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

The Louis D. Brandeis Center for Human Rights Under Law, a Jewish advocacy group, filed the lawsuit in late 2023 over what it calls the “prolonged and rampant spread of anti-Semitism” on campus. daily cal. information. The group argues that UC Berkeley failed to protect students and faculty from anti-Semitic discrimination and harassment because it did not end it. demonstrations or clearing 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 United States District Court, Northern District of California, to dismiss the case. A decision is pending.

“The university stated that it did not turn to law enforcement to clear up the protest because it did not want to create unrest, which is the kind of on-the-spot judgment that courts are not supposed to second-guess,” the motion to dismiss the case read, pointing out that the university publicly condemned acts of antisemitism. “But neither the Constitution nor federal civil rights statutes hold universities automatically responsible for even the abhorrent conduct of their students.”

A lawsuit denounces the statutes of a pro-Palestinian student group

The lawsuit also focuses on the action of Berkeley Law Students for Justine in Palestine, a student group that adopted bylaws prohibiting supporters of Zionism from speaking at its events. Nearly two dozen other UC student groups adopted variations of the statute. The lawsuit challenges the language used by protesters.

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

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

Six pro-Palestinian students can present arguments in anti-Semitism lawsuit at UC Berkeley

The new ruling by U.S. District Court Judge James Donato allows six “intervening” students to present additional defenses that UC Berkeley cannot raise. An intervenor is a third party who brings a civil suit to defend his or her personal interest in the outcome, according to Cornell Law School. The motion to intervene was presented by the Coalition for the Defense of Affirmative Action, Integration and Immigrant Rights and the Fight for Equality by Any Means Necessary (BAMN), and pro-Palestinian students and activists.

At a press conference on Monday, Cruz, who is also a BAMN organizer and a UC Berkeley School of Law alumnus, alleged that this is actually pro-Palestinian speech that has been “facing censorship and discrimination under the pretext of which is anti-Semitic.” It also states that the goal of the lawsuit is to “derecognize” and defund pro-Palestinian student organizations.

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

To manage the proceedings, the court imposed conditions on the intervening students, including limiting them from addressing arguments related to the plaintiffs’ claims, reports Daily Cal. They also cannot “repeat, reaffirm or expand” the arguments presented or make references to harassment or discrimination, which may be raised in a separate lawsuit, depending on the court’s order.

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Federal judge allows lawsuit against Texas universities to continue

In Texas, a federal judge ruled Tuesday that a similar lawsuit filed by pro-Palestinian student groups against Texas universities’ enforcement of Gov. Greg Abbott’s executive order on anti-Semitism can proceed 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 Palestinian Solidarity Committee of the University of Texas and the Democratic Socialists of America after Abbott signed Executive GA-44, which ordered universities to update their freedom of expression policies to address rising antisemitism.

CAIR alleges that the order violates the First Amendment by incorporating rules under which students would be punished for criticizing Israel. U.S. District Judge Robert Pitman said the plaintiffs “will likely be successful” in showing that policies that comply with the governor’s order are unconstitutional. However, Pitman denied their request for an injunction preventing the universities from enforcing the order, noting that the plaintiffs’ proposed injunction was “overly broad,” the daily texan information.

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

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

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

Following last week’s rulings, the American Civil Liberties Union, Amnesty International USA, and Human Rights Watch wrote in an open letter urging 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 “aims to put universities and colleges on notice as we continue to investigate incidents in which university police and law enforcement used force against peaceful protesters, including the use of “less lethal weapons.”

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

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