Berkeley Law says it can’t discipline anti-Semitic free speech

A federal lawsuit accusing UC Berkeley and its law school of letting antisemitism spread unchecked on campus unlawfully seeks to discipline students “for quintessential First Amendment-protected speech,” the Regents of the University of California said in its bid to dismiss the claims.

“Consistent with long-established constitutional principles, [UC Berkeley] did not discipline the student organizations for their political speech. But the plaintiffs now ask this court for an unconstitutional order requiring the university to do so,” ​​Bryan H. Heckenlively, a partner at Munger, Tolles & Olson LLP, wrote in the filing Monday.

The Louis D. Brandeis Center sued the UC Regents and UC Berkeley last fall, claiming that various campus organizations have enacted bylaws that discriminate against Jewish students, such as making members undergo a “Palestine 101” training program that emphasizes the illegitimacy of Israel. In the wake of Hamas’ attacks on Oct. 7 and Israel’s response, “UC Berkeley and Berkeley Law have failed to confront, much less combat, the antisemitic environment their inaction has fostered,” read the complaint by Eric M. George of Ellis George LLP.

Torridon Law PLLC in Washington, D.C. also represents the Brandeis Center.

In addition to First Amendment protections, the Brandeis Center lacks standing ​​as it does not allege that UC Berkeley’s response to the bylaws was motivated by antisemitism, said Heckenlively. “Indeed, by the plaintiffs’ telling, the university swiftly denounced the bylaws, offered support to Jewish members of the university community, and took action where it could by declining to award academic credit from the university for groups that had adopted the bylaws,” the attorney added. The Louis D. Brandeis Center Inc. et al. v. Regents of the University of California et al., 3:23-cv-06133-JD (N.D. Cal., filed Nov. 28, 2023).

A hearing on the motion to dismiss is scheduled for March 28 before U.S. District Judge James Donato in San Francisco.

Brandeis Center President Alyza Lewin said in an email Tuesday that she trusted the court to compel UC Berkeley to comply with federal law. She added that, contrary to what university leadership wants people to believe, the allegations against UC Berkeley are not speech-related.

“These groups are not banning a topic, they are banning people. They are not prohibiting members from holding events on Israel or speaking about Israel, they are banning anyone who believes Israel has a right to exist from speaking on any topic … making it impossible for Jewish students who feel connected to Israel as part of their identity to serve as leaders in their organizations,” said Lewin.

The American Bar Association’s House of Delegates voted on Monday to require law schools to enact explicit free speech protections to maintain accreditation. Schools must adopt a policy that would allow faculty, students, and staff to communicate “controversial or unpopular ideas,” according to a statement from the association.