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March 28, 2011

Fighting Back Against Campus Anti-Semitism

By Kenneth L. Marcus

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One day last March Jessica Felber, then 20, a Jewish undergraduate at the University of California at Berkeley, was standing on her campus, holding a placard bearing the words: "Israel Wants Peace."  At that moment, Husam Zakaria, a Berkeley student leader of Students for Justice in Palestine, reportedly rammed Felber from behind so hard with a loaded shopping cart that she had to be taken to the university's urgent medical care facility.  This violent episode has become sadly emblematic of a wave of anti-Israel and anti-Semitic incidents that have rippled across the country, nowhere more so than in the "Golden State," which has become an epicenter for the New Anti-Semitism in America.  What makes this case different is that Felber fought back, charging this month in a federal lawsuit that UC Berkeley has ignored mounting evidence of anti-Jewish animus and should be held liable for the injuries she suffered.  Her  suit also contends that "physical intimidation and violence were frequently employed as a tactic by SJP and other campus groups in an effort to silence students on campus who support Israel".

Sixty miles or so south of Berkeley along the Pacific coast, University of California Santa Cruz lecturer Tammi Rossman-Benjamin makes a similar case against her own employer.  For several years, Rossman-Benjamin has spoken out against anti-Semitism and anti-Israelism at the University of California, but she insists that the problem is not limited to a few rogue students:  "Professors, academic departments and residential colleges at UCSC promote and encourage anti-Israel, anti-Zionist and anti-Jewish views and behavior," she insists, "much of which is based on either misleading information or outright falsehood."  Rossman-Benjamin describes an atmosphere at Santa Cruz in which taxpayer-supported, university-sponsored discourse that "demonizes Israel, compares contemporary Israeli policy to that of the Nazis, calls for the dismantling of the Jewish State, and holds Israel to an impossible double standard - crosses the line into anti-Semitism..."  Like Felber, Rossman-Benjamin is fighting back.  The Santa Cruz whistle-blower filed a civil rights action with the U.S. Department of Education's powerful Office for Civil Rights, arguing that UCSC has created a hostile environment for Jewish students.  Last week, OCR sent a powerful signal to academia when it informed Rossman-Benjamin that it is formally opening an investigation of her claims.

The Jessica Felber and Tammi Rossman-Benjamin stories are just the tip of the iceberg.  Over the last decade - since 9/11 and the start of the Second Intifada - there has been a persistent drumbeat of allegations by students and professors at many university campuses across the country.   It is true that most Jewish students will not face these problems, particularly if they avoid visibly associating themselves with the Jewish state or with Jewish institutions.  Moreover, the reported incidents are disproportionately concentrated in coastal states and on highly politicized campuses, especially in California.  Neverthless, problems are continually arising even on campuses like Indiana University which do not seem to fit the profile. In its widely read 2006 report on "Campus Anti-Semitism," the U.S. Commission on Civil Rights observed that anti-Semitism had once again become a "serious problem" at many post-secondary institutions nation-wide.  In numerous cases, Jewish and Israeli students, particularly if they are outspoken supporters of Israel, have been physically accosted or confronted with a mix of classic anti-Jewish stereotypes and "progressive" anti-Israel defamations.  While it is difficult to quantify the extent of the problem - in part because of the dismal state of reporting on this issue - there is much support for the conclusion that Gary Tobin and Aryeh Weinberg reached in  their book, The Uncivil University; i.e.,anti-Semitism has now become systemic throughout American higher education,   even on the quieter  campuses.  Since 2006, the problem has only gotten worse, as old-fashioned bias has entered into the university-centered international campaign to delegitimize the Jewish State through boycotts, divestment and sanctions.

Interestingly, this problem does not reflect a broad-based resurgence of anti-Semitic attitudes on college campuses, nor does it even suggest a widespread collegiate rejection of Israel in favor of the Palestinian cause.  Jewish students have never been more highly regarded by their peers and are now more favorably viewed than nearly any other religious group.  Israel also remains relatively popular on many campuses, although its favorability appears to be diminishing.  The problem is that a small minority of anti-Israel and perhaps anti-Semitic academics have gained disproportionate influence on many campuses.  This relatively small group has been the source of the bulk of the problems facing Jewish students.  The means by which they have done so is the subject of a study which the Institute for Jewish & Community Research is now in the process of completing.

Until very recently, too little was done to address this problem.  University leaders, with only a few conspicuous exceptions, have largely been silent and passive in the face of mounting hate and bias.  In many cases, administrators are uncomfortable dealing with a bigotry which is associated with the political left and which is often espoused by Arab or Muslim minority students.  University officials are clearly more comfortable speaking out against anti-black or anti-gay bias, especially when it is associated with white racists or right-wing groups.  Since the new anti-Semitism is entwined with progressive and Muslim anti-Israel rhetoric, it is too closely associated with core university constituencies to be confronted without political danger to risk-averse administrators.  It is generally easier to dodge the issue or to hide behind the First Amendment even in cases in which violence or physical intimidation are used.  In fairness to the administrators, their job is made even harder when the Jewish community is conflicted, as it often is when it comes to Israel or when progressive politics conflict with the interests of Jewish students.

Felber and Rossman-Benjamin stand apart because they are taking a fight-back strategy.  This represents an important departure for a community which has often been divided between accomodationist and defensive positions.  The former camp within the Jewish community has tended to deny or minimize anti-Semitism, to shrink from conflict or controversy, and to seek ways to compromise with or accommodate their attackers.  The latter camp has tended to defend Israel, arguing with increasing frustration that Israel is not guilty of the outrageous charges that are lodged against it.  Factual defenses are invariably futile against an animus which is not factually based.  The fight-back strategy, by contrast, is to engage the anti-Israel and anti-Semitic belligerents vigorously but non-defensively.  As Harvard University professor Ruth Wisse once wisely urged, “Never defend! Never defend!  Never defend!”  Felber and Rossman-Benjamin are game-changers precisely because their actions have equally rejected both denial and defensiveness.

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Rossman-Benjamin’s case is notable because it is bringing accountability not only to the university but also to the federal government.  She filed her case with the Office for Civil Rights arguing that Santa Cruz violated Title VI of the Civil Rights Act of 1964.  That’s the same statute that bars racial segregation in the public schools, but it applies more broadly to racial and ethnic discrimination in federally funded programs.  This is an interesting strategy, because until recently OCR refused to apply title VI against anti-Semitism.  In 2004, when I headed OCR during the George W. Bush administration, we established a new policy under which many forms of anti-Semitism would be addressed as ethnic discrimination. 

It is important to understand that this approach does not require (or even permit) universities to censor or regulate speech which is protected under the First Amendment.  As OCR had announced not long before the 2004 policy guidance, OCR policies should never be interpreted in a manner which conflicts with constitutional protections for speech and expressive conduct.  In some limited circumstances, as where an imminent threat of lawless activity is posed, public institutions can regulate otherwise protected speech activities.  In other situations, if a hostile environment is created by protected speech, the institution must ameliorate the environment without interfering with the speaker’s legal prerogatives.  In those cases where institutions are constitutionally barred from penalizing the harasser, they must nonetheless effectively address the situation.  There are countless actions which the university could take, such as issuing formal statements condemning the discriminatory conduct, developing educational resources to demonstrate the irrationality of the biased statements, and providing counseling for students who are adversely effected.

This approach proved controversial with my successors and was quietly discontinued between roughly 2005 and 2010.  OCR officials were understandably squeamish about taking any action that seemed to treat Jews as a separate race or nation, given the genocidal consequences which had followed from that thinking during the prior century.  This was, however, a misunderstanding of the applicable law.  Under the Supreme Court’s current approach to interpreting racial and ethnic categories, the question is not whether Jews are a distinct racial or ethnic category in contemporary terms but whether they bear the characteristics which the Equal Protection Clause was established to protect from discrimination.  During that period, OCR dismissed the high-profile investigation of the University of California at Irvine which had been opened at my direction in 2004.  In October 2010, after a lengthy campaign by the Institute for Jewish & Community Research and other organizations, OCR capitulated and agreed that it would investigate anti-Jewish discrimination just as it accepts cases brought by other minorities.  The question now is whether the Obama administration will enforce the policy that it has issued even in cases where the perpetrators are associated more with the left than with the right. 

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Kenneth L. Marcus is Executive Vice President of the Institute for Jewish & Community Research and author of Jewish Identity & Civil Rights in America (Cambridge 2010).



Comments (4)

DR.Rivka Shpak Lissak:

Palestinian Students in the U.S are very agressive and Jewish students should fight back.

The best way:bringing the true facts about the Israeli - Palestinian conflict to all students on campus.

On my web site you will find articles on the history of the land of Israel, geographical history of villages in the Galilee, and articles on current issues.
Jews numbered more than 3,000,000 before the Great Revolt (66 - 70 CE). Until 640 only 200,000 survived.
You will find out that until the 14th century Aramaic- Christians - not Arabs, were the majority. in the 16th century the poplulation numbered about 206,900, not all of them Arabs.
Its all free
http://www.rslissak.com

Dr.Rivka Shpak Lissak:

http://rslissak.com/content/pa-uses-un-side-stepping-road-avoid-negotiations-drrivka-shpak-lissak

This article has the best answer Jewish students can give against the Palestinian incitement against the "Israeli Occupation"

It could ended years ago if the Palestinians really wanted to compromise and make peace.

Martin L Norton, MD,JD:

This is a superb article. However, where was it published? Who was it addressed, and mailed to? Have you obtained colleagues in other organizations, etc. to address the matter and communicated so with polically powerful parties asking their support in addressing this topic?
MLN

Edison, NJ 1 min ago

Those following this site can read my previous messages. I have been a part time lecturer in the Department of Communication for over 20 years. My rate your professor is 4.9 out of 5.0. I have had very high evaluations throughout my career. In 36 years of teaching Public Speaking on the University level I never had issues with a department until this past year. I was accused by an unnamed student of using my twitter and utube in class to teach. Several days ago the Home News Tribune had an article stating that this form of media is being used in all facets of education across the country. Why was I singled out? I was bullied and harrassed by the department chair at this meeting. Students in all my classes (I teach 3 in the fall, 2 in spring, 1 in summer) all wrote the chairman and the deans that they found what I did educational. As other professors do, I used my own textbook on Speech in addition to the required one. At this meeting I was also accused of selling it directly to students instead of through the bookstore. I immediately correctly that mistake. It now costs students an additional $15 (which the Rutgers bookstore makes in profit). I feel my book is better and so do the students.
I was yelled at, berated, harrassed and bullied. This was the first time this ever happened to me.
I was then asked out of the blue if I took the anti harrassment test which everyone has to take. Because I made a joke , I was harrassed some more. I took this test and passed in the past.
My summer course has been taken away from me without notice (I taught this for around 10 summers). I was not even given the moral courtesy of notification. I only found out through a student. All my classes are always filled to capacity and one needs special permission numbers to get in.
Now no one in the department will let me know if I am teaching this fall. This is a large part of my livelihood.
No one will reveal who this student was (if there was one). The only reason I can think of for a complaint would be that this student who dropped out after the first day of class was anti-Semitic. Why would a students present a written complaint against an instructor after one day of class? I am the only male teacher whom I know of who wears a skullcap every day in this department. I have been treated rudely as a clergyman. I have been the Rabbi of Congregation Beth El in Edison for 23 years.
I feel that this all began because of my religion.
Rabbi Dr. Bernhard Rosenberg

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