Following Kenneth L. Marcus’s widely-read op-ed on the revelation that two dozen major law firms continue to sponsor Berkeley Law student groups, which adopted exclusionary, anti-Semitic bylaws, the Brandeis Center joined a 35-group coalition to end BigLaw’s support for campus anti-Semitism. . The organizations sent letters to the firms, expressing concerns regarding the financial support of student groups promoting anti-Jewish bigotry: . “Recently, nine registered student organizations at the University of California, Berkeley School of Law codified in their bylaws a pledge to not invite any speakers who support “Zionism, the apartheid state of Israel, and the occupation of Palestine.” This discriminatory vow not only advances the Boycott, Divestment, and Sanctions (BDS) campaign but is also blatant antisemitism, the goal of which is the marginalization, stigmatization, and silencing of Jews on campus. . We are troubled that one of the student groups that adopted the antisemitic pledge…publicly lists your firm among its financial sponsors. While the law firm likely chose to sponsor this student group before knowing of their codification of an egregious antisemitic bylaw, the firm’s financial backing now sends an unsettling, implicit message that your firm either approves of or forgives the group’s antisemitic agenda, or is indifferent to it. . “We call on your firm to end any funding or support for UC Berkeley Law’s [student group]. It would be appropriate and appreciated for your firm to issue a prompt and clear public statement to the effect that it is withdrawing support for this group unless and until it rescinds its antisemitic bylaws.” . In a recent op-ed, Marcus recommended that firms “freeze contributions to BDS, anti-Semitic, and anti-Zionist programming – including withholding contributions from any group that excludes Jewish speakers.” He encouraged law firms – and judges – to ask law student applicants if they have participated in organizations that exclude members or speakers based on race, religion, or ethnicity. Finally, Marcus declared BigLaw firms should condemn their history of excluding Jewish applicants, and ensure that their diversity, equity, and inclusion programming addresses anti-Semitism. . Marcus urges firms to partner with national organization Shine a Light, whose mission is to raise awareness and take action against anti-Semitism. . The 23 law firms reported to sponsor the Berkeley Law groups with exclusionary bylaws are: Cooley Covington & Burling Debevoise Freshfields Gunderson Dettmer Haynes and Boone Jenner & Block Jones Day Keker, Van Nest & Peters Kirkland & Ellis Latham & Watkins McDermott Will & Emery Morgan Lewis Morrison & Foerster Munger Tolles & Olsen O’Melveny & Myers Orrick Perkins Coie Skadden Wachtell, Lipton, Rosen, & Katz Weil Gotshal & Manges Wilkie Farr & Gallagher Wilson Sonsini . For more information, read Founder and CEO of StandWithUs Roz Rothstein’s and Kenneth L. Marcus’s op-eds regarding the issue of BigLaw’s involvement in anti-Semitic student groups at Berkeley Law School.
On Wednesday, November 8, Stand With Us posted an article urging support for Kenneth L. Marcus’s recent nomination for the position of assistant secretary for civil rights in the U.S. Department of Education. Stand With Us, an international, non-profit Israel education organization, is urging supporters of Marcus to call or email thier senators in order to fight a vigorous smear campaign being conducted by anti-Israel organizations. The entire text of the article can be found below. YOUR ACTION NEEDED Support Ken Marcus’ Nomination Kenneth Marcus, an outstanding defender of civil rights for Jews and many other communities, was recently nominated for assistant secretary for civil rights in the U.S. Department of Education. Now he is under attack by anti-Israel extremists seeking to derail his nomination, and we can’t let them win. We need you to CALL and EMAIL the senators on the committee that decides if Marcus gets the position and urge them to vote for his confirmation. This is the message you can share with them: Kenneth Marcus is an outstanding defender of civil rights. I oppose the smear campaign against him by anti-Israel groups and strongly support his nomination for assistant secretary for civil rights in the U.S. department of education. Relevant Background Information: Kenneth Marcus is an incredibly qualified candidate for assistant secretary for civil rights. A law professor with a degree from University of California, Berkeley, he served in the second Bush Administration as the Department of Housing and Urban Development’s deputy assistant secretary for fair housing and equal opportunity. He was the de facto head of the U.S. Department of Education’s civil right office and the staff director of the U.S. Commission on Civil Rights. According to The Atlantic, the administration “started taking a stronger approach to enforcing civil-rights laws” under Marcus’ leadership. He is also the president of the Louis D. Brandeis Center For Human Rights Under Law. The reason Marcus is being subjected to a smear campaign is his outspoken advocacy against anti-Semitism, including cases of bigotry that involve Israel. Anti-Israel extremists are worried that if Jewish students get all the protections that they deserve, it will be more difficult to spread hate against Jews and Israelis. They’re right, which is why we must stand up for the civil rights of Jews, and all other communities that face discrimination, by supporting Marcus’ nomination.
Following years of disruptive behavior by the University of California at Irvine (UCI)’s chapter of Students for Justice in Palestine (SJP), UCI announced last week that it has sanctioned SJP “with disciplinary probation for two academic years.” The university’s action follows steadfast action by several organizations that have spoken up for UCI’s Jewish and pro-Israel students, including the Louis D. Brandeis Center, StandWithUs (SWU), Students Supporting Israel (SSI), and the AMCHA Initiative. This probation follows SJP’s May disruption of an on-campus discussion sponsored by UCI’s chapter of SSI. The May 10 SSI event featured five Israel Defense Forces (IDF) reservists, appearing on behalf of “Reservists on Duty,” a group of Israeli reservists who attend campus meetings to discuss IDF policy. The SSI meeting was interrupted repeatedly by shouting, chanting, and other verbal disruption by the students affiliated with SJP. Several of the interruptions featured profanity, including the SJP members repeatedly screaming “F-you” at the IDF reservists. Videos of the exchanges were captured by Gary Fouse, a retired UCI instructor who has done much to chronicle anti-Israel and anti-Jewish activity on that campus over the years. In two strongly-worded letters sent in May and July, the Louis D. Brandeis Center, together with SWU and SSI, chronicled the abuses suffered by the students, and urged UCI to rectify the situation. The May letter insisted that “more must be done … to prevent SJP from engaging in this type of discriminatory and disruptive behavior again against Jewish and pro-Israel students.” LDB, SWU, and SSI reminded UCI of their obligations under federal law, as well as the UC Regent’s “Statement of Principles Against Intolerance,” which announced that “Anti-Semitism, anti-Semitic forms of anti-Zionism and other forms of discrimination have no place at the University of California.” The Brandeis Center also signed onto a letter organized by the AMCHA Initiative, signed by a total of 53 groups, urging further action. After UCI Chancellor Gillman and Vice Provost Haynes acknowledged the severity of the disruption and professed concern for the safety and security of all students, LDB, SWU, and SSI sent a second letter in July outlining violations of the California Penal Code and UCI Policy and urging the UCI administration to take forceful disciplinary action. “It is unfortunate that UCI needed to be reminded of its legal obligations in this way,” LDB President Kenneth L. Marcus commented, “But we are glad that UCI is now signaling that it will protect its students from such outrages in the future. This new action is deserving of praise.” (more…)
Last week, the Ryerson Student Union (RSU) at Ryerson University, located in Toronto, Canada, officially printed a definition of anti-Semitism that the RSU had adopted in March 2017, as recommended by the “Ottawa Protocol.” The Ottawa Protocol reaffirms the EUMC’s working definition of anti-Semitism – the EUMC now being recognized as the Fundamental Rights Agency (“FRA”). The EUMC working definition is similar to the definition used by the U.S. State Department. These definitions account for anti-Semitism that may hide under the guise of Israel criticism, among other forms. In addition to this affirmation, the Ottawa Protocol also advises that universities should use the EUMC Working Definition of Antisemitism and that “there should be zero tolerance for discrimination of any kind.” According to the Centre for Israel and Jewish affairs, a Canadian Jewish advocacy organization, Ryerson was the first Canadian University to adopt the Ottawa Protocol. Students Supporting Israel (SSI) and StandWithUs Canada spearheaded this effort on Ryerson’s campus. The new definition came just in time, right after reports that the head of a university program “resigned over anti-Semitic tweets.” Setting a definition for anti-Semitism is an important step for a university to affirm its commitment to standing up for its students in the face of anti-Semitism. This sentiment was shared by RSU president Obaid Ullah, who wrote that “Jewish community members had lost faith in the RSU and did not feel supported” prior to this decision to create a definition. In the United States, several schools’ student governments have passed similar resolutions. Such resolutions were accomplished by the student government’s at San Diego State University, East Carolina University (ECU), UC Berkeley, UCLA, UCSB, Capital University, and Indiana University. As told by a member of the Student Government Association at ECU, the students had decided to “take a stand with the Jewish community at [ECU]” by passing a resolution to define anti-Semitism in line with the definition adopted by the U.S. State Department.
On Wednesday, April 26th the South Carolina public will get an up close and personal look at the fight against anti-Semitism during Citizens Advocacy Day. Citizens Advocacy Day is an event intended to bring more public awareness to anti-Semitism legislation, as well as give an opportunity to meet the organizations and legislators working to fight against anti-Semitism in South Carolina. The Louis D. Brandeis Center will proudly be joining organizations such as Stand With Us, The Israel Project, Christians United for Israel, Israel Allies Foundation, and the Jewish Federations of both Columbia and Charleston for the event. Citizens Advocacy Day will include the opportunity to hear key legislators speak, such as Alan Clemmons (R-SC), on the H-3643 legislation that is currently attempting to apply a widely respected definition of anti-Semitism to South Carolina’s public universities. This is a state version of the Anti-Semitism Awareness Act that was introduced to the U.S. Senate last year. Similar bills have already been introduced in South Carolina, Virginia, and Tennessee. The events start at 9:30 in Room 110 of the Solomon Blatt Building at 1105 Pendleton Street, SC State Capitol, Columbia. A complimentary lunch will be served and there will be a group photo taken on the capitol steps. This event offers a unique opportunity to both show direct support in the fight against anti-Semitism and to take part in the civic process that drives our nation. For more information, see the flyer below.
LDB President Kenneth L. Marcus will be speaking at the StandWithUs International Anti-BDS Conference for the second year in a row. StandWithUs, an international non-profit organization dedicated to informing the public about Israel and combating anti-Semitism, will host this conference from April 9-11 in Los Angeles, California. At the conference, internationally renowned experts will discuss the global boycott movement against Israel and how it targets college campuses, businesses, and more. The conference’s keynote speaker is Alan Dershowitz, a former Harvard Law Professor, Author, and Political Commentator. Other speakers, in addition to Marcus, include New York Times Best Selling Author Edwin Black, Public Relations Expert Philippe Assouline, StandWithUs CEO Roz Rothstein, Brandeis Center Board of Directors member Richard Cravatts, Brandeis Center Academic Advisory Board member Tammi Rossman-Benjamin and many more. Brandeis Center President Marcus commented, “I am excited to be a part of an incredible and diverse lineup of speakers. I am looking forward to sharing my knowledge and learning more about new strategies and tactics to help understand the BDS movement.” StandWithUs uses their knowledge to help correct common prejudices about the Arab-Israeli conflict, and promotes discussions and policies that help promote peace in the Middle East. Their website says, “Through print materials, speakers, programs, conferences, missions to Israel, campaigns, social media and internet resources, we ensure that the story of Israel’s achievements and ongoing challenges is told on campuses and in communities around the world.” The exact location of the event will be sent to conference participants upon completion of their reservation. To learn more about the conference please follow this link.
On November 20, The Academic Council for Israel, The American-Israeli Cooperative Enterprise, Scholars for Peace in the Middle East, Stand With Us and the Louis D. Brandeis Center issued a statement in advance of the shocking vote that was in favor of boycotting Israeli academy by members of the American Anthropological Association during its annual meeting in Denver, Colorado. The resolution passed with an overwhelming 1,040 to 136 margin on Friday evening. The coalition of organizations represents more than 100,000 students, scientists, engineers, medical and business and computer science professors, librarians, social scientists, historians, political scientists, librarians, administrative leaders, and others. The coalition opposed the efforts of AAA members who were expected to vote in favor of a boycott of Israel today, Nov. 20th, during the business meeting that was scheduled for Friday, November 20th, from 6:15-7:30pm in the Mile High Ballroom 2 & 3. Speaking on behalf of the coalition, Executive Director of ACFI, Samuel Edelman said, “Boycotts of Israel have become so virulent in the United States, serving to foster hatred in the halls of our universities instead of the education that comes from respectfully exchanging ideas. In addition, the boycotts represent flawed teaching because they are based on poor critical thinking and a reliance on fallacies of argument and out right falsehoods instead of provable, supported facts and data. We don’t send our young people to college to be indoctrinated. We want to have the facts presented to them with evidence to back them up. It is time to put a stop to the flagrant misuse of universities for ideological aims.” The members of our respective organizations submitted the following statement on the issue of academic boycotts of Israel. Understanding that academic, cultural, and commercial boycotts, divestments, and sanctions of Israel: Are counterproductive to the goal of peace, Represent an anti-democratic process intent on undermining the Jewish people’s right to self-determination in their homeland, Israel, BDS seeks to commandeer our educational system and professional societies for political ends that constitute a travesty of professional ethics and conduct, and Antithetical to basic human freedoms including academic freedom. We stand united in our condemnation of calls and campaigns for boycotting, divestment from, and sanctions against Israeli academic institutions, professors, products, and companies that do business in or with Israel. We recognize that individuals and groups may have legitimate criticism of Israeli policies. Criticism becomes antisemitism, however, when it demonizes Israel, applies double standards to Israel, denies Israel the right to defend its citizens, or questions Israel’s right to exist. The BDS misrepresentation of the conflict between Israel and Palestinians is one-sided and untruthful, and therefore unworthy of the academic community. Moreover, by pursuing delegitimization campaigns on campus and in academic professional organizations, anti-Israel proponents provoke deep divisions among students and have created an atmosphere of intolerance and hatred. BDS resolutions will not contribute to peace or justice. Political wisdom and moral good will require that they be resoundingly rejected. THEREFORE WE OPPOSE ANY AND ALL BDS RESOLUTIONS AND CAMPAIGNS. To read the original statement, please click here.
University of Michigan Logo (Detroit News) The University of Michigan has been working to address several discriminatory incidents against Jewish students at the University of Michigan, including Professor John Cheney-Lippold’s refusal to write a letter of recommendation for a student to study abroad in Israel, a graduate student teaching assistant’s refusal to write a letter of recommendation for the same reason, and a lecture slide in a mandatory arts program comparing Hitler to Netanyahu. In the aftermath of these incidents, the Louis D. Brandeis Center (LDB), StandWithUs (SWU) and The Lawfare Project (LP) sent a letter to university President Mark Schlissel and the Board of Regents, stating “it is vital that university policy spell out the potential ramifications for faculty who interfere with a student’s academic privileges and/or opportunities based on that faculty member’s personal political views.” While emphasizing the deleterious impact and message of Professor Cheney-Lippold’s decision, the letter also expresses concern for the extent to which faculty’s behavior may encourage BDS and discrimination against pro-Israel and Jewish students. The letter outlined how the Palestinian Campaign for the Academic and Cultural Boycott of Israel (PACBI) Guidelines serve as governing documents for faculty wishing to advance the academic boycott of Israel. By adhering to these guidelines (which include boycotting “Research and development opportunities, including joint research projects for faculty or students with Israeli universities, and research projects for foundations, institutions and corporations affiliated with or who have contracts or other agreements with Israeli universities,” “Study abroad programs in Israel for international students,” “Publishing or reviewing articles for academic journals based at or in collaboration with Israeli universities. . . ,” and more) “students become unwilling victims of their faculty’s political biases, in direct violation of university policy and academic guidelines––as well as federal and state anti-discrimination law.” LDB, SWU, and LP urged UMich to: …clarify its current policy to reflect zero-tolerance for faculty discrimination and efforts to limit student educational opportunities––whether the conduct is inspired or advanced by BDS or by any other discriminatory movement or government. In particular, it is vital that university policy spell out the potential ramifications for faculty who interfere with a student’s academic privileges and/or opportunities based on that faculty member’s personal political views–– and not based on the student’s academic merit. The University of Michigan responded, mentioning several steps the university has taken in the aftermath of Cheney-Lippold’s refusal to write the recommendation, including the “establishment of a blue-ribbon panel of distinguished faculty members” who “will carefully examine the intersection between political thought/ideology and instructors’ responsibilities to students.” While the university clearly declared its anti-BDS policy, they expressed their promotion of free speech and openness to “U-M faculty who may organize events” on the BDS movement. The full text of the letter can be found here.