Pro-Palestinian students can intervene in UC Berkeley anti-Semitism lawsuit, judge rules

A federal judge has allowed pro-Palestinian student activists at UC Berkeley to present their arguments in a lawsuit filed against the school over alleged anti-Semitism.

Louis D. Brandeis Center for Human Rights Under Law, a Jewish advocacy group, filed the lawsuit in late 2023 over what it calls the “long-standing, unchecked spread of anti-Semitism” on campus, Daily cal reports. The group claims that UC Berkeley failed to protect students and faculty from anti-Semitic discrimination and harassment because it did not stop demonstrations or clear a pro-Palestinian camp that called for Israeli divestment.

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UC Berkeley has argued that interfering with the protests would have violated the constitutional rights of its students. In June, the university filed a motion in the US District Court, Northern District of California, to dismiss the case. A decision is pending.

“The university stated that it did not use law enforcement to defuse the protest because it did not want to cause unrest, which is the type of on-the-spot judgment that courts should not intervene in,” the motion to dismiss the protest said. Read the case and noted that the university publicly condemned acts of anti-Semitism. “But neither the Constitution nor federal civil rights statutes make universities automatically liable for even abhorrent conduct by their students.”

Lawsuit challenges pro-Palestinian student group’s statutes

The lawsuit also takes aim at the action of Berkeley Law Students for Justine in Palestine, a student group that has passed bylaws banning Zionism supporters from speaking at their events. Nearly two dozen other UC student groups adopted variations of the statute. The lawsuit challenges the demonstrators’ language.

“Anti-Zionism is different from criticism of Israel or opposition to the policies of the Israeli government,” the lawsuit said. “Anti-Zionism rejects Israel’s right to exist and denies Jews the fundamental right to self-determination.”

Attorney Ronald Cruz, speaking on behalf of the student coalition of pro-Palestinian protest groups, claims the lawsuit asks federal courts to make illegal any criticism of Israel under the false claim that the country is anti-Semitic, according to CBS News.

Six pro-Palestinian students can make arguments in UC Berkely anti-Semitism lawsuit

The new ruling from U.S. District Court Judge James Donato allows six student “intervenors” to raise additional defenses that UC Berkeley cannot raise. An intervenor is a third party who files a civil lawsuit to argue for their personal stake in the outcome Cornell Law School. The motion to intervene was filed by the Coalition to Defend Affirmative Action, Integration & Immigrant Rights and Fight For Equality By Any Means Necessary (BAMN), and pro-Palestinian students and activists.

At a press conference Monday, Cruz, who is also a BAMN organizer and alumnus of the UC Berkeley School of Law, claimed it is actually a pro-Palestinian speech that “faces censorship and discrimination under the pretext of being anti-Semitic.” He also claims that the purpose of the lawsuit is to “de-recognize” and debunk pro-Palestinian student organizations.

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“We will have an opportunity to present evidence, including student witnesses and expert witnesses,” he said.

To manage the proceedings, the court imposed conditions on the intervening students, including limiting them to hearing arguments related to the plaintiffs’ claims, Daily Cal reports. They also may not “repeat, rephrase or amplify” the arguments presented or refer to harassment or discrimination, which could be raised in a separate lawsuit, according to the court’s order.

Federal judge allows lawsuit against Texas universities to proceed

In Texas, a federal judge ruled Tuesday that a similar lawsuit filed by pro-Palestinian student groups challenging Texas universities’ enforcement of Gov. Greg Abbott’s executive order on anti-Semitism can be heard in court.

In May, the Council on American-Islamic Relations (CAIR) filed a lawsuit on behalf of Students for Justice in Palestine at the University of Houston, Students for Justice in Palestine at the University of Texas at Dallas, the Palestine Solidarity Committee at the University of Texas , and the Democratic Socialists of America after Abbott signed Executive GA-44, which directed universities to update their policies free speech policies to tackle rising anti-Semitism.

CAIR claims the order violates the First Amendment by including rules that would punish students for criticizing Israel. U.S. District Judge Robert Pitman said prosecutors are “likely to succeed” in proving that policies consistent with the governor’s order are unconstitutional. However, Pitman denied their request for an injunction that would prevent universities from implementing the order, noting that the plaintiffs’ proposed injunction was “too broad.” Daily Texan reports.

The executive order also directs universities to incorporate the definition of anti-Semitism established by the International Holocaust Remembrance Alliance into their freedom of expression policies. Pitman ruled that maintaining that specific definition, which includes calling Israel “a racist enterprise” as an example of anti-Semitism, violates the First Amendment because it punishes a certain kind of speech.

Pitman’s ruling also ends Abbott as a defendant in the lawsuit.

ACLU calls on US colleges to protect students’ right to support Palestine

Following last week’s statements, the American Civil Liberties Union, Amnesty International USA and Human Rights Watch made this statement wrote in an open letter urge college and university presidents to respect and protect students’ right to protest in support of Palestinian rights.

The joint letter calls for an end to the crackdown on peaceful protests and “is intended to notify universities and colleges as we continue to investigate incidents in which campus police and law enforcement used force against peaceful protesters, including the use of less deadly weapons.”

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According to the groups, a preliminary analysis by Amnesty International’s Digital Verification Corps has identified at least 174 photos, videos or social media posts from 20 universities that may show excessive use of force by law enforcement authorities under international law. A ACLU press release specifically calls out the University of California, Los Angeles (UCLA), Columbia Universityand the City College of New York for the alleged excessive use of force.

“Universities are responsible for protecting both physical safety and free speech on campus,” said Jamil Dakwar, director of the ACLU’s Human Rights Program. “It is deeply concerning to see universities unnecessarily exposing students to police violence for peacefully expressing their political views. We once again urge schools to exercise restraint, practice de-escalation and protect freedom of speech and dissent on campus.”