Arab-American group challenges new California law aimed at fighting antisemitism

SAN FRANCISCO, California (AP) — The American-Arab Anti-Discrimination Committee is challenging a new California law that is designed to protect Jewish students from discrimination, but that plaintiff teachers and students say is unconstitutionally vague and violates their free speech rights.

The federal complaint, filed Sunday in San Jose, seeks to invalidate legislation Governor Gavin Newsom signed last month, creating an Office of Civil Rights to help schools identify and prevent antisemitism. State lawmakers approved the legislation as political tensions have flared in the US over the Israel-Hamas war in Gaza.

The new law, which takes effect January 1, does not define antisemitism but gives educators the impression that they could be charged with discrimination “if they expose their students to ideas, information, and instructional materials that may be considered critical of the State of Israel and the philosophy of Zionism,” according to the complaint.

The civil rights office does not need legislative approval for educational materials for teachers. But some educators have criticized a part of the law requiring that all teacher instruction “be factually accurate” because they say it could unintentionally stifle learning.

Jenin Younes, national legal director at the American-Arab Anti-Discrimination Committee, says the lack of guidance has a chilling effect on speech among educators.

“They censor themselves very broadly because they don’t know what’s going to get them into trouble,” she said.

The lawsuit was filed on behalf of individual teachers and students in California public schools, and the Los Angeles Educators for Justice in Palestine.

In the complaint, middle school science teacher Jonah Olson says students at his rural, largely Christian school district often ask him what it means to be Jewish. He responds in part by saying that his Judaism does not include support for the State of Israel, and now he fears that might violate the law.

Parents who are part of the lawsuit say they fear their children will be prevented from learning about differing perspectives on Israel, the Palestinians and the Middle East.

Students in public schools across the US are generally protected against discrimination through state, federal and district policies, but supporters of the law say they need to do more given a surge in harassment and bullying of Jewish and Israeli students.

The Anti-Defamation League, which supports the new law, said 860 antisemitic acts such as harassment, vandalism and assault were reported to the group last year at non-Jewish K-12 schools nationwide. The number is a 26-percent decrease from the previous year, but much higher than the 494 reported in 2022.

Lev Miller Ruderman, a Jewish student at San Lorenzo Valley High School near the coastal city of Santa Cruz, said at a legislative hearing that school officials did not take an antisemitic act on campus seriously during his freshman year.

Another student used school materials to make a Nazi flag and pinned it to Ruderman’s back, he said. Ruderman walked past numerous students across campus before a teacher asked him about it, he said.