Brandeis Brief: March 2023

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It was a great day for the cause of justice when the U.S. Supreme Court let stand an anti-BDS law in Arkansas. The Brandeis Center submitted legal briefs on the side of the state. The Republican National Committee cited our 2021 survey “Anti-Semitism @ College” in its resolution opposing all forms of anti-Semitism, Chairman Marcus was widely quoted in the press, and President Lewin spoke to several groups about anti-Semitism on campus.

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U.S. Supreme Court Upholds Arkansas Anti-BDS Law; Brandeis Center Supported Anti-BDS Law
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The Supreme Court denied cert. in a case upholding the State of Arkansas’s anti-BDS law. The Brandeis Center submitted amicus briefs on the side of the state in the U.S. Court of Appeals for the Eighth Circuit.
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The Brandeis Center released the following public statement.

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“Today is a great day for the cause of justice. This morning, the U.S. Supreme Court let stand an important appeals court victory for anti-BDS legislation and civil rights law by denying cert. in the Arkansas anti-BDS case, Arkansas Times LP v. Waldrip. In doing so, the Court put to rest the absurd notion that anti-BDS laws are incompatible with robust protections for the freedom of speech. Anti-Israel boycotts will now be seen for what they are: discriminatory conduct rather than political speech.

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“Like many other states, Arkansas had commendably decided that its state’s taxpayers should not subsidize anti-Semitic boycotts of Israel through their government contracting process. When states prohibit discrimination against other groups, they must be consistent in preventing bias against the Jewish people. It is notable that, in this case, BDS supporters could not find even one justice — there were no dissenters — to support their discriminatory activities.

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“The Louis D. Brandeis Center was pleased to support the State of Arkansas through its amicus work, just as we have fought BDS in higher education, corporate America, and most recently in the Ben & Jerry’s case. We will continue to fight against discriminatory BDS activities from the campus to the ice cream parlor, and from the boardroom to the U.S. Supreme Court.”

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Chairman Marcus Remarks on Anti-Semitism in University of California System

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In a new Daily Caller article asking: “Is the University of California System Becoming a Safe Space for Antisemitism?” Brandeis Center Chairman Kenneth L. Marcus commented on a recent event at UCLA featuring a George Washington University professor under investigation for alleged anti-Semitic comments and behavior.

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“The University of California system has had very significant anti-Semitic incidents going back 20 years,” Marcus said. “I’m no fan of cancel culture, but here we have a situation in which UCLA is responding to credible allegations of anti-Semitism by giving a podium to the accused anti-Semite, and they are actually going out of their way to amplify the anti-Semitic speech.”

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RNC Cites Brandeis Center Survey of Jewish College Students in Resolution Condemning Anti-Semitism
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The Republican National Committee’s “Resolution to Oppose All Forms of Antisemitism” cited the Brandeis Center’s 2021 survey, “Anti-Semitism @ College” – the first poll to examine rates of anti-Semitism among college students who claim a strong sense of Jewish identity – in speaking out against anti-Semitism:
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“WHEREAS, A report from the Louis D. Brandeis Center for Human Rights Under Law found more than half of Jewish college students say they felt the need to hide their identity on campus…. [T]herefore, be it RESOLVED, That the Republican National Committee shall hereby formally condemn, denounce, censure and oppose all forms of…antisemitism, antisemitic statements, and any antisemitic elements that seek to infiltrate the Republican Party.”

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‘Inside Higher Education’ Cites Federal Investigations Based on Brandeis Center Complaints and Marcus’s Insights on Combating Campus Anti-Semitism

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Prominent news site Inside Higher Ed highlighted three federal investigations based on Brandeis Center-filed complaints: the University of Vermont, the University of Southern California, and Brooklyn College – in an article analyzing the Department of Education’s Office for Civil Rights.
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Chairman Kenneth L. Marcus emphasized that higher education administrators are now on notice that the Office for Civil Rights remains focused on addressing campus anti-Semitism: “OCR doesn’t always express itself with a level of clarity that we might like, but I think that in recent months, it has taken a number of measures to demonstrate to institutions that campus anti-Semitism remains a significant priority,” Marcus said.
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That includes mentioning a “distressing rise in reports of antisemitism on campuses across the country” in a news release and releasing fact sheets on Title VI protections from discrimination, including clarifying how the law protects students who are perceived to be from a particular religious group.
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Marcus noted the challenge now is to resolve anti-Semitism cases: “It’s one thing to open the case, and it’s another thing to figure out what they need to do and then do it. That will be the big question. Now that they’re looking at all these cases, are they going to be able to finish them?”

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.‘The College Fix’ Interviews Chairman Marcus about Ed. Dept. Anti-Semitism Guidelines Delay

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The College Fix interviewed Kenneth L. Marcus about the again-delayed release of anti-Semitism guidelines by the U.S. Education Dept. Office for Civil Rights, which could impact thousands of Jewish students across American college campuses.

.Chairman Marcus explained that rather than granting the Education Dept. any new powers or responsibilities, the new guidelines would merely preserve the status quo: “The new regulation would keep all of this in place, despite continuing efforts from many left-wing critics to remove them. Some people misunderstand what is meant by codifying the Trump [Executive] order [which incorporated the IHRA Working Definition of anti-Semitism to determine when anti-Semitism takes place on college campuses].”

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“It doesn’t mean that the federal government would investigate any form of conduct that meets the IHRA definition of anti-Semitism. Rather, it means reinforcing both the Trump rule on anti-Semitism and also the Trump protections for free speech.”
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While expressing disappointment that the regulation remains in limbo, Chairman Marcus commended Assistant Secretary Catherine E. Lhamon, for recently reaffirming “OCR’s commitment to complying with” the Trump Executive Order. This “’comes as ‘many university administrators, especially at left-leaning universities, have refused to take the Executive Order on Combating Anti-Semitism seriously, because the Trump administration is over and remains unpopular,’ Marcus said. The Biden administration has ‘been very strong when it comes to rightwing violations. The question is whether they will be equally strong when it comes to hate and bias incidents within their base.’”

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.Alyza D. Lewin Interviewed on “Never Again Is Now” Podcast about Global Anti-Semitism

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President Alyza D. Lewin was featured on an episode of “Never Again Is Now” – a podcast about global anti-Semitism.

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In today’s environment, where the news is filled with headlines on campus anti-Semitism, President Lewin explains what legal actions the Brandeis Center is taking to protect Jewish college students.

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.Click the video to watch the President Lewin’s podcast episode.

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.Alyza D. Lewin Speaks at Launch of Newest Brandeis Center Law School Chapter

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Brandeis Center President Alyza D. Lewin spoke to the Brandeis Center’s latest law school chapter – NYU School of Law’s “Law Students Against Anti-Semitism – NYU Law Chapter of the Brandeis Center.”

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”The climate at NYU Law has been challenging, particularly for Jewish students who have felt marginalized for taking pride in the Jews’ ancestral and ethnic connection to Israel,” notes Lewin. “Jewish students at NYU Law have experienced ‘erasive anti-Semitism,’ a form of anti-Semitism that denies Jews their identity as a people and erases Jewish history. The Brandeis Center’s new chapter at NYU Law is empowering students to educate the school community and combat the anti-Semitism. We are gratified to be able to support the NYU Law students in this way and help ensure that their voices are heard on this important topic.”

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Law Students Against Anti-Semitism exists to educate, advocate, and plan events at NYU School of Law on the defense of the Jewish community from anti-Semitism as it exists in its various forms.

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.Brandeis Center Engages Every Delegate of ABA’s Governing Body Over Anti-Semitism Resolution
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