Dan Ojeda, university counsel for San Francisco State, responded with a brief statement soon after the lawsuit was filed Monday in the U.S. District Court of the Northern District of California: “The University was not aware of the complaint and has not had an opportunity to review or respond to it.
“We have been working closely with the Jewish community, among other interest groups, to address concerns and improve the campus environment for all students. Those efforts have been very productive and will continue notwithstanding this lawsuit.”
The suit comes at a time when Muslims and other groups feel increasingly vulnerable, and as debate heats up over free speech and academic freedom on campuses nationally, after controversial speakers have been canceled, protested and shouted down on some campuses — and have even sparked violence and rioting.
“As we already know with all sorts of free-speech issues on campus, there is a tactic to silence people with whom extreme members of society don’t agree,” said Amanda Berman, director of legal affairs with the Lawfare Project. “There’s a sense that people don’t have a right to speak if certain communities don’t want that message to get out.”
The lawsuit also comes amid rising reports of anti-Semitic acts on college campuses, as well as strong anti-Israel movements at many schools. The Pew Research Center recently reported that while older Americans support Israel rather than Palestinians by at least a 3-to-1 ratio, more than a quarter of millennials support Palestinians and fewer than half support Israel.
The Anti-Defamation League reported a 34 percent increase in anti-Semitic incidents nationally from 2015 to 2016, and a spike of 86 percent in the first quarter of 2017.
Several student groups at San Francisco State complained in May that they had found dozens of posters on campus that they said were racist, Islamophobic, anti-Arab and anti-Palestinian.
Mandel’s perception was that he didn’t have the same rights as any other students on campus simply because he was Jewish. He said he was often stared down, verbally harassed and confronted by people because of his religion and that the administration was dismissive of his formal complaints.
He doesn’t want to target the students who would shut down their events with protests, he said. While he disagrees with their opinions, he said, he supports their right to speak.
“Without this lawsuit, Jewish students will remain marginalized on San Francisco State’s campus,” he said. “Without it, nothing will be done.”
The suit alleges that the school has violated the plaintiffs’ constitutional rights to free speech and equal protection, as well as a provision of the Civil Rights Act.
Lawyers for the students hope the case will set a precedent.
“Title VI of the Civil Rights Act of 1964 is the underpinning of the modern American ethos of equal protection and anti-discrimination. This case isn’t about Jews, it’s about equal protection under the law,” Brooke Goldstein, director of the Lawfare Project, said in a written statement. “If the courts fail to apply Title VI in this context, we are creating a massive loophole that will ultimately be exploited at some point to target other marginalized minority communities. If we refuse to enforce anti-discrimination law for Jews, if we say Jews don’t deserve equal protection, it will erode constitutional protections for everyone.”
About 2,000 of San Francisco State’s 26,000 undergraduates are Jewish, according to Hillel International.
The lawsuit grew out of a confrontation in April 2016 when Nir Barkat, the mayor of Jerusalem, was invited by SF Hillel to speak. Protesters yelled chants such as “Get the f— off our campus” and “Long live the intifada! Intifada, intifada!” using a microphone and bullhorns to drown out the speaker. Barkat left when police — acting on a “stand-down” order from university officials, according to the lawsuit — did not quiet the protesters.
The lawsuit describes what it calls a decades-long history of anti-Semitism on campus, including the formation of an active Palestinian student group in the early 1970s and an example from 1994 when the suit claims a 10-foot mural appeared on the student union building with “yellow Stars of David intertwined with dollar signs, skulls and crossbones, and the words ‘African Blood.’” According to the lawsuit, “the mural had to be sandblasted, with sixty police officers in riot gear positioned to protect the sandblasters from an angry mob who wanted the mural to be left untouched.”
The suit alleges that Jewish student groups are consistently denied permission to host events or tables promoting their groups on campus, and that when they do host events, they are “systematically shut down by raucous mobs.”
It claims that university leaders promoted free speech when, in 2013, a pro-Palestinian student group wrote two messages around campus: “My heroes have always killed colonizers” and “Resistance is not terrorism,” with a portrait of a woman who hijacked planes holding a machine gun. It claims that the university did not take action when the leader of a pro-Palestinian student group wrote messages several years ago promoting killing online, and when an Israeli student reported violent online threats made against her by a student in one of her classes.
Hillel was not allowed to participate in a “Know Your Rights” event on campus in February intended to help “vulnerable populations who may be feeling targeted in the new political climate in the country since the presidential election,” according to the lawsuit.
The lawsuit says the university’s president promised to “lead a universitywide effort to seek solutions to the anti-Semitism on this campus” in May, but that university leaders have failed to follow through on similar statements in the past.
The lawsuit seeks, among other things, an injunction to enjoin the university from penalizing, discriminating against or violating the free speech of Jewish students and community members; and damages for discrimination and emotional distress.
Lawrence M. Hill, an attorney for the plaintiffs, said in a written statement: “When our Universities, that are supposed to be institutions of tolerance and freedom of expression, foment prejudice and suppresses free speech we cannot stand idly by.
“College students are America’s future. Their minds shouldn’t be poisoned with hate and their voices shouldn’t be silenced by a mob.”
Update on June 21: San Francisco State University officials have released this statement in response to the suit.
The University, and its community of 35,000 students, faculty and staff, strives to cultivate a safe and welcoming environment where all members of our community can engage in the free expression of ideas and viewpoints without infringing on the academic opportunities and rights of others.
We condemn all forms of hate and anti-Semitism, and will continue to work tirelessly to protect the rights of all campus community members. The disruption of the event featuring Jerusalem Mayor Nir Barkat in spring 2016 and bias incidents that were reported this year were ugly reminders that anti-Semitism, like all forms of discrimination, is real and our community has work to do.
That said, the University strongly disagrees with the allegations in the complaint filed yesterday. Instances of intolerance or anti-Semitism are neither promoted nor tolerated at SF State by the president or by administrators. San Francisco State University is deeply committed to the elimination of anti-Semitism in our community and to fostering a safe and welcoming campus for our Jewish students. When such instances are brought to the attention of administrators, they are investigated impartially and action is taken in accordance with resulting findings.
Lawsuits seeking to force SF State to both protect free speech and assure diversity and inclusion are unnecessary and redundant. SF State remains committed to furthering free speech and defeating discrimination, including anti-Semitism. Rather than litigation, we welcome the plaintiffs, and any other organizations similarly committed to these ideals, to join us in pursuing that objective.
We urge those who are concerned with issues related to anti-Semitism to focus on the substantive actions in which the University is and has been engaged to improve the campus environment for all students, and specifically our Jewish students.
Actions completed or underway include:
- Training for staff, new students, student groups, University Police and others across the University.
- Implementation of a five-point protocol for managing protests and disruptions to assure the exercise of protected free speech for all.
- Creation of a President’s Task Force on Campus Climate.
- Creation of a new senior position to ensure student protections, the Assistant Vice President for Equity and Community Inclusion.
- Update to the campus free speech policy to, among other things, include a new section addressing handbill posting requirements on campus by both internal and external groups.
- A comprehensive and substantive investigation into the alleged exclusion of Hillel students from the Know Your Rights Fair this spring.
- Development of a series of community conversations led by faculty to foster dialogue and explore issues of campus climate.
- Adoption of a Principles of Community statement, grounded in the University’s strategic plan, that includes a clear and public statement of principles against intolerance.
We invite all our students and our community, and specifically our Jewish students and community, to join us in these substantive and proactive measures. We will pursue these actions regardless of any legal challenge or distraction, with the expectation and goal of offering an inclusive and welcoming environment for all out students. Should there be any doubt as to the commitment to this goal, we invite you to read the recent statement on the topic by President Wong[news.sfsu.edu] – a statement that predates our knowledge of this lawsuit.
Julie Zauzmer and Sarah Pulliam Bailey contributed to this report.