dwindle, especially if more accounts of this nature occur, unchecked.

Rising anti-Semitism
According to research by The Louis D. Brandeis Center, anti-Semitism on college campuses across the U.S. is on the rise.

The center’s general counsel noted that university officials sometimes make the mistake of thinking that they need to determine whether an expression of anti-Semitism is either constitutionally protected free speech or is hate speech. Most hate speech is free speech, Marcus explained, so the distinction often isn’t helpful.

While each campus must decide if and how to punish perpetrators of anti-Semitism, Marcus said the real issue is how campus leaders deal with an atmosphere that “has been poisoned by this form of hatred.” In the case of UH, he said the university must recognize that it has a problem and it needs to deal with it more than just by punishing individuals who are involved.

“They need to find out why, at this time, they have people who are engaging in this conduct,” the civil rights lawyer said. “They need to outreach, quite vigorously, both to the Jewish community and also to the sorts of groups who may be involved.”

The Louis D. Brandeis Center and ADL supply university campuses with best practices on how to deal with anti-Semitism. Both groups offers free legal counsel to college students who’ve experienced or witnessed anti-Semitism. Efforts also are underway on both the federal and the state level to encourage and better equip institutions to respond to the growing problem.

Last month, the U.S. Senate unanimously passed the Anti-Semitism Awareness Act, aimed at establishing a uniform definition of anti-Semitism and directing the U.S. Department of Education to adopt guidelines for responding to domestic situations. The House of Representatives is expected to take up a similar measure during the current session, while state legislatures, in places such as Virginia, are looking to do the same on the state level.

‘Anti-Israel exception’
Following SJP’s fundraiser for a convicted terrorist last year, Jewish students at UH expressed concern that campus officials are slower and more reluctant to respond to anti-Semitism on campus, compared to other forms of hate.

UH’s Legal Affairs office disagreed, stating that “we take any matter involving the safety and welfare of our university community very seriously.”

According to independent research on the issue, most universities are consistent in their responses to old-fashioned anti-Semitism – such as swastikas spray painted on Jewish fraternity houses – as they do to other forms of bias. However, when Israel is involved, responses tend to be different and weaker, especially when the perpetrators include people who are minorities, themselves.

“In those cases, university administrators are often perplexed on how to respond,” the Brandeis Center’s Marcus said.

UH’s SJP chapter, for its part, appears to be responding to the Canary Mission’s report by organizing a program on campus for Thursday, Feb. 2, where its members plan to argue that their anti-Israel and anti-Zionism attacks are different than anti-Semitism, despite the fact that these students allegedly have tweeted their hatred of Jews, specifically.

Original Article

On Tuesday January 31, 2017, Prof. Abraham Bell will address the LDB chapter at Emory University Law School on the topic of “International Law, Lawfare, and the Arab-Israeli Conflict.” Professor Bell teaches at the University of San Diego School of Law Bar Ilan University, and teaches and writes in the areas of property, copyright, international law, and economic analysis of law. Prof. Bell clerked for Justice Mishael Cheshin of the Supreme Court of Israel and for the High Court of Justice Department within the Israeli State Attorney’s office, and he is a veteran of the Israel Defense Forces. A highly sought-after expert on international law and the Arab-Israeli conflict, he has advised officials on four continents. His published articles on the subject include Palestine, Uti Possidetis Juris and the Borders of Israel (with Eugene Kontorovich); A Critique of the Goldstone Report and its Treatment of International Humanitarian Law; and The Mythical Post-2005 Israeli Occupation of the Gaza Strip (with Dov Shefi).

Lea Spyer
Algemeiner
January 26, 2017

Jewish students at the University of Florida (UF) were stunned Tuesday at the sight of a man with a swastika armband riding a bicycle around campus, the independent student newspaper The Alligator reported.

“When I first saw it I was shocked,” said Avichaim Snyder, adding that he witnessed University Police stop the cyclist, question him and then “[share] a laugh,” before allowing him to ride away.

“I got very aggravated about what was happening. I would have preferred the cop to tell him to take off the swastika,” Snyder said. “The fact that he let him go on his merry way without saying anything was just wrong.”

Students promoting Jewish Heritage Month at an outdoor table said they saw the man ride by as they were packing up to leave. The vice president of the school’s Jewish Student Union, who said she was scared by the incident, added that she was “very thankful” that her peers were already moving away from the area.

The co-directors of the campus Chabad-Lubavitch Jewish Student and Community Center called the incident “an expression of antisemitism and hate,” while the head of UF Hillel said it was “not only unacceptable, but also the antithesis of the embracing and diverse Gator Nation.”

Photos and videos of the man riding around campus quickly made the rounds on social media. It still remains unclear whether the cyclist is a UF student or someone from outside the campus community.

UF spokesperson John Hines said in a statement that while the school does not endorse racism on campus, the man was exhibiting a form of political expression protected under the First Amendment.

“However, it is critical to recognize that swastikas are symbols associated with the Holocaust which exterminated six million Jews as well as multitudes of individuals from other persecuted groups on the basis of their race or religion. The University of Florida encourages inclusion and respect, not hate,” the statement read.

According to the report, Tuesday’s incident is but the latest antisemitic episode at UF. Last Halloween, Snyder said, he saw someone dressed up as Adolf Hitler. Also, he recounted, he was once heckled — while wearing a Star of David — by five students who called him a “dirty Jew” and “Zionist pig.”

As The Algemeiner reported earlier this month, Kenneth Marcus — president of the Louis D. Brandeis Center for Human Rights Under Law — called the US Department of Education “paralyzed” when it comes to protecting Jewish students, due to the absence of a system-wide definition of antisemitism. Marcus said that DoEd’s department charged with combating hate crimes on campus is “stymied by antisemitism cases,” even though the phenomenon has reached a “tipping point around the country.”

Original Article

LDB’s Kenneth L. Marcus will appear with filmmaker Gloria Z. Greenfield and provide remarks at a viewing of Greenfield’s film, “Unmasked Judeophobia” at the University of Tennessee Knoxville in commemoration of the International Hololcaust Remembrance Day and the 72nd Anniversary of the Liberation of Auschwitz Death Camp.

Find Out More

Lea Spyer
Algemeiner
January 25, 2017

The head of a legal NGO supporting a Virginia motion to recognize antisemitism as an unlawful form of discrimination explained to The Algemeiner on Wednesday why it was proposed and what it aims to achieve.

Kenneth Marcus, president and general counsel at the Louis D. Brandeis Center for Human Rights Under Law (LDB), said that Bill 2261, put before the Virginia House of Delegates earlier this month, aims to “get ahead of antisemites,” particularly on campuses, where they have been causing Jewish students distress.

“We need to be as agile and adaptive as our enemies are if we are to defeat antisemitism once and for all,” he said. “And too little is being done to address the problem on the state or federal level.”

The bill, Marcus said – which also demands that Virginia schools adopt the State Department definition of antisemitism, including certain forms of anti-Zionism – “would not outlaw the phenomenon; it would merely provide tools for the state’s public universities to use when applying their existing codes of conduct. For example, if someone assaults a Jewish student or vandalizes a Hillel building, it will provide helpful examples to assist in determining whether the nature of the incident was antisemitic.”

Daniel Davies, a legislative assistant to Delegate Dave LaRock, who co-sponsored the bill, told The Algemeiner that it was born after Virginia lawmakers became aware of antisemitic organizations operating on campuses funded by the state.

“In October, Delegate LaRock was alerted to the fact that the Students for Justice in Palestine (SJP) national conference was to be held at Virginia’s George Mason University. He, together with other legislators, called on the school to pull out, but those concerns were not heeded,” Davies recounted. “Since then, Delegate LaRock has been working with different organizations to formulate legislation that will address antisemitism generally, but especially the issue of anti-Jewish groups, like SJP, having access to facilities paid for with tax dollars.”

According to Marcus, “Virginia is by no means the worst state when it comes to campus antisemitism. But because it prides itself on being the cradle of religious liberty, it makes sense for the Commonwealth to take the lead in dealing with this problem. As a Virginia resident, I am proud that the legislature is being proactive.”

As The Algemeiner reported in October, Jewish students at the University of Virginia were left “horrified” after an orange Star of David and the word “Juden” (German for Jews) were found spray-painted on a student housing building. At the College of William and Mary in November, the words “Go Trump,” with a swastika replacing the letter “T,” was scrawled in a bathroom.

HB 2261’s call on public Virginia universities to adopt the State Department’s definition of antisemitism is similar to that of a stalled bipartisan Congressional bill, the Antisemitism Awareness Act, which was first brought to the Senate in early December and passed unanimously. An identical motion in the House failed to pass due to scheduling issues.

Original Article

JNS.Org
January 24, 2017

Virginia lawmakers are considering a new bill to help school administrators better combat anti-Semitism on state universities following a string of incidents in the past year.

The bill, known as HB 2261 that was introduced by Delegates Dave A. LaRock and Mark L. Cole, enables Virginia state colleges to possess better tools to target anti-Semitism while not infringing upon students’ First Amendment right to free speech. The bill ensures that authorities consider the U.S. State Department’s definition of anti-Semitism when deciding whether an activity was motivated by anti-Semitic intent.

“Delegate LaRock has introduced important legislation that can help ensure that all Virginia state university students are provided an equal opportunity to an outstanding Virginia education,” said Kenneth L. Marcus, president of the Louis D. Brandeis Center for Human Rights Under Law, a non-profit organization that works to advance civil and human rights of Jewish people. “I am pleased that Delegate LaRock was careful to draft the bill in a way that protects the freedom of speech of all students and professors.”

The bill comes amid a number of anti-Semitic incidents on public universities across Virginia. In November, anti-Semitic graffiti was found in a residence hall bathroom, while a month prior, Holocaust imagery was discovered on the University of Virginia. Additionally, at Old Dominion University last March, multiple fliers portraying a swastika and Nazi-supporting messages were posted on poles on campus and students at George Mason University were threatened by an anti-Israel activists who promised to “f*** up a Zionist,” while others another disparaged Jews as “Zionist terrorists” and said that “Zionists are so ugly.”
Original Article

On Tuesday, January 24, Prof. Thane Rosenbaum will speak to the LDB chapter at UC Berkeley School of Law on the topic of, “Israel & International Law: UN Resolutions and their Human Rights Implications.” Rosenbaum is a distinguished fellow at NYU School of Law, an essayist, law professor, and author of the novels, How Sweet It Is!, The Stranger Within Sarah Stein, The Golems of Gotham, Second Hand Smoke, and Elijah Visible. His articles, reviews and essays appear frequently in the New York Times, Wall Street Journal, Washington Post, Haaretz, Huffington Post and Daily Beast, among other national publications. He moderates an annual series of discussions on culture, world events and politics at the 92nd Street Y called The Talk Show. He is a Distinguished Fellow at New York University School of Law where he directs the Forum on Law, Culture & Society. He is the author of Payback: The Case for Revenge and The Myth of Moral Justice: Why Our Legal System Fails to Do What’s Right. He is the editor of the anthology, Law Lit, from Atticus Finch to “The Practice,”: A Collection of Great Writing about the Law. His forthcoming book is entitled The High Cost of Free Speech: Rethinking the First Amendment.

Tennessee Today
January 20, 2017

UT’s McClung Museum will host a viewing of the film Unmasked Judeophobia at 7 p.m. on January 26 in its auditorium.

The film showing is in commemoration of International Holocaust Remembrance Day and the 72nd anniversary of the liberation of Auschwitz concentration camp.

Following the film, there will be a question-and-answer session with filmmaker Gloria Z. Greenfield, who is an honorary artist in residence at UT, and Kenneth Marcus, former director of the US Commission on Civil Rights.

The 2011 film won the Platinum Remi Winner award at the WorldFest-Houston International Film Festival in 2012. Greenfield’s feature-length documentary film credits include The Case for Israel – Democracy’s Outpost (2008), Unmasked Judeophobia (2011), Body and Soul: The State of the Jewish Nation (2014), and the forthcoming Crumbling Towers: Subverting the Western Mind (2017). Greenfield’s documentary short film credits include Chazak, Chazak, v’Nitchazek: Bold Ideas From Three Leaders (2010) and The Louis D. Brandeis Center: For Human Rights Under Law (2013).

Marcus is president and general counsel of the Louis D. Brandeis Center for Human Rights Under Law and author of The Definition of Anti-Semitism (Oxford University Press: 2015) and Jewish Identity and Civil Rights in America (Cambridge University Press: 2010). Marcus founded the Brandeis Center in 2011.

A dessert reception will follow the program.

The entire event, which is free and open to the public, is sponsored by the Tennessee Holocaust Commission, the UT Cinema Studies Program, and the UT School of Journalism and Electronic Media.