Anti-Semitism and Israel Bashing on Campus

U.S. Civil Rights Agency Provides Legal Weapon To Fight Campus
Anti-Semitism And Israel-Bashing

by Susan B. Tuchman & Morton A. Klein
Friday, April 28, 2006

If you're a Jewish college student, you no longer have to tolerate
anti-Semitism or Israel-bashing on your campus. You are protected under
our federal civil rights laws. These were the landmark conclusions of
the U.S. Commission on Civil Rights, an independent federal agency that
analyzes information about discrimination, and reports its findings and
recommendations to the President and Congress.

In November 2005, the Commission held its first-ever hearing on the
issue of campus anti-Semitism. One topic was the Zionist Organization of
America's precedent-setting civil rights complaint on behalf of Jewish
students at UC Irvine, who have faced a pattern of anti-Jewish hostility
that university administrators have known about but have failed to
adequately address. Based on the hearing, the Commission recently issued
historic findings and recommendations that both Jews and non-Jews can
applaud.

According to the Commission, the problem of campus anti-Semitism is
"serious." In addition to name-calling, threats, assaults, and the
vandalism of property, hatred toward Jews is being expressed on campus
in subtler ways. Zionism - the expression of Jewish rights and
attachment to the historic homeland of Israel - is being unfairly
mischaracterized as racism.

Israel is being demonized and illegitimately compared to Nazi Germany
and apartheid South Africa, and its leaders are being compared to
Hitler. At UC Irvine, annual campus events (titled "Anti- Zionist Week"
and the misnomer "Israel Awareness Week") have been regular
opportunities to attack Jews,
Zionists and those who support Israel's right to exist as a sovereign
Jewish state.
Signs have equated the Star of David with the swastika, and depicted it
dripping with blood. Speakers have portrayed Jews as overly powerful and
conspiratorial; one referred to "the Jewish lobby" as a "den of spies."
At San Francisco State University, fliers depicted a baby with the
caption "Palestinian Children Meat - Slaughtered According to Jewish
Rites Under American License." The Commission rightly condemned all this
conduct as anti-Semitism, finding that "[a]nti-Semitic bigotry is no
less morally deplorable when camouflaged as anti-Israelism or
anti-Zionism."

The Commission also recognized that Jewish students face harassment
inside the classroom. Many academic departments present a one-sided,
anti-Israel view of the Middle East conflict, squelching legitimate
debate about Israel. According to a Jewish student at Columbia
University, her professor said that she had no claim to the Land of
Israel because she had green eyes and therefore could not be a Semite.
In response to such incidents, the Commission recommended that academic
departments "maintain academic standards, respect intellectual diversity
and ensure that the rights of all students are fully protected."

According to the Commission, "severe, persistent or pervasive" anti-
Semitism on campus may violate Title VI of the Civil Rights Act of 1964.
Title VI requires that colleges and universities ensure that their
programs and activities are free from harassment, intimidation and
discrimination based on "race, color, or national origin."

Otherwise, they risk losing their federal funding. The Commission
recognized that Jews are protected under Title VI because they are an
ethnic group sharing a common ancestry and heritage.

The Office for Civil Rights (OCR) in the U.S. Department of Education
ensures that colleges and universities comply with Title VI. The
Commission recommended that OCR vigorously enforce Title VI to protect
Jewish students from anti-Semitism.

The Commission also urged university leaders to denounce anti- Semitic
and other hate speech. Some have already done so: When a cartoon mocking
the Holocaust was published in a Rutgers student newspaper, the
university president publicly recognized that although the publication
was constitutionally protected, it was hurtful to the community and
inconsistent with the university's values. He urged the students
involved to take responsibility for their actions, and succeeded in
getting them to apologize for the hurt they caused to the community.

Not all university leaders have exercised the same moral leadership.
Some have remained silent in the face of anti-Semitic speech and
conduct, justifying their silence by saying that offensive behavior is
constitutionally protected. Of course, we must all stand up for free
speech and vigorous debate - especially on a college campus where the
exchange of ideas should be encouraged.

But hateful, degrading and demeaning speech is hateful, degrading and
demeaning no matter where it occurs. We can't lose our common sense
about what is hateful and harmful just because it is expressed on a
college campus. If college officials remain silent, they help perpetuate
the bigotry. And their silence contributes to making the targets of the
hate feel even more marginalized and unwelcome.

What should you do if you are experiencing anti-Semitism on your campus
to the point that the environment feels hostile or intimidating? First
you should try to resolve the problem internally, by working with
university officials to create an atmosphere that is tolerant and
respectful.

While colleges and universities must uphold the right of free speech,
they have a legal obligation to provide you with an educational
environment that is free from harassment, intimidation and
discrimination. If working with university officials fails and the
hostile environment persists, then you can and should file a complaint
with the Office for Civil Rights (visit www.ed.gov/ocr .)

More information is forthcoming. The Commission has recommended that OCR
conduct a public education campaign, and it will be distributing its own
materials to inform students of their rights. Hillel directors should be
getting the mes sage out to college administrators and to their Jewish
constituents. The ZOA will be undertaking its own nationwide effort to
inform Jewish students and college administrators that anti-Semitism is
illegal, and that students have legal tools to fight it.

Whatever your campus experience, if you are a Jewish student, it's
important to know that the Civil Rights Commission has staked out its
position firmly supporting your right to be free from campus
anti-Semitism. You have the right to obtain your education in an
atmosphere that is conducive to learning and that does not intimidate or
harass you because you are Jewish or support Israel.

(Susan B. Tuchman, Esq. is the Director of the Zionist Organization of
America's Center for Law and Justice, and testified before the U.S.
Commission on Civil Rights' hearing on campus anti-Semitism on November
18, 2005. Morton A. Klein is the National President of the Zionist
Organization of America and is a frequent speaker on college campuses.)
_________________
"May God have mercy upon my enemies, because I won't." -General George S. Patton

Psalm 82-8: Arise, O God, judge the earth, for You inherit all the nations.