fbpx

Berkeley Law Dean to NYT: School is on “Strong Legal Ground” in Response to Education Dept. Complaint

The complaint, which was filed by attorneys Gabriel Groisman and Arsen Ostrovsky, who heads the International Legal Forum on November 18, alleged that Berkeley Law had violated Title VI of the Civil Rights Act for failing to take action against several student groups who passed bylaws barring Zionist speakers from campus.
[additional-authors]
December 22, 2022
UC Berkeley’s Campus; Photo from Wikimedia Commons.

Berkeley Law School Dean Erwin Chemerinsky told The New York Times that he believes the school is on “strong legal ground” regarding a recent legal complaint filed against them.

The complaint, which was filed by attorneys Gabriel Groisman and Arsen Ostrovsky, who heads the International Legal Forum on November 18, alleged that Berkeley Law had violated Title VI of the Civil Rights Act for failing to take action against several student groups who passed bylaws barring Zionist speakers from campus. The Department of Education’s Office of Civil Rights announced on December 13 that they would be investigating the matter.

The New York Times interviewed Chemerinsky in an article about the issue that was published on December 21. Chemerinsky, according to the Times, said that the complaints contain “the same flawed assumptions from previous attacks” and that “he was confident Berkeley was on ‘strong legal ground.’” Chemerinsky, himself a Jewish Zionist, also told the Times that while he views the bylaws as antisemitic, “a student group has the right to choose the speakers they invite on the basis of viewpoint. Jewish law students don’t have to invite a Holocaust denier. Black students don’t have to invite white supremacists. If the women’s law association is putting out a program on abortion rights, they can invite only those who believe in abortion rights.”

The Times article went onto state that Hillel bars anti-Zionist speakers to campus, though Hillel International President and CEO Adam Lehman argued to the Times that Hillel’s policy is not analogous to the student groups’ bylaws. The bylaws bar speakers who support the “Jewish right to self-determination,” whereas Hillel policy only bars speakers who do not believe in that Jewish right to self-determination. Those who are pro-Palestinian and believe in the Jewish right to self-determination are allowed at Hillel, Lehman told the Times.

Law Students for Justice in Palestine, one of the groups who passed the bylaws, told the Times that the bylaws aren’t antisemitic because they welcome anti-Zionist Jews to campus and that the bylaws were passed for “the welfare of Palestinian students.” Berkeley Law student Noah Cohen told the Times that the bylaws have caused Jewish students to feel “singled out and targeted.”

Ostrovsky tweeted out the article and wrote, “This is not about free speech, but discrimination!” He added: “Zionism is central to Jewish identity & we will not stand idly by as Jewish students are being excluded!” In a later tweet, Ostrovsky wrote that “we do not claim these groups ought [to] host Zionist speakers … Rather, what is happening is [a] wholesale exclusion of group of people based on their racial & national identity (Zionism) – which is prohibited under Title VI.”

Did you enjoy this article?
You'll love our roundtable.

Editor's Picks

Latest Articles

‘NAZA’ Proves Nada

“Naza” is not successful on any level as a documentary, but if judged on awards, and getting people who were already angry angrier, it very well may be.

The Virtues of Fresh Salads

After weeks of holiday feasting and heavy meals, the new Jewish year is a perfect time to reset, to nourish our bodies with food that is wholesome and still tastes delicious.

On Oct. 7, Reflections on Remembrance

Even as we mourn everything we’ve lost, let us also remember the moments of hope and healing — moments that restore our faith in humanity’s promise.

The Other Shoe

I stood there in awe, my eyes blurring with tears, listening to the hush and experiencing the unnamed. I couldn’t tell which was stranger: feeling the rainforest in me, or me in the rainforest. And then my phone rang.

A New Graphic Novel Re-Presents the Bible

Following on the heels of his earlier presentations of the Passover Haggadah and the books of Esther and Jonah, Gorfinkel, known to his friends as “Gorf,” along with Israeli illustrator Yael Nathan and a team of specialized artists, have produced “The Koren Magerman Tanakh Graphic Novel: Bereshit Vol. 1,” which renders the first two Torah portions in Genesis, Bereshit and Noah, in dynamically engaging visual narrative form.

Flydubai Flight FZ1073 and the Indomitability of the Jews

FZ1073 has a message for the world. For the terrorists striving to take innumerable Israeli lives and make the survivors’ lives unbearable, the message is that your love of death will never diminish our love of life nor make us any less determined to defend it.

Achievement, Relationship, Purpose

A career becomes more rewarding when it supports rather than consumes the rest of life. Wealth becomes more meaningful when it creates security and enables generosity.

Oct. 7 Haunts the Campus

Students like me have come to understand that pro-Israel students being othered is the new campus normal. It shouldn’t be.

My Three Sons

I just completed a project I started in November 2023: taking each of my three sons on vacation separately.

More news and opinions than at a Shabbat dinner, right in your inbox.