California law on antisemitism in schools will be enforced after free speech challenge is defeated

It requires local educational agencies to take action if they find that instruction or school-sponsored materials are discriminatory.

By Shira Li Bartov, JTA

A California law to prevent antisemitism in schools will be enforced after a federal judge dismissed a challenge from teachers and students who said it violated free speech.

U.S. District Judge Noël Wise on Tuesday ruled against a lawsuit opposing Assembly Bill 715, which went into effect in January.

The new law introduces measures to curb the “widespread surge in antisemitic discrimination, harassment, and bullying” faced by “Jewish and Israeli American pupils across California.”

As part of the law, California is establishing an Office of Civil Rights with a new statewide antisemitism prevention coordinator for public schools, who has not yet been appointed.

The law mandates teachers to provide “factually accurate” instruction rather than “advocacy, personal opinion, bias, or partisanship.”

It requires local educational agencies to take action if they find that instruction or school-sponsored materials are discriminatory.

A group of teachers, students, and the American-Arab Anti-Discrimination Committee filed a challenge in November.

They said the law was unconstitutionally vague, chilled speech in the classroom about Palestinians and discriminated against Palestinian, Arab and Muslim students and perspectives.

Wise said it was too soon to consider these claims, given the uncertainties still surrounding the new Office of Civil Rights, its leadership and how it will define and respond to antisemitism.

She also said that teachers and students did not provide sufficient evidence of infringements on free speech, and teachers could not claim speech rights on the job.

“Teacher Plaintiffs are not acting as private citizens and therefore do not have First Amendment rights while teaching,” Wise said in her ruling.

She also dismissed the claim that the law would discriminate against non-Jewish students.

“The existence of an Antisemitism Coordinator does not change the Office’s overarching purpose to stop discrimination generally; it merely reflects the State’s decision to accord specific funds to a specific problem,” she said.

Malak Afaneh, a staff attorney at ADC, said the group was reviewing the court’s decision and considering its options.

“AB 715 has already caused educators to alter the way they teach out of fear that classroom discussions or activities could trigger complaints or investigations,” Afaneh said in a statement.

“When teachers feel compelled to abandon cultural identity projects or avoid discussions about Palestine, it is students who are denied the opportunity to engage with diverse ideas and perspectives.”

The Jewish Community Relations Council of San Francisco celebrated Wise’s decision as “great news.”

“This ruling, and the fact that the case has been dismissed with prejudice, affirms that AB 715 is a strong, legitimate approach to protecting Jewish students—and all students—against harassment and discrimination,” the group said.