The First Antisemitism Lawsuit Against a U.S. State (The Free Press)

Published by The Free Press on 2/26/2026

A coalition of Jewish parents and civil rights organizations have filed the first antisemitism lawsuit against a U.S. state, accusing the California government of failing to protect Jewish students from a surge of antisemitic harassment, violence, and propaganda in the state’s public schools. The filing accuses the state of offering only “toothless remedies” to the scourge of antisemitism through a “glacial and opaque administrative process.”

The suit was filed in Los Angeles Superior Court by the Louis D. Brandeis Center for Human Rights Under Law and the Israel-advocacy group StandWithUs on behalf of several Jewish families. Defendants include a number of state agencies, among them the California Department of Education.

The lawsuit comes more than two years after the October 7, 2023 attacks on Israel, which the Brandeis Center alleges triggered an unprecedented wave of antisemitic incidents in California’s schools that has never been adequately addressed. In 2024, the most recent year for which data is available, antisemitic incidents reached their highest-ever recorded levels in the United States, with violent assaults on Jewish people increasing 21 percent compared to the previous year.

California is one of the few states with a constitutional provision explicitly guaranteeing an equitable and free education, according to Marci Lerner Miller, the director of legal investigations with the Brandeis Center. The lawsuit explicitly cites this provision in arguing that pervasive antisemitism in California’s public schools has “deprived [Jewish students] of equal access to educational benefits and opportunities.”

In the last year there have been many lawsuits filed against universities, accusing them of failing to combat antisemitism and prompting the federal government to freeze billions of dollars in college funding. But now, concern is being raised that antisemitism originates earlier, before students even set foot on a college campus. Elementary school students in Brooklyn, for example, have been taught about the Middle East using a map that entirely excluded the state of Israel, as part of a classroom program funded by the Qatari government. In Queens, a high school teacher had to flee from a mob after her students discovered she attended a protest in support of Israel. In California, under the guise of “ethnic studies,” high school teachers are telling students that “Zionists,” or anyone associated with the state of Israel, are “oppressors” and settler colonialists. In one particularly shocking instance, students at a high school in Silicon Valley were asked to consider the “Effect of Israel’s Bombing of Gaza” on climate change as part of a physics assignment.

This worrying trend in schools is what caused the Brandeis Center to act. The complaint details incidents across more than a dozen California school districts, citing instances of student-on-student harassment and violence, teacher-led antisemitism and biased curricula, and the systematic segregation of Jewish students who complain about antisemitic instances in their respective schools.

“The parents who are in the complaint, they’ve done everything right. They’ve gone through the proper steps. They filed these complaints with the district. Some of them have appealed the decisions. They’ve waited months, years in some cases, and some have never gotten decisions,” Miller said. “They’ve gone through the process that they’ve always assumed would protect their children, and it hasn’t done that.”

One of the plaintiffs in the case, Melissa Alexander, said her 12-year-old son now “refuses to speak about his Jewish heritage and wear his Jewish star anymore at school” due to the way he was treated by one of his teachers.

The suit claims the teacher, whose public social media accounts were allegedly “filled with virulently antisemitic and anti-Israel content,” allegedly targeted the student with fabricated misconduct allegations because he wore Israel-related T-shirts and a Star of David necklace to school. The complaint also alleges that the teacher accused him of being too loud in class, telling the 12-year-old that he had done something “egregious and dangerous.” When Alexander asked what her son had done, the teacher allegedly told her “it did not matter.” Alexander’s son received “Unsatisfactory” grades in the class, and was told that he might not be able “to matriculate to eighth grade.”

“None of [the child’s] other teachers raised concerns about his behavior, and aside from the class with this teacher, [he] was a straight-A student,” the claim alleges.

The school never took action against the teacher, according to the complaint. “Watching my son navigate these challenges has broken my heart,” Alexander said.

In another striking example, a third-grade girl at Kester Elementary School in Los Angeles—identified in the complaint as Student B—planned to perform in the school talent show in 2024, singing a song by an Israeli Eurovision contestant and carrying a poster that included the Israeli flag. Before she could take to the stage, a teaching assistant allegedly stopped the 9-year-old and told her that “Israel is a racist apartheid state, and by supporting Israel, you are being racist.” The lawsuit claims she was barred from performing with her poster. The family has since moved her to a different school.

Two more plaintiffs in the case, Dawn and Michael Rosenthal, allege that in 2024, their son, B.R., transferred to Daniel Pearl Magnet High School—named for the Jewish journalist murdered by terrorists in Pakistan in 2002—specifically to escape antisemitism at his previous school, Sherman Oaks Center for Enriched Studies. At Sherman Oaks, his peers allegedly called him “shitcan Jew,” and taunted him with “Heil Hitler” salutes. As a solution, administrators allegedly suggested he eat lunch alone in a segregated space rather than with his classmates. In November 2022, during a physical education class, a group of students chased him around the track yelling “Let’s get the Jew,” tripped him, and beat him until he lost consciousness. The school did not suspend a single attacker. Some were placed back in B.R.’s classes, according to the complaint.

Daniel Pearl Magnet was supposed to be a fresh start. Instead, the complaint alleges, it became another incubator of antisemitism. B.R.’s honors chemistry teacher repeatedly displayed a “Free Palestine” poster and refused a principal’s request to remove it. On October 7, 2025—the two-year anniversary of the Hamas massacre—the teacher allegedly wrote on the whiteboard: “Oy vey, it’s free,” with an arrow pointing to “FREE PALESTINE.” When the Rosenthals complained, the school offered to pull B.R. from the class entirely and enroll him in a solo online course through a credit-recovery platform, costing him both in-person instruction and his honors designation. The teacher was ultimately removed, but not for any of this—he was arrested on felony charges after stapling a student’s arm.

Beyond individual incidents of harassment, the complaint also devotes substantial attention to what it describes as the infiltration of “antisemitic propaganda” into the classroom.

It focuses particularly on an unauthorized curriculum created by members of the Oakland Education Association, which was used in a December 2023 teach-in that reached students across grade levels, including kindergartners.

The curriculum’s materials included a read-aloud of the children’s alphabet book P Is for Palestine, in which “I is for Intifada,” and is defined in the book as “rising up for what is right, if you are a kid or a grown-up.” The complaint notes that the word intifada refers to two periods of sustained violence in which more than a thousand Israeli civilians—including children—were killed in suicide bombings of buses and cafés carried out by Palestinian terrorist organizations.

A worksheet included in the same curriculum asked elementary school children to draw “the Zionist leaders of Israel receiv[ing] money and support.” Another worksheet referred to “Zionist bullies” who are “”always scaring” and “arresting” Palestinian children.

Despite widespread public reporting about the teach-in at the time, and the Oakland Unified School District’s own statement that it was unauthorized, the complaint states that no teachers who participated were ever disciplined.

One parent who raised the alarm about this curriculum, Ivy Chesser, alleges in the suit that when she raised concerns to the administration, she was “ignored, dismissed, or offered only paltry solutions that reflect a tolerance for antisemitism.”

“I chose to be a part of this lawsuit,” Chesser said, “because I am afraid for the future my children will face after generations are allowed to be indoctrinated with antisemitism and anti-Americanism in our classrooms.”

“The California education system is teaching the state’s children that Jewish Americans and Israelis are racists, white supremacists, oppressors, and baby-killers who should be shunned,” said Kenneth Marcus, founder and chairman of the Brandeis Center and a former U.S. Assistant Secretary of Education for Civil Rights. “The result is not surprising: Jewish children and children perceived as Jewish are bullied and excluded by their peers and harassed by their teachers, who silence, mock, and even segregate them if they speak out.”

The lawsuit is seeking widespread changes to how the state of California prevents and addresses antisemitism, including “by investigating and addressing past acts of misconduct, taking proactive measures to stop future discrimination, and forbidding California’s schools from being commandeered as centers of antisemitic indoctrination.”

“We’re hoping to give Jewish students the same opportunities as every other student in California to a free and equal public education, which is their guaranteed constitutional right,” said Miller. “Unfortunately, we have to do this through the lawsuit, because all of the other methods the parents and we tried have not been enough to accomplish that.”