California law seeking to shield Jewish students from antisemitism challenged on free speech grounds

The American-Arab Anti-Discrimination Committee is challenging a new California law designed to protect Jewish students from discrimination 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 Gov. 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 U.S. over Israel’s war in Gaza.

The new law, which takes effect Jan. 1, doesn’t 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.

Jenin Younes, national legal director of 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 in 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, Palestine and the Middle East.

Students in public schools nationwide are generally protected against discrimination through state, federal and district policies, but supporters of the law say they needed 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% decrease from the previous year but much higher than the 494 reported in 2022.