This fact sheet outlines what erasive anti-Semitism is; how erasive anti-Semitism manifests; and provides real-life examples from college campuses, corporate environments, and legal settings. FINAL-factsheet-erasiveDownload
Published 10/14/23 by Deseret News; Story by Hanna Seariac Jewish groups are working to stop this new tide of antisemitism. While Harvard Divinity School student Shabbos Kestenbaum was observing the Sabbath and celebrating the sacred holiday Sukkot, he wasn’t expecting to hear that he should reach out to any of his friends or family in Israel as soon as he could. But Hamas had begun brutally attacking Israeli civilians as the Saturday sun rose. As Jewish students at Harvard reached out to loved ones in Israel and at least one Israeli student was called for emergency reserve service, other students on campus were preparing a joint statement, saying Israel was “entirely responsible for all unfolding violence.” The Harvard College Palestine Solidarity Committee issued the statement that eventually more than 30 student organizations signed. The origins of the letter and how groups decided to sign the letter are unclear. The organization’s leaders did not respond to an interview request. Since then, some student organizations have distanced themselves from the joint statement and one student resigned from the board of a signatory organization because she said she didn’t know her organization signed until it was public. In an Instagram post, Harvard’s Palestine Solidarity Committee said it “staunchly opposes all violence against innocent life and laments all human suffering.” This clarification came days after the organization had drawn intense public backlash. As Hamas inflicted terror on innocent civilians, including children, Kestenbaum said it was “deeply disturbing, at best,” to see his fellow classmates sign a statement like this. Kestenbaum told me he’s an Orthodox Jew, a two-time Bernie Sanders voter and has been sympathetic to the Palestinian cause, but he thinks what happened doesn’t have anything to do with politics. “This is a matter of humanity versus depravity,” he said. More than 350 Harvard faculty members signed a joint letter denouncing the student organizations’ joint statement. “In the context of the unfolding events, this statement can be seen as nothing less than condoning the mass murder of civilians based only on their nationality,” faculty wrote. Boaz Barak, Harvard computer science professor and one of the letter’s lead authors, told me he decided to write the letter after hearing Jewish and Israeli students say “they felt isolated and not supported.” Harvard visiting scholar Rabbi David Wolpe said that he and Barak were at Hillel — Harvard’s center for Jewish students — to show the students support. There, students spoke about how they felt unsafe on campus, and Rabbi Wolpe said Barak told him he was going to write a letter and workshop it with colleagues. Some Jewish students on campus were shocked by the student groups’ joint statement, but Kestenbaum said it’s more complicated. “I want to say that it came as a shock and that we would have expected just sympathy or empathy as a given,” Kestenbaum said. “But looking back, I see this as an inevitable culmination of years of intellectual decay.” As student organizations on campuses across America, from Yale to Stanford, issue statements and op-eds expressing similar sentiments to the Harvard joint statement — blaming Israelis for Hamas’ attack — they have triggered rage and denouncement. But they’ve also revealed an underbelly of antisemitism at elite colleges. Rabbi Wolpe said he doesn’t want to “paint all campuses with the same brush,” but he said there are some schools with this issue. “Paradoxically, the more elite the university, the more likely Jews are going to have a hard time there,” Rabbi Wolpe said. “And the Ivy Leagues, unfortunately, are some of the least hospitable.” It’s not just one anecdote or personal opinion — data shows antisemitism is resurgent on American campuses, just as it is in the U.S. overall. Groups like the AMCHA Initiative — “amcha” is a Hebrew word meaning “your people” — and the Brandeis Center have pointed out not only the high volume of antisemitic incidents on college campuses, but also show that some elite colleges like Harvard have the highest number of incidents. Nearly one-third of Jewish students said they experienced or saw antisemitism on campus, according to an ADL-Hillel survey. In April 2022, for example, a University of Illinois student who was participating in a protest organized by Students for Justice in Palestine “admitted to police that he threw a rock at students gathered on an outdoor patio at Illini Hillel.” He was charged with a hate crime, which was later dismissed after he wrote an apology letter and did service work at Boston-based Jewish organizations. Though antisemitism has been bubbling up for a while, now “the unavoidable fact is that there is something monstrous in U.S. college campuses and on U.S. streets,” Kenneth Marcus, founder and leader of the Brandeis Center, told me. Marcus, who has served on the U.S. Commission on Civil Rights and been a pioneer in combatting antisemitism on college campuses, talked about when some student groups at University of California Berkeley School of Law amended their bylaws to say they wouldn’t invite speakers who support Zionism. In response to this, Marcus, a Berkeley alum, penned an op-ed arguing this bylaw had the impact of excluding Jewish people. Law school Dean Erwin Chemerinsky reportedly called the bylaw antisemitic, though he also said Marcus’ op-ed was “inflammatory.” At the heart of the issue is the question of whether or not anti-Zionism equates to antisemitism. Everyone I interviewed said the two were not inherently the same, but statements about Israel can cross over into antisemitism. The U.S. Department of State’s working definition of antisemitism says that criticizing Israel, like criticizing other countries, is not antisemitic, but “claiming the existence of a State of Israel is a racist endeavor” is antisemitic. “While it is possible to object to Israel, to criticize Israel and to be angry at Israel and not be antisemitic, the antisemitism comes in when you reject the legitimacy of Israel,” Rabbi Wolpe said. “And when you are wildly disproportionate in your criticism of Israel as opposed to other places.” Labeling someone or something as antisemitic has to be done cautiously, Rabbi Wolpe said. “Not everyone who feels sympathy for the plight of the Palestinians is antisemitic.” Where it crosses into antisemitism is when Israeli “is singled out” or “delegitimized.” “There have been times and places where one could have been opposed to the State of Israel without being antisemitic,” Marcus said. But, nowadays, “the hatred of Israel that we’re seeing in the anti-Zionist movement is simply a continuation of the age-old hatred of the Jewish people under the guise of political discourse.” To understand how college campuses have ended up seeing a resurgence in antisemitism, it’s important to look at historical context. In the 1900s, universities like Stanford, Columbia, Rutgers, Harvard and other institutions put caps on the number of Jewish students who could attend. “Quotas” for Jewish students at elite universities would last through the ’50s and ’60s depending on the school. Administrators employed stereotypes in pursuit of these quotas. Students faced antisemitism in other ways, too. At Emory University students “were forced to repeat courses or were failed solely because they were Jewish.” Faculty also faced antisemitism. Shelly Tenenbaum wrote about how a Clark University president would discriminate against Jewish people who were candidates for faculty positions on campus. Though universities ceased these practices over time, in recent years antisemitism has arisen in other ways on campus. Some of the most troubling incidents come from California schools. At San Francisco State University in 2002, 400 Jewish students staged a sit-in for “Peace in the Middle East” and an eyewitness professor said these students were met with antisemitic jeers and death threats. A University of California Irvine Jewish student endured classmates employing “threatening language and hurtful ethnic slurs” in 2004, and that same year, a Jewish student had a rock thrown toward him. He was wearing a shirt that said “Everybody loves a Jewish boy.” In 2002, Harvard University president Larry Summers commented on rising antisemitism during a speech at Memorial Church. “Where anti-Semitism and views that are profoundly anti-Israeli have traditionally been the primary preserve of poorly educated right-wing populists, profoundly anti-Israel views are increasingly finding support in progressive intellectual communities,” he said. Summers cited different examples, including Israeli scholars being “forced off the board of an international literature journal,” and his last example included Harvard. He said people at Harvard and other universities “have called for the University to single out Israel among all nations as the lone country where it is inappropriate for any part of the university’s endowment to be invested.” Summers wasn’t alone in suggesting that anti-Israel sentiment has become closely associated with antisemitism. Demographer Gary Tobin, in a 2005 brief from the U.S. Commission on Civil Rights, said understanding “the growth of intolerance on campus” comes down to seeing “anti-Israelism and anti-Semitism as part of a combined ideology.” Tobin clarified this does not mean there’s no legitimate way to criticize Israel. Instead he said some anti-Israeli sentiment mirrored stereotypes and “brutal and conspiratorial charges levied against Jews throughout history.” As Yair Rosenberg has written for The Atlantic, antisemitism often rears its ugly head through conspiracy, not simply overt epithets and signage. This is one of the ways antisemitism has become so pervasive on college campuses. When Rosenberg testified in front of the Foreign Affairs Committee of the U.S. Congress, he told them antisemitism and anti-Jewish prejudice has more to do with “adherence to a conspiracy of Jewish control” than it does with “identity or background.” In other words, antisemitism should be understood not only as a personal prejudice, but as a belief system where one scapegoats Jewish people. And one place where Tobin saw that same sort of sentiment manifest was on campuses. “Anti-Semitism and anti-Israelism on campus have become entwined, so that anti-Israel rhetoric draws from traditional anti-Semitic stereotypes,” Tobin explained. “The ideology of anti-Israelism transfers these stereotypes of traditional anti-Semitism onto discussions about Israel.” In 2021, Tablet Magazine reported on survey findings that showed “more-highly educated people in the United States tend to have greater antipathy toward Jews than less-educated people do.” Leading up to the array of student organizations releasing statements blaming Israel for Hamas’ attack on them, 2022-2023 already saw a significant jump in anti-Israel incidents on college campuses, according to the Anti-Defamation League. One of the incidents the ADL included was Harvard’s “Apartheid Wall” — a derogatory name for Israel’s West Bank Wall — which was part of the university’s “Apartheid Week.” Kestenbaum mentioned this as one of the instances where he said he saw antisemitism on campus. Kestenbaum emphasized that “it is important for Palestinian perspectives to be brought on campus,” but he described “Apartheid Week” as “a veiled attempt at telling Jews at Harvard that they’re not welcome on this campus.” Other Jewish students on campus have expressed discomfort at the display, calling it “painful and offensive.” As recently as this week, according to an account published in The Forward, a Stanford University instructor was suspended after telling Jewish and Israeli students to move with their backpacks into a corner. The teacher then reportedly said, “This is what Israel does to the Palestinians.” The instructor asked, “How many people died in the Holocaust?” After a student said 6 million, the teacher replied, “Colonizers killed more than 6 million. Israel is a colonizer,” according to The Forward. Though antisemitism has emerged as a major issue on campuses, both Marcus and Rabbi Wolpe believe strong leadership could improve the situation. Both pointed toward President Joe Biden’s remarks on Israel as an example of strong leadership administrators could emulate. Marcus also drew attention to former U.S. senator and current University of Florida president Ben Sasse. After last week’s attack on Israel, in an emailed letter to Jewish alums of the university, Sasse wrote: I will not tiptoe around this simple fact: What Hamas did is evil and there is no defense for terrorism. This shouldn’t be hard. Sadly, too many people in elite academia have been so weakened by their moral confusion, that, when they see videos of raped women, hear of a beheaded baby, or learn of a grandmother murdered in her home, the first reaction of some is to ‘provide context’ and try to blame the raped women, beheaded baby, or the murdered grandmother. In other grotesque cases, they express simple support for the terrorists. Rabbi Wolpe said he believes it’s important for university administrators to speak up against the kind of violence Hamas perpetuated against Israel, and there were two important things he wanted people to know. “The average student is not a political actor. The average student wants to study and learn and go and have a career, and have a family,” he said. “We overweigh sometimes those who are politically outspoken and think they represent all their fellow students. And that’s just not true.” “It’s also really important that people understand antisemitism is a real and dangerous beast that is loose in our land,” Rabbi Wolpe said. “And we have to take it seriously.”
Published 10/11/23 by the Society for Human Resource Management; Story by Matt Gonzales Be on the lookout for discrimination against employees of Jewish or Palestinian heritage Like many others in the Jewish community, Kenneth Marcus has been overcome with emotion since Hamas, the Palestinian militant group that controls the Gaza Strip, launched one of the most destructive attacks on Israel in decades on Oct. 7. The death toll has soared to over 2,300 people in Israel and Gaza, including at least 22 Americans, according to the Associated Press. “I know people who have lost loved ones in Israel, and I have been waiting in despair to see what additional news will come out of Israel and Gaza,” said Marcus, the founder and leader of the Louis D. Brandeis Center in Washington, D.C., an institution dedicated to advancing the civil and human rights of Jewish people. “This is an agonizing time.” History shows that global conflicts can lead to repercussions in the workplace. Russian-American employees were harassed following Russia’s invasion of Ukraine. A widespread conspiracy theory falsely accused the Asian American community of spreading the coronavirus, resulting in workplace hostility toward the group. And many Muslim people in the U.S. were harassed after the 9/11 attacks. Marcus said many Jewish and Israeli workers are traumatized by the recent events in Israel, and their emotions could be exacerbated by antisemitism. He has noticed a spike in anti-Jewish rhetoric on social media since Hamas began its attacks and expects to see a rise in many other sectors, including the workplace, as the war progresses. Employers are urged to be on the lookout for discrimination against Palestinian and Israeli employees and be ready to offer them support. Bias Against Jewish, Palestinian Workers ‘Not OK’ Jonathan Segal usually doesn’t watch the news much. Over the past week, though, he’s been glued to the TV. Segal, a Jewish attorney with Duane Morris in Philadelphia and New York City, said he was shocked upon learning of Hamas’ attacks. Friends and colleagues have reached out to him asking if he’s OK emotionally. He called the assault on innocent civilians “like 9/11 for Israel.” “Make no mistake about it: This was not just an attack on Israel as a nation,” said Segal. “It was an attack on the Jewish people writ large.” However, he also made clear that “any bias against Palestinians is not OK.” The White House recently released a joint statement with leaders of France, Germany, Italy and the U.K. stating that Hamas does not represent the aspirations of the Palestinian people. While there has been a surge of support for Hamas online, many Palestinians have condemned the attacks on Israeli civilians. In an interview with NBC News, Najeh Zahghlol, a Palestinian American in Chicago, said Palestinians “are against killing civilians,” while Nathan Al, an Iraqi native who lives in Michigan, added that many Arab Americans “just want both countries to resolve their issues and come to peace.” The U.S. Equal Employment Opportunity Commission (EEOC) unanimously approved a resolution on Oct. 10 reaffirming its commitment to combat “all forms of harassment and discrimination against members of the Jewish community, and to ensure equal opportunity, inclusion, and dignity for all in the workplace.” The agency has also announced in the past that discrimination against Muslim workers is unlawful. What HR Professionals Need to Know As the war continues, Marcus recommended ways for employers to be proactive in supporting Jewish employees: Establish an employee resource group for Jewish employees if you haven’t already. Consider sending messages of support to any employees impacted by the attacks, including employees who may have lost family or friends in Israel. Be aware that some Israeli American employees may be called to service if they are members of Israel’s military reserves. Stay cognizant of the prospect that your workplace may experience an uptick in harassment and bias incidents against Jewish employees. “Corporate leaders should be sending messages of support, both internally and externally,” Marcus added. He also said companies should check their policies to ensure that they are meeting their legal obligations to all employees. “It is also helpful to be attentive to specific employee concerns,” Marcus said. “In other words, managers should be clear that they are available to listen to any special needs or concerns that their employees may have at this difficult time.” Be available for Palestinian Americans, too, who are fearful for their family and friends. Segal said organizations that have condemned other societal horrors, such as Russia’s invasion of Ukraine, should also denounce the Hamas attacks without equivocation because “selective silence is problematic. “Even if you don’t specifically condemn the attacks,” he explained, “please let employees know what resources you have for [traumatized employees].”
This article, published 10/11/23 by the San Francisco Chronicle, links to the letter the Brandeis Center and nine other Jewish American organizations sent to more than 500 university presidents, in the wake of Hamas atrocities. University leaders, faculty and students are navigating a new level of tension at Stanford, UC Berkeley and other universities across the country as some student groups respond to the Hamas attack on Israeli civilians by saying it was justified or inevitable in light of Israel’s treatment of Palestinians. On Thursday, as the National Students for Justice in Palestine group holds a “National Day of Resistance” on many campuses, a coalition of Jewish and civil-rights groups sent a letter to 500 university presidents urging them to speak out “promptly, forcefully and clearly” against any hate speech, among other protective measures. Stanford administrators said Wednesday they are investigating reports that a lecturer “addressed the Middle East conflict in a manner that called out individual students in class based on their backgrounds and identities,” and that that person has been removed from teaching duties while the university looks into the situation. Students told the Chronicle that the lecturer had asked Jewish students to identify themselves in two classes, declared them to be colonizers, and minimized the impact of the Holocaust. Dozens of Stanford faculty members, including three Nobel laureates, sent a letter to the university’s leaders Wednesday condemning what they called Stanford’s tepid response to the crisis and to pro-invasion sentiments expressed on campus. The letter to interim President Richard Saller and Provost Jenny Martinez criticized Stanford for referring to the killing of at least 1,200 Israelis and the taking of more than 100 hostages as the “Middle East conflict.” The letter said Stanford did not remove “extremely offensive banners” on campus calling for the abolition of Israel, and stood by as Jewish students were singled out online after the violence by Hamas. “This situation calls for a clear condemnation of terrorism and a strong stance in support of basic human rights and dignity,” said the letter signed by faculty across many disciplines and by Nobel prize winners Michael Levitt, who won for chemistry, and Paul Milgrom and Alvin Roth, who won for economics. Hours later, Saller and Martinez responded. “We hear the deeply felt concerns, fears, and grief that have been expressed by students, faculty, and staff,” they wrote in an “Update for the Campus Community.” “As a moral matter, we condemn all terrorism and mass atrocities. This includes the deliberate attack on civilians this weekend by Hamas,” they wrote, noting that they had heard from Jewish students and employees concerned about rising antisemitism, and from Palestinian students who received threats by phone and email. Referring to posters and chalked phrases — which included “Israel is dead,” and “Long live the Intifada” — Saller and Martinez said that even though many people find them offensive, such speech is allowed “except when it crosses the line into certain illegal categories such as threats or harassment.” An opinion piece published Tuesday in the Stanford Daily by Students for Justice in Palestine decried Israel’s treatment of Palestinians, but did not mention the weekend slaughter of Israeli civilians. The Stanford professors’ letter followed criticism of Harvard’s leaders for not denouncing a statement by students who declared “the Israeli regime entirely responsible for all unfolding violence.” In all, 31 student groups signed the anti-Israel statement released on Saturday. “The silence from Harvard’s leadership, so far, coupled with a vocal and widely reported student groups’ statement blaming Israel solely, has allowed Harvard to appear at best neutral towards acts of terror against the Jewish state of Israel,” wrote Larry Summers, former Harvard president and former U.S. treasury secretary, on X, formerly known as Twitter. At UC Berkeley, the student group Bears for Palestine responded to the Hamas attack with an Instagram post expressing “unwavering support of the resistance in Gaza” and referring to the fighters as martyrs. Late Wednesday, Chancellor Carol Christ sent a letter to the UC Berkeley community saying she was “heartbroken by the terrible violence and suffering in Israel and Gaza.” “The brutal attack by Hamas on Israel, the killing of so many innocent people — including children and the elderly — and the taking of hostages, fill me with grief and dismay,” Christ said, while Israel’s subsequent blockade and bombing of Gaza “is causing the loss of yet more innocent lives.” Retaliatory airstrikes by Israel’s military have killed at least 1,127 people and injured more than 5,300, most of them noncombatants, the New York Times reported Wednesday, citing Gazan health officials. Christ called on the campus community to “act with compassion and respect for one another.” On Monday, two days after the attack, Stanford officials posted a statement offering “support and resources for students as crises unfold worldwide” that included links to support groups for Jewish and Muslim students. A question-and-answer section of the statement asked: “Will the university take a position on the Israel-Palestine or Armenia-Azerbaijan crises?” The answer was no, because “Stanford as an institution does not take positions on geopolitical issues and news events.”
Published by Philanthropy Roundtable on 10/12/23. Philanthropy Roundtable is providing a list of organizations offering humanitarian aid to Israel, as well as those actively working to fight a growing tide of antisemitism. Israel is in crisis after the terrorist organization Hamas launched unprecedented and brutal attacks against Israeli civilians, including young children and the elderly, over the weekend. The death toll from the massacre has now surpassed 1,200 fatalities. U.S. citizens are also among those being held hostage in Gaza. As Israel reels from these attacks and works to recover the dead and attend to the wounded, families have been displaced from their homes and separated from loved ones. They continue to search for information on those who were kidnapped. At the same time, antisemitism continues to mount, reaching historic levels in recent years. In some corners of the world, the surprise attack by Hamas was met with cheers, including at a pro-Palestinian rally in New York City’s Times Square, where “speakers mocked slain civilians and called for the elimination of Israel.” We are deeply saddened and horrified by the terrorist attacks against Israel and the enormous loss of life among innocent populations. Philanthropy Roundtable stands in solidarity with the people of Israel and all Jewish communities in America and abroad. At the Roundtable, we encourage charitable giving to organizations that respond to crises in a timely, targeted manner and in a way that reflects our shared values. Israelis are in desperate need of humanitarian aid and recovery assistance as war now rages against Hamas. If you are looking for ways to give, please consider the following organizations as they work to aid civilians now living in a war zone and combat the new wave of antisemitism around the globe. The Brandeis Center for Human Rights Under Law The Louis D. Brandeis Center for Human Rights Under Law is a nonprofit organization founded by Kenneth L. Marcus in 2012 to advance the civil and human rights of the Jewish people and promote justice for all. It “engages in research, education and legal advocacy to combat the resurgence of antisemitism on college and university campuses, in the workplace and elsewhere. It empowers students by training them to understand their legal rights and educates administrators and employers on best practices to combat racism and antisemitism.”
Op-ed by NJAC Director Mark Goldfeder, published by The Hill on 10/13/23. This op-ed links to our white paper: International Humanitarian Law in Asymmetric Warfare It did not take long at all for the usual anti-Zionist politicians, pundits and members of the public to regather their composure — even after seeing pictures of the shocking atrocities committed by Hamas terrorists this weekend against innocent Jewish babies — in order to justify the massacre by proclaiming that the victims had it coming. Now, as the Jewish state mounts a military response, these same pseudo-intellectuals are once again predictably accusing Israel of war crimes for daring to respond to the slaughter of its citizens. There is a lot of misinformation being spread by those who either do not understand or are purposely misusing the rules of international humanitarian law (IHL), also known as the law of armed conflict. Designed to create a framework that can help make sense of the chaos of war, it is important that any and all discussions remain firmly grounded in the facts. So let’s review. The central feature of the law of armed conflict is to prevent unnecessary casualties and protect innocent civilians. It does this primarily through the application of three fundamental governing principles: distinction, military necessity, and proportionality. Perhaps the most basic rule — and indeed the very first rule in the manual of customary IHL — is the principle of distinction, which requires that “[T]he parties to the conflict must at all times distinguish between civilians and combatants. Attacks may only be directed against combatants. Attacks must not be directed against civilians.” Hamas completely and unabashedly disregards every aspect of that convention, and brazenly films themselves killing innocent and helpless non-combatants. Nevertheless, the Israel Defense Forces remain firmly committed to the rule of law, and will not target civilians. Per the Lieber Institute for Law & Warfare at West Point, despite Hamas’s openly slaughtering innocent civilians, “[t]here are no reliable reports that the Israel Defense Forces (IDF) have intentionally targeted civilians.” Nor will the IDF engage in spreading terror or make use of indiscriminate attacks. That does not of course, mean that Israel is not responding to Hamas, nor does it mean that there may not be additional tragic loss of innocent life as a result of that response. The principle of military necessity permits “measures which are actually necessary to accomplish a legitimate military purpose and are not otherwise prohibited by international humanitarian law.” As the International Committee of the Red Cross notes, almost by definition “Military necessity generally runs counter to humanitarian exigencies. Consequently the purpose of humanitarian law is to strike a balance between military necessity and humanitarian exigencies.” That balance is generally struck by operation of the third fundamental principle, the principle of proportionality. The principle of proportionality forbids attacks in which the expected incidental loss of civilian life, injury to civilians, damage to civilian objects or any combination thereof would be excessive in relation to the anticipated military advantage gained. To be clear, the calculus involved in proportionality is not about revenge (i.e., it is not about striking back against your enemy in proportion to how hard you were hit). Nor is it a capabilities comparison that tries to balance weaponry or technological ability, nor is it an effects-based relative comparison that looks at the amount of damage, or the number of dead bodies, on both sides. Such perverse reasoning is one of the reasons why Hamas continues to engage in the use of human shields, murdering their own women and children to artificially widen the asymmetry — but not the legal proportionality — gap. It is instead a prospective analysis that legally permits the risk of collateral damage necessary to achieve a just military objective. The greater the objective, the greater the extent of permitted risk of incidental damage or even, God forbid, death. As it relates to Israel’s current operations, the legitimate military purpose is to wipe out Hamas, a genocidal terrorist organization that indiscriminately kills both Israeli and Palestinian men, women and children. Aside from the standard IHL principles of self-defense, under the Convention on the Prevention and Punishment of the Crime of Genocide, they have an affirmative obligation on behalf of the international community to prevent and punish genocide. Saving millions of lives from terrorists who would demonstrably brutally end them if given the slightest chance is an overwhelmingly necessary and just military objective. That does not mean Israel should not do everything it can to minimize casualties, which is why Israel takes important measures, including warning civilians to leave endangered areas before attacks. This, of course, is made more difficult by the fact that Hamas continues to hide munition stores in hospitals and schools. (Another important rule, a corollary to the principle of distinction, requires that combatants “distinguish themselves from the civilian population, whether it be through distinctive insignia, clearly identified military vehicles, etc. Hamas, of course, does not.) But it does mean that any unavoidable loss of life or collateral damage is on Hamas’s account; it was caused by their decisions and actions, and not Israel’s legitimate, necessary and proportionate response to those actions. Any loss of innocent life is tragic, but sometimes it is lawful. Both things can be true. And as Israel exercises its right to defend its very existence, they very likely will be. As Israel does just what it needs to do, may God protect the innocent — because we know Hamas will not.
Washington, D.C. (October 12, 2023): The Anti-Defamation League, American Jewish Committee, Louis D. Brandeis Center for Human Rights Under Law, Conference of Presidents, Hillel, and numerous others today sent a strongly worded warning to more than 500 university presidents of specific actions they must take under the law to protect Jewish and Israeli students from the fallout of today’s Students for Justice in Palestine (SJP) “National Day of Resistance” taking place on campuses across the U.S. To read this press release in PDF form, click here.
Published by Politico on 10/12/23. Story by Bianca Quilantan. A wave of student activism is putting pressure on the agency to release a proposal that could force university leaders to referee advocacy as well as discrimination. A Donald Trump-era push to squash antisemitism on college campuses is seeing new life as student protests erupt in the aftermath of the violence between Israel and Hamas. The latest wave of activism is putting pressure on the Education Department to release a proposal — one twice delayed by the Biden administration — that could force university leaders to referee pro-Palestinian advocacy and discrimination against Jewish people. It would potentially force college administrators to investigate claims of discrimination against ethnic groups or risk losing federal money, making it harder for them to stay out of debates about campus protests. The absence of the regulation will likely be felt as dozens of campuses expect to host pro-Palestinian rallies on Thursday with the backing of the National Students for Justice in Palestine. The group has been coordinating its 200 solidarity groups for a “day of resistance” since Monday — a wave of protests that has spurred nearly 150 Jewish student organizations to demand that campus administrators “condemn” the groups for their “campaign to glorify the Hamas attacks.” Harvard, Columbia and dozens of other universities have rushed to put out statements declaring who they support. But the resulting attempts to sympathize with civilians on both sides while fielding concerns about the potential for antisemitism and Islamophobia has rarely satisfied campus factions. “This highlights the need for the Biden administration to make good on its long delayed promised regulations,” said Kenneth Marcus, who led the Education Department’s Office for Civil Rights under the Trump administration and now leads the Brandeis Center, which advocates for the civil rights of Jewish people. “This has been promised over and over again and delayed throughout the administration.” The Education Department’s rule on antisemitism and ancestry-based discrimination, which hasn’t been proposed yet, might not make college administrators popular with their students or free-speech activists, but it would make it clear when they must intervene in tense demonstrations or discussions. Advocates for the rule say past agency fact sheets indicate that it could closely align with Trump’s executive order that threatened to pull federal funding from colleges that ignore antisemitism on campus. Without the Trump-era policy, its supporters see students, administrators and other education leaders struggling this week to balance free speech with potentially antisemitic or islamophobic rhetoric as tensions over the war in Israel and Gaza escalate on campuses and social media. Statements from college presidents such as Harvard University’s Claudine Gay have dominated headlines as being too lax, especially when student groups have touted the invasion as a victory for Palestinians. Gay is one of many college presidents who have fumbled over how to respond to students following the war, and policy experts argue that the Biden administration could help navigate this issue. (Gay quickly released a second statement after Sen. Ted Cruz (R-Texas) and other Harvard alum criticized her first.) “This unfortunately sends a signal that the massacre of Jews is less important in the minds of university leadership, or at any rate that they are, for whatever reason, less capable of a response than when other groups such as Ukrainians are attacked,” Marcus said of Gay’s initial response. Israeli-Palestinian protests on college campuses are not new. Palestinian student groups have long rallied in support of national liberation, while Jewish groups who support Israel have been worried about a rise in antisemitic incidents which have surged on college campuses in recent years. “When there’s an uptick in violence in Israel-Palestine, we see ramifications here in the United States and in Europe, and we see an uptick in antisemitism,” said Miriam Elman, executive director of the Academic Engagement Network, a nonprofit that organizes and trains about 1,000 faculty and administrators on 300 campuses to combat antisemitism. She added that Jewish student groups are largely concerned with National Students for Justice in Palestine, which “seems to have wrapped itself in a very pro-Hamas position and messaging.” National Students for Justice in Palestine has asked its student chapters to rally because “we have an unshakable responsibility to join the call for mass mobilization… National liberation is near.” Student organizers, however, say there has been increased police presence on campuses around their rallies and Jewish gathering places. Academic and mental health support has also been extended to Jewish students, “but that same support has not been extended to Palestinian, Arab or Muslim students at all,” said Craig Morton, a Yale University student organizer with Yalies4Palestine and a fellow at the U.S. Campaign for Palestinian Rights. “Whenever something comes up with Palestine, the narrative put out by police or elected officials is that they’re deeply concerned about Jewish Americans,” Morton said. “My community is made out to be a threat against the Jewish community here, which couldn’t be further from the truth.” The Yalies4Palestine protest held Monday was peaceful, according to reports, and students from other nearby colleges including the University of Connecticut and Wesleyan University joined the demonstration held in New Haven. But a Harvard University student-organized vigil for solidarity with Palestinians was abruptly postponed Tuesday due to threats and safety concerns. Police officers divided protesters Monday at Indiana University. And dozens of students were injured in a stampede during a candlelight vigil supporting Israel at the University of Florida after a woman fainted at the event. California State University at Long Beach disavowed rhetoric at a pro-Palestinian student rally as “deeply offensive.” And there has been pushback over the posters used widely to promote rallies held by student groups that depict a paraglider, which were used by Hamas in their attack on Israel. Gay, the Harvard president who came under criticism for not responding to student groups’ pro-Palestinian messaging, condemned the “terrorist atrocities perpetrated by Hamas” and said no student group speaks for Harvard. At Columbia University, President Minouche Shafik urged students to support each other, and encouraged her faculty to “find ways of bringing clarity and context to this painful moment.” New York University President Linda Mills also acknowledged that the violence in the Middle East will “likely intensify the feelings of those on our campus who hold strong views on the conflict,” and presidents of other institutions released similar statements disavowing the attacks. “Where leadership really has to intervene is to say, we do want robust conversations that can be quite critical of Israeli policy,” said Elman, of the Academic Engagement Network. “We do want conversations about how to advance Palestinian rights and justice and we want to create space for that, but not to the point where we are allowing — in an uninhibited way — speech and activism that is crossing a line into advocating for violence and terror.” Education Secretary Miguel Cardona has yet to publicly acknowledge the conflict and how it is roiling colleges. Lawmakers and advocates for Jewish students have been urging the Education Department to make combating antisemitism on college campuses a priority after the agency delayed its rulemaking on the issue, which was first expected in January 2022. A proposed rule is expected to be unveiled in December. An Education Department spokesperson said the administration “remains deeply concerned about antisemitism and related forms of discrimination and hate at schools and on college campuses,” and pointed to its national strategy and awareness campaign on antisemitism. “Title VI of the Civil Rights Act of 1964 prohibits discrimination against students based on shared ancestry and national origin, including Jewish students and those from other religious groups, as well as students from Israel and Palestine,” the Office for Civil Rights wrote on X. Advocates for Jewish students said they want to see Cardona issue a strong statement. But the delay in response at Harvard has been top of mind for advocates who say Gay’s tepid statement from campus leadership and her delay to address her student groups’ statement was a failure. Marcus said his group has already seen significant increases in antisemitic remarks on social media since the weekend, and they expect more calls this week regarding Jewish students facing harassment. He urged university leaders to get ahead of potential harassment. But groups that support Palestinians see a clear imbalance and fear an erosion of free speech. A pro-Israel narrative has dominated the airwaves from the U.S. government and the media, making it difficult to voice differing opinions, U.S. Campaign for Palestinian Rights Executive Director Ahmad Abuznaid said. The group is afraid their activists are being labeled as antisemitic while protesting the conflict. “The administration should refrain from allowing for certain adjectives like that to be levied at Palestinian students,” he said, “and they should make sure it’s a safe environment for Palestinians to organize and speak up.”
Play videoTextBlockModalTitle × Your browser does not support the video tag. With the national group Students for Justice in Palestine calling for a “national day of resistance” across campuses on October 12 and student groups at Harvard and NYU publishing statements siding with Hamas terrorists, attend our webinar to hear Brandeis Center legal experts discuss the obligations college administrators have to keep Jewish students safe. Register at: bit.ly/LDB-webinar.
The Biden administration declared that eight federal agencies will use Title VI of the Civil Rights Act of 1964 to combat anti-Semitism and other forms of ethnic or ancestral discrimination – a policy known as the “Marcus Doctrine” since LDB Chairman Kenneth L. Marcus established it at the U.S. Department of Education nearly 20 years ago. A coalition led by the Brandeis Center filed suit this month alleging that a California school district flouted open meeting rules in order to secretly pass ethnic studies courses containing anti-Semitic content. LDB sent the University of Pennsylvania’s president a letter ahead of an anti-Semitism-fueled campus festival, notifying her of Penn’s legal obligation to prevent harassment and discrimination of Jewish and Israeli students. And U.S. Representative Debbie Wasserman Schultz headlined the Brandeis Center’s first Capitol Hill policy briefing, serving as honorary host. LDB Commends Pres. Biden for Embracing ‘Marcus Doctrine’ Across Eight Executive Agencies The White House announced last week it would use Title VI of the Civil Rights Act of 1964 across eight additional federal agencies to combat anti-Semitism. The U.S. Depts. of Agriculture, Health and Human Services, Housing and Urban Development, Interior, Labor, Treasury, and Transportation will join the U.S. Depts. of Justice and Education in applying policy established by Brandeis Center Founder and Chairman Kenneth L. Marcus in 2004 – known as the “Marcus Doctrine.” Marcus released a statement in response to the historic news. An excerpt is reprinted below. Read the full version here. “We are elated by this morning’s Biden White House announcement that eight federal agencies would acknowledge that Title VI of the Civil Rights Act of 1964 protects Jewish Americans, as well as other ethno-religious groups, from certain ethnic or ancestral discrimination… Nevertheless, it is only a partial victory, even if it is deeply satisfying. “But there’s a problem….It’s one thing for the government to commit to addressing anti-Semitism and another for it to identify anti-Semitism properly….It has always been critical that this policy be coupled with a proper, uniform definition of anti-Semitism. In our times, that definition is the IHRA Working Definition. “The Executive Order on Combating Anti-Semitism wisely provided explicitly for IHRA’s use, subsequent Education Department guidance has also done so, and the Biden State Department has just reiterated its commitment to IHRA in Ambassador Lipstadt’s new report. It is crucial that the domestic agencies do so as well.” LDB-led Jewish Group Coalition Sues CA School District for Hiding Anti-Semitic Content from the Public The Brandeis Center, ADL, AJC, and Potomac Law Group, with the help of StandWithUs, acting as consultant, filed suit against the Board of the Santa Ana Unified School District (SAUSD), on behalf of the Brandeis Center and its membership arm, So-CUE (Southern Californians for Unbiased Education). The lawsuit alleges that the Board violated California’s open meetings law and asks the Court to void the actions taken by the Board, including its approval of anti-Semitic ethnic studies curricula. “We want the open meeting rules followed, so that the public is made aware of the content of these courses, as the law requires, and has a full opportunity to raise objections,” Brandeis Center General Counsel L. Rachel Lerman told Jewish Insider. “These courses are supposed to be vetted publicly, not pushed through under the radar. That is what our open meeting laws are all about.” “We’ve known for some time that there was a desire to go under the radar with the [subcommittee hearings],” she told eJewish Philanthropy. People designing these courses know that the Jewish community is not going to be happy about being the minority group thrown under the bus.” LDB Urges U. Penn to Unequivocally Support Jewish Students Ahead of Anti-Semitic Festival Ahead of a campus festival at the University of Pennsylvania (“UPenn”) featuring a number of anti-Semitic speakers and events, the Brandeis Center sent UPenn President M. Elizabeth Magill an 18-page letter emphasizing Penn’s legal obligation to protect Jewish and Israel students from anti-Semitic harassment and discrimination. “When it comes to anti-Semitism, Penn appears to apply a double standard. Jewish and Israeli students are entitled to the same protections as other groups,” the Brandeis Center explained in a letter signed by Chairman Kenneth L. Marcus, President Alyza D. Lewin, General Counsel L. Rachel Lerman and Staff Attorney Deena Margolies. “The University must treat anti-Semitism just as it treats hate speech against other minority groups.” LDB’s letter received media coverage from Jewish Insider, Delaware Valley Journal, Jewish Journal, Washington Free Beacon, JNS and Algemeiner. LDB accused Penn’s administration of shirking its legal responsibilities by failing to address the festival’s anti-Semitic content, sponsoring, and providing funding for the event. “By tacitly condoning the inflammatory and false narratives about Israel and the denial of the Jews’ ancestral connection to the land of Israel — themes that speakers at this weekend’s festival repeatedly espouse,” the letter explains, “Penn is allowing the festival to create a hostile environment for Jewish students on its campus at a time when, even the university has acknowledged, antisemitic harassment, vandalism and assault are rising on college campuses.” U.S. Rep. Debbie Wasserman Schultz Addresses LDB’s First Capitol Hill Policy Briefing U.S. Representative Debbie Wasserman Schultz served as honorary host for the Brandeis Center’s first Capitol Hill Policy Event: “Briefing on Anti-Semitism in America on College Campuses and in the Workplace.” The Congresswoman expressed appreciation for LDB’s efforts to use U.S. civil rights law to protect Jewish students and employees from harassment and discrimination. Dozens of Congressional staffers attended to hear Brandeis Center Chairman Kenneth L. Marcus and Director of Corporate Initiatives Rory Lancman discuss the challenges of anti-Semitism on college campuses and in the workplace and the legal avenues used to combat civil rights violations. The policy briefing also provided attendees with educational resources. Marcus explained the history of campus anti-Semitism, highlighting LDB’s “four pillars,” and gave overviews of Executive Order 13899 on Combating Antisemitism and the IHRA working definition of antisemitism. Lancman described resources available to employees facing religion-based discrimination in the workplace, noting the U.S. Supreme Court recently published a unanimous decision on accommodating the religious needs of employees. He also detailed LDB’s efforts to include anti-Semitism education within employers’ Diversity Equity and Inclusion (DEI) programs. The event was produced by LDB Directory of Policy Education Emma Enig. “Capitol Hill staffers on both sides of the aisle have shown a real willingness to learn about anti-Semitism – the historical, pervasive nature of it and modern-day manifestations.” Enig stated. “They understand that Jew-hatred is growing at an alarming rate in our country and are eager to help their Jewish constituents.” Alyza D. Lewin Contextualizes U.S. National Anti-Semitism Strategy for AEN Audience Brandeis Center President Alyza D. Lewin parsed the good, the bad, and the to-be-determined inside the recently released U.S. National Strategy to Counter Antisemitism — in a webinar hosted by the Academic Engagement Network.AEN organized a webinar about the U.S. National Strategy to Counter Antisemitism, which was released earlier this year. Five distinguished faculty members and organizational leaders shared their perspectives on the national strategy, and discussed the ways in which it intersects with and may impact the work they do on campus and within the academy. President Lewin and other expert organizational leaders and faculty members discussed the ways in which it intersects with and may impact the work they do on campus. White House Domestic Policy Advisor Comments on Brandeis Center’s Milestone UVM Agreement On a September 14 call with hundreds of rabbis, White House Domestic Policy Advisor Neera Tanden commented on the Brandeis Center’s milestone Resolution Agreement with the University of Vermont, in which the Biden administration applied Title VI of the Civil Rights Act to anti-Zionist discrimination for the first time. Tanden, who is the administration official responsible for overseeing the implementation of the newly-released U.S. National Strategy to Counter antisemitism, observed that: “Obviously, there’s been a rising concern on campus on anti-Semitism, and the strategy really propels action on the part of the part of the [Dept. of Education] and the Office of Civil Rights to really be aggressive in addressing antisemitism as we look at and investigate other issues of discrimination,” said Tanden, who pointed to the settlement the Department of Education reached with the University of Vermont — based on a Brandeis Center legal complaint — in April that said the university had not adequately responded to anti-Semitism on its campus. The Brandeis Center complaint described anti-Zionist harassment at UVM including two student clubs that excluded Zionists and a teaching assistant who repeatedly harassed Zionists online. In its Resolution Agreement, the Department of Education required UVM to modify its policies and training to address this form of anti-Semitism which it treated as national origin discrimination based on shared ancestry. JTA Highlights Brandeis Center Leadership Role in Combating Campus Anti-Semitism In a broad feature on the state of pan-university campus anti-Semitism, Jewish Telegraphic Agency referenced the Brandeis Center’s leadership in holding campus administrators accountable to prevent anti-Semitic harassment and discrimination: “Legal organizations like the Brandeis Center have filed numerous complaints with the U.S. Department of Education alleging that universities’ failure to properly curb anti-Israel activity on campus amounts to a violation of Jewish students’ civil rights; some of these cases have resulted in federal investigations and even settlements with the schools.” Alyza D. Lewin Shares Experience and Insights Fighting Anti-Semitism with JBS Brandeis Center President Alyza D. Lewin sat with the Jewish Broadcasting Service for a wide-ranging interview discussing Elon Musk’s recent threat to sue the Anti-Defamation League and her extensive experience and perspective combating anti-Semitism online and off: “There’s no doubt…that the anti-Semitic rhetoric in general on all of social media and online is spreading faster than ever before. It’s one of the reasons why…we do see anti-Semitism on the rise,” stated Lewin. “What we do at the Brandeis Center is…train law school students…to be effective in combating the anti-Semitism we see today. Regarding Musk, Lewin mused: “If Elon Musk were to bring this lawsuit, could [it] actually serve as a real educational opportunity for society…to really learn what anti-Semitism is and what…traditional anti-Semitic tropes sound like – or would it be a risk that our society is so far gone that if [it hears] these anti-Semitic tropes, [it’ll] buy into it?” Brandeis Center Hires Civil Rights Legal Fellow Alexandra Rindenow LDB is pleased to announce the appointment of Alexandra Rindenow as the organization’s newest Civil Rights Legal Fellow. Ms. Rindenow, a graduate of the Benjamin N. Cardozo School of Law, will assist with legal and policy matters. “The demand for Brandeis Center services is at an all-time high…. Adding Alexandra and other new lawyers to our staff allows the Brandeis Center to do more of what it does best – advance the civil and human rights of the Jewish people and promote justice for all,” remarked Brandeis Center Chairman Kenneth L. Marcus. . “As the former Vice President of Cardozo’s LDB law student chapter….[Rindenow’s] knowledge that American civil rights law protects Jews on the basis of shared ancestral and ethnic heritage will enhance the Brandeis Center’s capacity to ensure that our campuses, workplaces and public arenas remain safe and welcoming spaces for all members of our society,” stated Brandeis Center President Alyza D. Lewin. Welcome Brandeis Center Fall Clerks and Interns Incoming fall 2023 LDB intern Ananya Narayanan (American Univ, ’26) authored a blog post introducing herself and her fellow LDB clerks and interns: Eliott Dosetareh (Cardozo Law, ’24), Annabelle Enig (Emory Univ, ’25), and returning intern Bryn Schneider (American Univ, ’25). The Brandeis Center welcomes this group of clerks, who assist LDB attorneys with legal work, and interns, who work on LDB communications and policy projects. Students interested in Spring and Summer internship, clerkship, and fellowship opportunities are encouraged to apply here. The Brandeis Center is Hiring The Brandeis Center is hiring for the full-time position of Litigation Counsel. We are looking for an attorney with 3-5 years of civil litigation experience who can handle all aspects of litigation in federal court as well as before federal and state administrative agencies. Litigation Counsel will join the Brandeis Center’s legal team in its efforts to combat anti-Semitism and anti-Zionism on campus, in the corporate arena, and beyond. If you meet the qualifications and are passionate about our mission to advance the civil and human rights of the Jewish people and promote justice for all, we want to hear from you. Visit our website for the full job description and requirements. To apply or for inquiries, email info@steadfast.us.