Fight to block California antisemitism law ends in defeat

Teachers and students said the bill was unconstitutionally vague, but they ultimately failed to show how it was discriminatory or curbed free speech.SAN JOSE, Calif. (CN) — A federal judge dismissed a lawsuit filed by school teachers and students Tuesday, saying a new California bill that prevents antisemitism can be enforced.U.S. District Judge Noel Wise granted California’s motion to dismiss the plaintiff’s second amended complaint with prejudice.“The court’s reading of the current case law is that a plaintiff must point to instruction or lessons they otherwise would have received in order to allege a deprivation of the First Amendment right to receive information,” Wise wrote in her 10-page ruling.“Student plaintiffs have not alleged that they were going to receive information related to Israel and Palestine and now will not."Effective Jan. 1, Assembly Bill 715, which amended and added to California’s education code, seeks to curb the “widespread surge in antisemitic discrimination, harassment and bullying” of Jewish and Israeli American students. It also establishes a statewide antisemitism prevention coordinator for public schools, through the state’s newly created Office of Civil Rights. The governor-appointed post has yet to be filled.“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,” Wise, a Joe Biden appointee, wrote.Teachers, students and the American-Arab Anti-Discrimination Committee filed the lawsuit this past November, claiming the bill was unconstitutionally vague and violated free speech rights for teachers and students.“For student plaintiffs to succeed on their equal protection claim, they must show that AB 715 has a discriminatory effect and was motivated by a discriminatory purpose,” wrote Wise. “As an initial matter, AB 715 does not discriminate on the basis of religion,” she wrote.On Dec. 31, the court denied the plaintiffs a preliminary injunction, partly because the plaintiffs’ claims weren’t ripe, but also because teachers don’t have the same First Amendment rights in the classroom as private citizens do, said Wise. The plaintiffs appealed the ruling to the Ninth Circuit briefly but ultimately decided to amend their complaint.“This ruling affirms what we’ve said from the start: AB 715 is a critical and constitutionally sound tool to address antisemitism in schools, alongside protections the Legislature has extended to other forms of discrimination through companion legislation,” Jewish California CEO David Bocarsly said in a statement. “We’re grateful to the attorney general’s office and our pro bono partners at Willkie Farr & Gallagher for their steadfast defense of this law.”Attorneys representing the plaintiffs did not respond to a request for comment by press time.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads