Authored by Gil Troy and published by Jewish Journal on 11/10/22.

.

These were among the 2,717 incidents of assault, harassment and vandalism directed against American Jews in 2021. America’s small Jewish community endures nearly two-thirds of all anti-religious hate crimes annually. Few criminals who have attacked visibly Orthodox Jews in Brooklyn have been imprisoned.

.

Last year, at University of Illinois-Urbana Champaign, a pro-Palestinian student threw a rock at Jews standing by Hillel, the Jewish students’ organization. At the University of Oregon Hillel, vandals left an illiterate, hate-filled, message: “Free Palestina You genocidal rasist f…ks.” At an unnamed college, one student tried blocking a Jewish student from her friend’s dormitory unless she said “Free Palestine.” 

.

These were among the 2,717 incidents of assault, harassment and vandalism directed against American Jews in 2021. America’s small Jewish community endures nearly two-thirds of all anti-religious hate crimes annually. Few criminals who have attacked visibly Orthodox Jews in Brooklyn have been imprisoned. Paul Pelosi’s hammer-wielding attacker spread antisemitic conspiracy theories. And on November 3, the FBI issued a rare warning against New Jersey synagogues being targeted.

.

In this age of outrage, the once-clear distinction between the left-leaning Jew-hatred of the salon and the right-leaning Jew-hatred of the street may be breaking down. The Jew-hatred of the salon is now increasingly violent while the Jew-hatred of the street is now increasingly ideological, “justified” by theorists of white supremacy or black power. But regardless of the source or the forms of expression, the target remains the same: Jews, individually or collectively — making it imperative to reject all manifestations of this Jew-hatred of the sewer.

.

Beware: The broad-based repudiation of Ye, the bigot formerly known as Kanye West, is well-deserved, most welcome, but misleading. Like the cliched “Not Dead Yet” surprise in Halloween horror movies, Jew-hatred is nowhere close to being vanquished, even though West lost friends, fans, endorsement deals, and his billionaire status. In fact, all the virtue-signaling around the Kanye West and Kyrie Irving denunciations risks distracting Jews and non-Jews from the spread of more insidious and violent expressions of Jew-hatred.

.

While the Twitter-verse and corporate America denounced Ye, as headlines screamed and essayists agonized, American society overlooked what the Odessa-born Zionist thinker Ze’ev Jabotinsky called the more entrenched “anti-Semitism of things.” Most of the street bullies who have attacked black-hatted Jews in Brooklyn roam free, emboldened by the prosecutorial “discretion” soft-pedalling their crimes. The new Republican hyper-partisans refuse to condemn any of their fellow Republicans who rub elbows with Jew-haters or dog-whistle against Jews. And last month, as Ye’s tweet-tantrum cascaded, the Anti-Defamation League (ADL) released a sobering analysis detailing 359 acts of abusive campus Jew-hatred last year, which the media and most universities ignored.

.

There is no stupider debate in the American Jewish community today than the one asking “which is worse, right-wing Jew-hatred or left-wing Jew-hatred?” It’s like debating whether you would rather be run over by a truck or killed by poison. All forms of Jew-hatred are unacceptable, even when our political allies perpetuate it. Jewish conservatives waste their breath railing against university Jew-hatred, just like Jewish liberals waste their breath railing against MAGA bigots. And we all delight our enemies by fighting one another rather than uniting against them. It is increasingly obvious that in an increasingly polarized America, Jewish Trumpians have to call out right-wing Jew-hatred, while Jewish Progressives have to call out left-wing Jew-hatred.

.

It’s an old story. Beyond being, in the words of the late historian Robert Wistrich, “the longest hatred,” Jew-hatred is also the most plastic hatred: moldable, adaptable, artificial and occasionally toxic. Over the millennia, antisemites have attacked Jews for fitting in and standing out, as too capitalist and too Marxist, too universalistic and too nationalistic, too deferential and too aggressive. Some blame Jews for all that is wrong with society; others blame Jews for all that society believes is wrong with the world. Today, the children of Abraham and Sarah perform an important service for a divided America: the far right and left share at least one nemesis — Jews.

.

That both are equally contemptible doesn’t mean that right-wing and left-wing Jew-hatred are the same. Right-wing Jew-hatred is the antisemitism of the street. It’s usually more thuggish, more violent, more brazen. It most targets the Jewish body, and rarely disturbs the Jewish soul because it’s so extreme, so cartoonish, so intellectually disreputable. True, extremists from Louis Farrakhan to the leading white nationalists try to give their particular forms of Jew-hatred some rationale, but the claims are so outlandish as to be laughable. 

.

This kind of goonish Jew-hatred requires very few paragraphs to dismiss. And it’s the kind of Jew-hatred easiest for most Jews and most decent Americans to denounce. It’s the traditional, made-in-Europe, currently most-popular-in-many-Muslim-circles variety, caricaturing Jews as big-nosed, greedy, powerful, power-hungry, and endlessly responsible for whatever is going wrong at the moment. Unfortunately, the rise of social media has brought this kind of bile from the sewer to a server, and then into too many minds via too many screens. 

.

Especially since the Holocaust, and in an overwhelmingly-liberal American Jewish community, this is the Jew-hatred most American Jews love to hate.

.

Today’s Jew-hatred of the salon, however, lurks under the radar — or behind a mask of social justice talk. It’s far more subtle, insidious and disturbing because it comes with mortar boards, tweed jackets and hipster tattoos. And it launches a series of guided missiles aimed at the Jewish soul, making too many of us feel guilty for being attacked and too many others feel  ashamed of our identity or our homeland. That’s why the silence that greeted the ADL analysis amid the Kanye West shout-storm is so disturbing. The report, “Anti-Israel Activism on U.S. Campuses, 2021-2022,” catalogued nearly 400 moments on American campuses, in one academic year alone, when criticism of Israel crossed the line into aggressive and intimidating Jew-hatred. The always-cautious ADL did not assess the thousands of professorial sneers, pseudo-scholarly tweets and student snubs against Israel and against Zionist students that feed the lynch-mob atmosphere on too many campuses. Instead, ADL researchers emphasized harassment, from physical bullying to verbal browbeating, that often started with disdain for Israel but ended by targeting that oldest, most adaptable and useful scapegoat, the Jew.

.

These attackers reject Israel for what it is, not what it does — often blaming every Jew for Israel’s existence.  “Our goal is not to document or quantify routine criticism of Israel’s actions or policies,” the ADL authors explained, “but to provide a snapshot of a more radical activist movement which places opposition to Israel and/or Zionism as core elements of campus life or as a prerequisite for full acceptance in the campus community.”

.

It’s stunning. If Catholic students on dozens of universities across America found themselves cancelled and sometimes physically threatened by pro-choice activists because the Vatican remains anti-abortion, wouldn’t there be an outcry? What if African-Americans were targeted because of some African dictator? Wouldn’t college presidents, alumni, donors, parents, professors and students rally to their side? Wouldn’t inter-university task forces be established, responding to indignant editorials nationwide? And wouldn’t fighting such hatred become a top priority for all these new Diversity, Inclusivity and Equity administrators draining money from traditional university activities like teaching?

.

Instead, worse than silence, there is often annoyance. On campuses hypersensitive to micro-aggressions, Jews are expected to swallow macro-aggressions. In a universe privileging certain victims’ “lived experiences,” Jewish victims are gaslighted, told their supposed “white privilege” means any harassment cannot be harassment. Jews are bombarded with justifications for this obsessive assault on the world’s only Jewish democracy. Even victims of violence have been assured that their assailants were not anti-Jewish, “merely” anti-Israel.

.

The problem, alas, is not new enough to attract headlines. It is just more widespread, worming its way into the woodwork of university life. This new Jew-hatred risks becoming as standard on many campuses as grade inflation, binge drinking, carefully-sifted recycling and woke posturing. The report, “Anti-Israel Activism on U.S. Campuses, 2021-2022,” commendably focuses on just the facts. It catalogues the rocks thrown, insults launched, lies spread, abuse endured, and violence against Israel and Jews advocated.  

.

It’s worth exploring how Jew-stalking became a campus craze.

.

Clearly, as universities have become more fanatically progressive, anti-Zionism has progressed from the margins of campus life to its center. The turn from truth-seeking to virtue-signaling, from transcending victimhood to wallowing in it, and from cultivating independent individual expression to imprisoning people in particular identities, followed its Marxist logic. Once various “out” groups are designated as the “oppressed” destined to become the new “in” groups, they seek new “out” groups to ostracize as “oppressors.” As always, finding a common enemy is the best way to impose groupthink on your own followers.

.

In the 1970s, the Palestinian scholar Edward Said attacked “Orientalism,” scholars’ supposedly “crude, essentialized caricatures of the Islamic world.” Such cultural imperialism, he argued, exposed the “Orientalists’” prejudices. Today, the illiberal liberalism and unscholarly scholarship spreading crude, essentialized caricatures of Israel, Judaism, and Zionism could be called “DisOrientalism.” DisOrientalism misreads Israel through a partisan Western prism, in a true act of cultural imperialism. Forgetting that Judaism and the Jewish people never fit easily into neat modern categories of “religion” and “nation,” DisOrientalists treat Judaism and Zionism as Western transplants lacking authentic Middle Eastern roots.

.

These Bash-Israel-Firsters then dismiss the Jewish national liberation movement, Zionism, as “settler colonialism,” negating Jews’ 3,500-year-old ties to the land of Israel. They call little, multicultural, polychromatic Israel racist and imperialist, although Israel has no empire and is fighting a national battle with Palestinians, not a skin-based color war. And they accuse pro-Israel Jews of promulgating “Jewish supremacy,” a term wrenched from the Nazi handbook for demonizing Jews.

.

Many anti-Zionists also appear disoriented — supporting feminism and gay rights everywhere, yet overlooking Palestinian society’s rampant sexism and homophobia. They champion democracy and dissent worldwide, yet excuse the autocracy and oppression committed by the Palestinian Authority and Hamas in Gaza. They claim to pursue peace everywhere, yet endorse Palestinian terrorism anywhere.

.

With these distortions mainstreamed, no wonder so many professors who could make anything sound complicated, oversimplify about Israel. Better to trash Israel blindly than analyze the Middle East subtly. Better to sling slogans than risk ostracism. Many students then parrot the distorted Israel critique, romanticizing the Palestinians, following the trend. Since Communism collapsed, pro-Palestinianism has become the ultimate left-wing virtue-signal, qualifying anyone for membership in an anti-Western woke world. Said charged that Orientalism affirmed European identity; DisOrientalism affirms modern Progressive identity in its most illiberal forms.

.

This anti-Israel mania reflects the deeper rot of American universities. Our society spends billions, alumni contribute millions, and parents bankrupt themselves subsidizing centers of education that are degenerating into propaganda factories. Every semester, thousands of professors, especially in the humanities and social sciences, commit educational malpractice brazenly, intentionally, by hijacking their lecture podiums and transforming them into political platforms. The essential professorial mission has changed, especially in the social sciences and humanities. Many enter academia to mobilize legions of social justice warriors, not nurture critical thinkers. Echoing the anti-Israel orthodoxy, they project every Western flaw onto Israel.

.

Having cast the Jewish state as “the Jew” of the world, deemed to be the source of so much evil, the haters naturally spill over into hating the Jews in today’s world. Given Zionism’s centrality to modern Jewish identity, all Jews are found automatically guilty, coconspirators in Israel’s alleged crimes — unless they make loud, flamboyant declarations of anti-Zionism.

.

That’s why The Jewish Journal’s report of nine Berkeley Law School student groups banning Zionists from speaking about any topic is so disturbing. It takes cancel culture to an extreme and essentially asks Jews and only Jews for loyalty oaths affirming they are not Zionists, God forbid!

.

This trend of demonizing Jews, and accusing little democratic Israel, whatever its shortcomings, of committing every major Western sin, from imperialism and settler colonialism to racism and white supremacy, rings Jews’ atavistic alarm bells.

.

In the late-1800s, years before he helped launch the modern Zionist movement, Theodor Herzl noticed how scholarly Jew-haters updated and prettified their ancient scourge. Herzl was particularly dismayed that Eugen Dühring’s 1881 screed “Die Judenfrage als Racen, Sitten und Kulturfrage” (“The Jewish Question as a Racial, Moral, and Cultural Question”) was “unfortunately so well-written, not at all as if base envy had guided the poison pen of personal revenge.

.

“When such infamous nonsense is presented in so straightforward a manner,” Herzl wrote, “when so well-schooled and penetrating a mind, enriched by scholarly and truly encyclopedic knowledge … can write this sort of stuff — what then can one expect from the illiterate mob?” Watching this elegant, well-educated, academic Jew-hater replace medieval Christian blood libels with new, pseudoscientific, race-based hierarchies, Herzl sighed: “He has kept pace with the times. He knows that one can no longer dish up these stupid old lies that have led to so much bloodshed, and so he thinks up more plausible new ones.”

.

The problem is daunting. Ending academic malpractice in the universities will take decades, while Jew-hatred has been mutating for centuries. But no solutions will ever emerge without first recognizing that there is a problem.

.

Without stifling debates about Israel’s rights and wrongs, it’s time to put this new Jew-hatred on every college leader’s agenda. Ultimately, it is a consumer protection issue: Last spring, the Louis D. Brandeis Center for Human Rights Law found that 65 percent of students who feel proudly Jewish and committed to Israel report feeling unsafe on campus, while 50 percent felt compelled to play down their Jewish identities. That is far too many students left feeling uncomfortable, singled-out, battle-fatigued, with some, as the ADL report details, bullied and traumatized. If campuses are “safe spaces” for all students, they must be welcoming to Jews too. 

.

We also know that this academic Jew-hatred is particularly unsettling for American Jews because American Jews worship academia more than perhaps any other American institution. More than in most households, the typical American Jewish childhood revolves around college-worship. Jewish high schoolers are constantly asked by every significant adult in their lives “Where are you going to go to school?” until they are asked “Where did you get in?” until they are asked “What are you studying?” With all that pressure to get in and do well, it is no wonder that many American Jewish students not only choose to overlook the Jew-hatred but internalize it, excuse it, and sometimes help peddle it.

.

Hate breeds hate. Like all thought-viruses, Jew-hatred fuels other bigotries and respects no boundaries. Progressive antisemitism may begin with Zionophobia, disdaining Israel as too conservative; right-wing antisemitism may begin with Judaeophobia, disdaining Jews as too liberal. But, feasting on millennia of the same misanthropy, the same lies, they meet in exaggerations about Jewish money, power and evil.

.

These prejudices must be fought simultaneously, with partisans cleaning their own camps. Limiting your battleplan to confronting only right-wing Jew-hatred or left-wing Jew-hatred is as futile as fighting pollution over Beverly Hills and not Beverlywood. 

.

Moreover, while rooting out the rot, refusing to settle for cheap, symbolic victories, we also have to fight the growing despair. America still is different. Unlike in Medieval Christian Europe or today’s Muslim world, most incidents of Jew-hatred in America have happy endings — with broad condemnations from neighbors, co-workers, celebrities, politicians and thought-leaders. I still lead students in singing “There are no cats in America,” along with Fievel Mouskewitz from “An American Tail.” We still need to define America by its majority of decent-people rather than its shrill minority of haters.

.

But the haters are both ever-louder and ever-more subtle. Without a united, multi-pronged front, glued together by zero-tolerance for the Jew-hatred of the street and the salon, this Jew-hatred of the sewer will get more toxic, will spill over more broadly, and become harder to combat.

Brandeis Center Founder and Chairman Kenneth L. Marcus has agreed to review anti-bias programs and curricular materials from the Anti-Defamation League, as recently reported by eJewish Philanthropy.

.

Marcus will independently review ADL’s anti-bias and bullying-prevention materials, as will diversity consultant Carol Fulp, Common Ground USA Executive Director Nealin Parker, and psychology scholar and academic freedom advocate Pamela Paresky. The four experts will work separately – not as part of a panel, as reported by eJewish Philanthropy.

.

“It takes courage and character to reach out like this, admitting that you could use the assistance of sister organizations” in the Jewish world, Marcus told eJewish Philanthropy. “I don’t go into the program with preconceptions. ADL’s programs are both widely used and influential, so it’s important that they be well-crafted, bias-free and generally excellent.”

Recently, four North American jurisdictions have adopted the International Holocaust Remembrance Alliance (IHRA) working definition of anti-Semitism, joining a growing number of governments and non-governmental organizations that are embracing this approach.

.

On Tuesday, November 1, both the Montgomery County Council in Maryland and the Los Angeles City Council in California adopted the IHRA Working Definition of anti-Semitism. In Montgomery County, the process had been delayed for several months, with many in the community expressing concerns over whether the definition inhibits freedom of speech. Despite this, the resolution passed, with the county condemning and denouncing anti-Semitism “in all its manifestations.”

.

And in October, the Canadian provinces of New Brunswick and Manitoba announced they had adopted the IHRA Definition.

.

In Los Angeles County, the resolution was introduced by City Councilmember Paul Koretz, who cited recent increases in hate crimes statewide as the reason for why the resolution was necessary. It called for “city departments, staff, elected and appointed officials, and contract agencies to familiarize themselves with the IHRA definition of antisemitism, associated IHRA reference materials, examples, and articles, and incorporate their use where appropriate.”

.

The IHRA definition has become the leading definition of anti-Semitism worldwide – and the only one that commands widespread governmental and community support on multiple continents. It includes specific examples and guidance for fighting anti-Semitism. The definition makes clear what anti-Semitism looks like, and as a result makes it harder for such acts to go unnoticed and unpunished. As a result, these counties now have a stronger basis to fight anti-Semitism and protect their Jewish communities.

.

They join over 40 countries in endorsing/adopting the definition.

.

To learn more about how to properly identify modern ant-Semitism, read our fact sheet on the topic.

The school garnered widespread attention when nine student groups announced they would not welcome pro-Israel speakers

Written by Marc Rod for Jewish Insider on 11/2/22.

.

U.S. Rep. Josh Gottheimer’s call for the Department of Education to investigate Berkeley Law School for potential violations of Title VI of the Civil Rights Act was precipitated by the Sept. 28 op-ed by Brandeis Center Founder and Chairman Kenneth L. Marcus: ‘Berkeley Develops Jewish-Free Zones.’

.

Congressional pressure is emerging for action against student groups at the University of California, Berkeley Law School that voted in August to adopt bylaws barring pro-Israel speakers.

.

Rep. Josh Gottheimer (D-NJ) is urging the Department of Education to investigate the school for potential violations of Title VI of the Civil Rights Act, following a statement on the issue from Rep. Brad Sherman (D-CA) on Monday.

.

The move by the nine student groups at UC Berkeley’s School of Law attracted condemnation from some Jewish organizations, with Louis D. Brandeis Center founder Ken Marcus saying the decision amounted to the groups developing “Jewish-Free Zones.” The school’s dean, Erwin Chemerinsky, disputed that characterization while denouncing the policies, arguing that the issue was a First Amendment dispute.

.

A letter sent by Gottheimer to Secretary of Education Miguel Cardona and obtained by Jewish Insider said that while the individual students have First Amendment rights, groups chartered by a university that receive university funds or taxpayer dollars are barred from discriminating against students on the basis of protected characterisitics. A 2019 executive order, also referenced by Gottheimer, specified that antisemitic discrimination is barred under Title VI.

.

Gottheimer requested a report from the department on whether federal funding “is being used to further discrimination against Jewish and pro-Israel students, including through funding for campus organizations.”

.

“It is important to send a clear message that all students and community members, including those who are Jewish, will not be singled out, penalized, or made to feel unwelcome at UC Berkeley,” the New Jersey congressman wrote. “I respectfully ask you to report to Congress on whether and how federal taxpayer dollars are used to discriminate against Jewish and pro-Israel students at UC Berkeley.”

.

Gottheimer is the second congressional Democrat to speak out on the issue this week. Sherman represents a Los Angeles-area district, said in a lengthy statement on Monday that he was “outraged and disappointed” by the move, adding that “for too long, we have given antisemitism a pass when its proponents label it as anti-Zionism.” He urged UC Berkeley to pull the clubs’ funding and registration unless they repealed the anti-Israel bylaws.

This fact sheet explains the key principles of international humanitarian law (IHL); the particular challenges of applying international law to urban warfare; examples of ways Hamas violates fundamental IHL principles, such as targeting civilians and using civilians as human shields; and examples of policies Israel has implemented to comply with IHL.

This month, Brandeis Center Chairman Kenneth L. Marcus illuminated contemporary campus anti-Semitism for a global audience with his op-ed, ‘Berkeley Develops Jewish-Free Zones.’ The piece quickly went viral, was widely circulated – and instigated public responses from university officials. At the same time, the federal investigation of a Brandeis Center complaint about anti-Semitism at the University of Vermont continued generating media coverage. And we welcome our new, talented crop of autumn law clerks and interns.

 


 

Marcus Op-Ed about Berkeley Goes Viral and Generates Public Response from Berkeley Officials

Chairman Marcus’s op-ed describing “Jew free zones” at Berkeley’s School of Law went viral this month, shared on social media by sources as diverse as Barbra Streisand, CNN’s Jake Tapper and Sen. Ted Cruz.

It also prompted repeated but unsatisfactory public responses from Berkeley Law’s dean and two Berkeley professors. Marcus swiftly answered these rebuttals – going several public rounds in multiple publications and ensuring that the pressure continued mounting on Berkeley.

“While I am pleased to see that Dean Chemerinsky has written a letter, it would be better to see him take action,” wrote Marcus in the Jewish Journal.

Chairman Marcus also kept the spotlight on Berkeley by appearing in broadcast segments and publishing additional op-eds and interviews amplifying his message about Berkeley’s discriminatory exclusion of Jews from campus life.

Kenneth L. Marcus Discusses Campus Anti-Semitism at Berkeley Law and beyond on Fox & Friends (10/1/2022)

 


 

Berkeley Campaign Joined by Students, Student Groups and National Organizations

The campaign to expose and eliminate anti-Semitism at Berkeley was publicly joined by brave law and undergraduate students, more than 150 student groups nationwide, and dozens of Jewish American community organizations.

At a public event broadcast nationwide, Jewish students at Berkeley shared their concerns about the adoption by nine Berkeley law student organizations of bylaws banning Zionist speakers. In an op-ed for the Daily Beast, a group of Berkeley Law students confirmed they are excluded in many areas on campus. And more than 150 student groups nationwide condemned anti-Semitism at Berkeley in a letter calling on the student organizations to “immediately extirpate this bylaw from [their] governing documents.”

Dozens of Jewish American, civil rights, and pro-Israel groups, including the Brandeis Center, signed a joint statement decrying the recent events: “We…call upon Berkeley Law to immediately take all lawful and necessary steps to ensure that none of its student organizations is permitted to discriminate against Jews based on any aspect of their Jewish identity, including their Zionism. As a first step, the nine student organizations should rescind the new, discriminatory provisions from their bylaws or face appropriate sanctions for their failure to do so.”

 


 

New Op-Eds Keep University of Vermont Investigation in the Spotlight

In his VT Digger opinion piece, ‘UVM’s president is making a bad problem worse,’ Chairman Marcus described UVM’s response to the Education Department’s investigation of a Brandeis Center anti-Semitism complaint as “a master class on how not to address civil rights violations.” Marcus highlighted how UVM’s victim-blaming tirade succeeded only in uniting the Jewish community against the president’s leadership, referencing the remarkable joint statement issued in September by over a dozen Jewish organizations, including the Brandeis Center, condemning UVM’s denial.

The joint statement proclaimed: “We…are alarmed, disappointed and troubled by the response issued…by the President of the University of Vermont to the Title VI complaint filed…by the Louis D. Brandeis Center for Human Rights Under Law….The university has denied support to a targeted community, and, in suggesting that Jewish students need to learn how to better protect themselves, has essentially chosen to blame the victims….It is time for UVM to frankly acknowledge the serious concerns that have been raised and take concrete steps to address them.”

And Boston Herald columnist Jeff Robbins cogently argued in an important new article: “Based on what we know so far, UVM could stand some disinfecting, by one means or another.”


 

Alyza D. Lewin Explains Contemporary Anti-Semitism in Hadassah Video Address

Brandeis Center President Alyza D. Lewin premiered a new video address at the Hadassah Shir Shalom chapter event “Antisemitism: On Our Campuses.”

In her remarks, President Lewin describes current examples of campus anti-Semitism and explains that it is impossible to support Jews while opposing Zionists – “Because Zionism is an integral part of Jewish identity….The Jews’ history, ancestry, theology and culture are all inextricably intertwined with the land of Israel.”

Hadassah’s Education and Advocacy Division plans to include Lewin’s video in other chapter events nationwide as part of a program to raise awareness and understanding of contemporary anti-Semitism.

 

Alyza D. Lewin Speaks to Hadassah about Campus-Antisemitism (10/2/2022)

 


 

Upcoming Events Featuring Brandeis Center Attorneys

Brandeis Center Chairman Kenneth L. Marcus will speak at a DePaul University College of Law, Center for Jewish Law & Judaic Studies conference on November 3: ‘Antisemitic Influences in DEI Programs – Can They Be Corrected?’ Attendees will have the opportunity to earn up to three units of General Illinois Continuing Education Credit. Registration is open.

The program examines whether bias in Diversity Equity and Inclusion (DEI) personnel, programs and teachings whitewash Jewish identity, deny the authentic Jewish experience and falsely depict all Jews as privileged and white. Other guest speakers include Brandeis Center client Ronald C. Albucher, M.D., a Clinical Associate Professor at Stanford University Medical School – and a complainant in the Brandeis Center’s pending EEOC case against Stanford UniversitySuzanna Sherry, Professor of Law Emerita, Vanderbilt Law School; April Powers, Managing Director, First Impression Rx and conductor of diversity and inclusion strategy; Jason Bedrick, Director of Policy at the Tikvah Fund’s EdChoice and a research fellow in the Center for Education Policy at the Heritage Foundation.

Also on November 3, Brandeis Center Senior Counsel Arthur Traldi will present ‘Law and the Oldest Hatred’ on site at the University of Chicago Law School for its Diversity Scholars Series. The event is co-sponsored by the Dean of Students Office and the Jewish Law Students Association. Registration is open.

 


 

Brandeis Center Welcomes Fall Law Clerks and Undergraduate Interns

As the fall academic semester began, we welcomed a new and talented group of law clerks and undergraduate communications and development interns to aid our work at the Brandeis Center. Intern Bryn Schneider (American University, May 2025) introduced them in a new Brandeis Center blog post. Bryn also authored a blog post about Chairman Marcus’s recent Fox & Friends broadcast segment discussing anti-Semitism at Berkeley School of Law.

 

 

 


 

Donate to the Brandeis Center
The Louis D. Brandeis Center
1717 Pennsylvania Avenue, NW, Suite 1025, Washington, DC 20006
You can update your preferences or unsubscribe from this list.
The Louis D. Brandeis Center is a nonprofit organization supported by individuals, groups and foundations that share our concern about Jewish college students.  Contributions are tax-exempt under section 501(c)(3) of the Internal Revenue Code.  To support our efforts to combat campus anti-Semitism, please contact us at info@brandeiscenter.com
Twitter
Instagram
Facebook
Website
YouTube
Email

Written by Zvika Klein for the Jerusalem Post on 11/1/22.

.

CHICAGO – Morningstar, the multi-billion-dollar Chicago-based investment research firm has begun distancing itself from the BDS movement, according to an announcement during the General Assembly of the Jewish Federations of North America in Chicago on Monday.

.

In attendance at the assembly were The Jewish Federations of North America (JFNA), Anti-Defamation League (ADL), American Jewish Committee (AJC), JLens, the Foundation for Defense of Democracies and The Louis D. Brandeis Center for Human Rights Under Law, in coordination with the Conference of Presidents of Major American Jewish Organizations (COP), Hadassah the Women’s Zionist Organization, Jewish Funders Network (JFN), Combat Antisemitism Movement (CAM), Jewish United Fund of Metropolitan Chicago (JUF) and UJA-Federation of New York.

.

“We appreciate Morningstar’s engagement with our communities, as well as its leadership’s strong rejection of the Boycott, Divestment and Sanctions (BDS) campaign to discredit Israel,” JFNA president and CEO Eric Fingerhut said. “Anti-Israel bias is a pernicious problem and requires vigilance to combat. We will continue to work with Morningstar to ensure implementation of these important reforms and their effects on ratings.”

.

Fingerhut also personally thanked Morningstar executive chairman Joe Mansueto and CEO Kunal Kapoor for their engagement and goodwill.

.

Morningstar’s checkered past

.

JLens first identified Morningstar’s ties to BDS in April 2020, when the Chicago company announced it was acquiring full ownership of Amsterdam-based Sustainalytics, one of the main global firms offering Environmental, Social and Governance ratings, in an attempt to get a hold on the fast-growing and lucrative ESG market.

.

The acquisition prompted Jlens to share its longstanding concerns about Sustainalytics’ alleged bias against Israel with Morningstar, which ultimately ignored Jlens and closed the deal. A few months later, Jlens began a dialogue that ended in January 2021 with the pro-Israel investor network, placing Morningstar on its “Do Not Invest” list.

.

“Biased ESG ratings are a sign that the anti-Zionism and antisemitism that have grown up on the campus are increasingly having influence in the boardroom as well,” Kenneth L. Marcus, founder and chairman of the Louis D. Brandeis Center for Human Rights Under Law, said at Monday’s assembly.

.

“We’re pleased that Morningstar has been working with the Brandeis Center and our coalition to address these problems in their products,” he said. “Although today we are making only a first step, it is an important step, along a continuing path in which we look forward to helping Morningstar implement its anti-bias goals.”

.

“We are eager to see these changes yield bottom-line results in Morningstar’s ratings, watchlists and engagements relating to companies doing business in Israel,” echoed Elan S. Carr, a leader of the Combat Antisemitism Movement.

.

Morningstar’s projected changes

.

  • Barring the use of biased sources, such as the UN Human Rights Council and WhoProfits, from its reporting
  • Using geographic names (e.g., West Bank, east Jerusalem) in relevant regions, rather than “Occupied Palestinian Territory”
  • Ensuring that businesses operating in Israeli-Palestinian conflict areas or contributing to Israel’s defense against terrorism are not treated as de facto violators of human rights
  • Removing references to the BDS campaign
  • Providing ongoing anti-bias training to staff
  • Bringing in independent experts to ensure that ESG ratings do not single out and discriminate against Israel
.

Julie Hammerman, CEO of JLens, said on Monday, “We are pleased that issues JLens first raised with Morningstar in 2020 resulted in a coalition of Jewish groups working to remove anti-Israel bias from Morningstar’s ESG Research… bias and antisemitism have no place in ESG.”

.

Statements from assembly attendees

.

“This is an important step toward ensuring investors do not receive research tainted by politics and sources that have historically been hostile toward Israel,” AJC CEO Ted Deutch said. “We will continue to work with our partners in the Jewish community to ensure Morningstar is transparent when it implements reforms and lives up to its commitments.”

.

Scott A. Shay, a lay leader representing UJA-Federation of New York who was engaged on the issue, said, “ESG has become a major filter through which $17 trillion of US equities are screened.” Eric S. Goldstein, CEO of UJA-Federation of New York added that, “given the importance of ESG analysis to the investor community, we’re very thankful to Morningstar for agreeing to refine its research approach addressing concerns around anti-Israel bias.”

Written by Dion J. Pierre and published in the Algemeiner, 10/28/22

.

University of Vermont (UVM) president Suresh Garimella on Friday issued a statement strongly condemning antisemitism and pledging to hold those guilty of it “fully accountable.”

.

“I want my message to be clear to the entire campus community: antisemitism, in any form, will not be tolerated at UVM,” he said. “Conduct that targets and threatens Jewish individuals or groups, or that unreasonably interferes with their ability to participate in UVM programs and activities, is unacceptable and completely contradictory to our common ground values.”

.

Garimella’s message comes exactly six weeks after he denied allegations, detailed in a civil rights complaint filed by the Louis D. Brandeis Center for Human Rights Under Law and Jewish on Campus (JOC), that the university mishandled a litany of antisemitic incidents in which anti-Israel activists excluded Jewish students from campus activities and groups. The denial prompted a group of Jewish groups to issue a joint statement criticizing what they said was Garimella’s disregard for the concerns of the Jewish community about declining inclusiveness and safety on campus.

.

Garimella’s initial response to the allegations “blames the victims,” Brandeis Center president Alyza D. Lewin told The Algemeiner in September.

.

Vowing to assign the university’s diversity, equity, and inclusion (DEI) office to focus its resources on supporting Jewish students, he also said that antisemitism affects the entire campus community.

.

“Like all forms of discrimination and harassment, antisemitism is an affront to us all and leaves our entire community diminished,” he continued. “That is why our response to individual actions is only one aspect of our community’s efforts to resist and reject antisemitism. We must engage at the individual, group, community, and societal level to ensure the causes of such hate and bias as well as the effects are adequately addressed.”

.

In August, the US Department of Education’s Office for Civil Rights (OCR) opened a civil rights investigation into UVM based on the Brandeis Center’s and Jewish on Campus’ complaint, which alleged that the Hillel Center was vandalized and Jewish students who embrace Zionism were harassed by a teaching assistant and expelled from student clubs, including UVM Empowering Survivors, a sexual assault awareness group.

.

Hostility toward Jews, the groups said, became so severe that Jewish students concealed their identities and weighed leaving the university altogether. Ultimately, they continued, such exclusion denied them “equal access to educational opportunities and services,” violating Title VI of the Civil Rights Act of 1964.

.

Anti-Zionism is becoming one of the “core elements of collegiate life” in America, according to the Anti-Defamation League Center on Extremism’s annual report on anti-Israel activism on college campuses.

.

The report cited, for example, the graffitiing of anti-Israel propaganda on Hillel centers. Last December, University of Oregon’s Hillel office was vandalized and tagged with a message that said, “You genocidal rasist [sic] f***s.” In another incident at Michigan State University on September 10, 2021, someone graffitied “Israel Forget 2,977 Lives” on a 9/11 memorial, referencing a conspiracy theory blaming Jews for staging the terrorist attacks of that day.

.

The report highlighted the expulsion of Jewish students from campus groups, a discriminatory practice which is alleged to have occurred at University of Vermont.

Chicago (October 31, 2022) – At the General Assembly of the Jewish Federation of North America, the Brandeis Center’s Kenneth L. Marcus joined with coalition allies in praising Morningstar’s progress in addressing bias and repudiating BDS, while urging that “much more must be done…” The coalition’s join statement appears below.


.
After months of intensive discussions, we are pleased that Morningstar has made new commitments related to the assumptions and sources involved in its ESG (Environmental, Social, and Governance) ratings. We are hopeful these commitments will lead to important changes in Morningstar’s Sustainalytics company data and ratings in order to eliminate any singling out of or discrimination against Israel.
.
The groups engaged in these efforts included The Jewish Federations of North America, Anti-Defamation League, American Jewish Committee, JLens, the Foundation for Defense of Democracies, and The Louis D. Brandeis Center for Human Rights Under Law, in coordination with the Conference of Presidents of Major American Jewish Organizations, Hadassah the Women’s Zionist Organization, Jewish Funders Network, Combat Antisemitism Movement, Jewish United Fund of Metropolitan Chicago, and UJA-Federation of New York.
.
The work began thanks to JLens, which first identified these issues, followed by additional early work and mobilization by the Jewish United Fund of Metropolitan Chicago and the Foundation for Defense of Democracies.
.
“We appreciate Morningstar’s engagement with our communities, as well as its leadership’s strong rejection of the Boycott, Divest, and Sanctions (BDS) campaign to discredit Israel. Anti-Israel bias is a pernicious problem and requires vigilance to combat. We will continue to work with Morningstar to ensure implementation of these important reforms and their effects on ratings,” said Eric Fingerhut, President and CEO of the Jewish Federations of North America.
.
He thanked Morningstar Executive Chairman Joe Mansueto and CEO Kunal Kapoor for their engagement and goodwill.
.
As a result of the engagement, Morningstar has committed to:

.

  • barring the use of biased and unreliable sources from its reporting, such as the UN Human Rights Council and WhoProfits;
  • using geographic names (e.g., West Bank, East Jerusalem) in relevant regions, rather than terms such as “Occupied Palestinian Territory” or “occupied territory.”
  • Providing guidance to analysts ensuring that businesses operating in Israeli-Palestinian conflict areas or contributing to Israel’s defense against terrorism are not treated as de facto violators of human rights;
  • removing references to the BDS campaign;
  • providing ongoing anti-bias and antisemitism training to relevant staff;
  • bringing in independent experts to ensure ESG ratings do not single out and discriminate against Israel or hold it to a different standard than other countries;
  • reviewing and updating existing data and analysis to align with the commitments described above.

.

“We are pleased that Morningstar has made significant progress to date in resolving the many issues identified by the Jewish community and other stakeholders,” said Jonathan A. Greenblatt, CEO of the Anti-Defamation League (ADL). “Still, much remains to be done. We look forward to working with Morningstar and Sustainalytics to help with implementation and oversight of their blueprint for change.”
.
As with all agreements, the most important element will be implementation. We will continue to closely monitor the company’s progress in executing these commitments, particularly by expeditiously naming independent, trustworthy experts. We have also stressed to Morningstar that the ultimate measure of success will be how companies connected to Israel are rated, watchlisted and engaged.
.
“This is an important step toward ensuring investors do not receive research tainted by politics and sources that have historically been hostile toward Israel. We will continue to work with our partners in the Jewish community to ensure Morningstar is transparent when it implements reforms and lives up to its commitments,” said Ted Deutch, CEO of the American Jewish Committee.
.
We believe the framework announced today is strong and could serve as a model for other financial firms to ensure that anti-Israel bias does not infect their methodologies. We call on other firms to embrace openness and transparency to reassure the public that their financial advice is not politicized.
.
Julie Hammerman, CEO of JLens, said, “We are pleased that issues JLens first raised with Morningstar in 2020 resulted in a coalition of Jewish groups working to remove anti-Israel bias from Morningstar’s ESG Research. The ESG field should celebrate this move and recognize that bias and antisemitism have no place in ESG.”
.
“Biased ESG ratings are a sign that the anti-Zionism and anti-Semitism that have grown up on the campus are increasingly having influence in the boardroom as well. We’re pleased that Morningstar has been working with the Brandeis Center and our coalition to address these problems in their products. Although today we are making only a first step, it is an important step, along a continuing path in which we look forward to helping Morningstar implement its anti-bias goals. We are especially pleased that Morningstar is unambiguously repudiating the anti-Semitic movement to boycott, divest from, and sanction Israel (‘BDS’). Much more must be done, however, to ensure that bias is wrung out of the system,” said Kenneth L. Marcus, Founder and Chairman of the Louis D. Brandeis Center for Human Rights Under Law.
.
“We are thankful for the many hours Morningstar devoted to understanding the Jewish community’s concerns about Sustainalytics’ historic bias against Israel and our concerns about its ESG operation. We are hopeful that today’s announcement will result in more accurate financial data, as well as ending the use of BDS activists as sources. But we are also mindful that many Israel-connected companies had been negatively impacted by the assumptions and sources that have underpinned Sustainalytics’ ratings, watchlists and engagements to date, and are hopeful these ratings and statuses be modified to reflect today’s announcement. The BDS campaign is a discriminatory pernicious effort to delegitimize and isolate Israel. It is vitally important that American corporations not engage in these efforts and we are grateful that Morningstar is committing to taking steps in the right direction, said William C. Daroff, CEO of Conference of Presidents of Major American Jewish Organizations.
.
Anti-Israel bias has no place in the world of financial ratings. It is not only unfair and harmful to Israeli companies and those doing business in and with Israel, but also threatens to tarnish the ESG ratings framework itself.
.
“Hadassah is proud to work with Jewish Federation of North America and partners across the Jewish community to address anti-Israel bias that unfairly harms Israeli companies and those doing business in and with Israel,” said Hadassah National President Rhoda Smolow and CEO Naomi Adler. “We are glad to see Morningstar’s commitment to creating a more fair and reliable framework.”
.
We are pleased that Morningstar’s leadership has made very clear its opposition to BDS and we will continue to work with the company – and the sector as a whole – to ensure that this commitment is fully executed.
.
“It’s important to address instances of bias and unfairness towards Israel in the corporate world. the business sector can play an important role in building bridges and cooperation between peoples, through positive and constructive engagement, and not through boycotts and discrimination,” said Andres Spokoiny, President & CEO, Jewish Funders Network.
.
“We are thankful that Morningstar has engaged in this ongoing process with Jewish community leaders and appreciate the company’s commitments to change its sources and methods. We are eager to see these changes yield bottom-line results in Morningstar’s ratings, watchlists, and engagements relating to companies doing business in Israel,” said Elan S. Carr, a leader of the Combat Antisemitism Movement.
.
Jewish United Fund Executive Vice President Jay Tcath said, “These Morningstar commitments to further improve their products and their willingness to engage so forthrightly, including moving forward, are significant and the foundation for industry-wide practices. And we salute Jewish Federations of North America for their irreplaceable leadership in bringing us all to this significant milestone.”
.
Scott A. Shay, a lay leader representing UJA-Federation of New York who was engaged on the issue, said, “ESG has become a major filter through which $17 trillion of US equities are screened. That is why this consortium of organizations has worked so hard to ensure that ESG is not hijacked by the 2% of Americans who support BDS. The commitments that Morningstar has made are vital, not only for Israel-related investing but for the integrity and reputation of ESG to represent the values of a broad range of the investing public.”
.
“Given the importance of ESG analysis to the investor community, we’re very thankful to Morningstar for agreeing to refine its research approach addressing concerns around anti-Israel bias.”  Eric S. Goldstein, CEO of UJA-Federation of New York.