Lawsuit accusing UC Berkeley of tolerating antisemitism can proceed, US judge rules
Court refuses to weigh in on assertion that Zionism is core tenet of Judaism, saying doing so would be unconstitutional, but allows equal protection and civil rights claims
A US federal judge has said Jewish groups may pursue a lawsuit accusing the University of California, Berkeley, of tolerating an “unrelenting” stream of antisemitic harassment toward Jewish students and faculty, in a decision made public on Tuesday.
US District Judge James Donato said two Jewish groups may pursue equal protection, free exercise of religion, and civil rights claims against school officials, including University of California President Michael Drake and former UC Berkeley chancellor Carol Christ.
Donato said the plaintiffs plausibly alleged that Jewish students and professors were treated differently at UC Berkeley because they are Jewish, and that the school was “deliberately indifferent to the on-campus harassment and hostile environment.”
The plaintiffs had cited myriad instances, including an Israeli professor having her invitation to teach at the school revoked; protesters calling Israeli students “Talmudic devils”; and a student with a Star of David necklace being surrounded by masked protesters, who told him, “Zionists can go back to Europe.”
At the same time, the San Francisco-based judge dismissed a contract-based claim surrounding student organizations’ bylaws prohibiting those who espouse Zionist beliefs.
He also, notably, declined to take up the plaintiff’s assertion that “Zionism is a central tenet of the Jewish faith,” saying that for the court to weigh in on such a matter would raise “a serious constitutional problem,” as it would involve weighing in on religious doctrine.
“It may be that the Court may properly determine whether Zionism is a sincerely held religious belief for some individuals, as circumstances might warrant, but the Court will not determine if it is a central tenet of Judaism,” Donato wrote.
Lawyers for the defendants did not immediately respond on Wednesday to requests for comment.
The plaintiffs are the nonprofit Louis D. Brandeis Center and Jewish Americans for Fairness in Education, a nationwide group whose members include UC Berkeley staff and students.
Many top US colleges and universities have been accused of tolerating antisemitism and mishandling protests after Hamas’s October 7, 2023, attack on Israel — in which terrorists killed some 1,200 people and took 251 hostages — started the ongoing war in the Gaza Strip.
The demonstrations frequently included open endorsements of violence and support for terror groups. They also sparked waves of arrests as well as some suspensions and expulsions, which many pro-Palestinian groups have condemned as an attack on free speech.
Last month, US President Donald Trump canceled $400 million of federal funding for Columbia University over its alleged failure to police antisemitism.
His administration also sent letters to 60 schools including UC Berkeley in March, warning of possible enforcement actions if they did not address antisemitic harassment and discrimination.
John Coghlan, a lawyer for plaintiffs in the UC Berkeley lawsuit, called Donato’s decision “an overwhelming victory” for his clients.
“We’re looking forward to continuing to fight for the Jewish community at Berkeley,” he said in an interview. “To the extent there is greater momentum toward combating antisemitism, that helps our case.”
The Times of Israel Community.