san francisco — The American-Arab Anti-Discrimination Committee is challenging a new California law aimed at protecting Jewish students from discrimination, but teachers and student plaintiffs say it is unconstitutionally vague and violates their rights to free speech.
The federal complaint, filed Sunday in San Jose, seeks to invalidate Gov. Gavin Newsom’s legislation It occurred last monthAnd creating a civil rights office to help schools identify and prevent anti-Semitism. State lawmakers approved the legislation as political tensions erupted in the United States Israel’s war in Gaza.
The new law, which takes effect on January 1, does not specify Anti-Semitism But it gives teachers the impression that they can be accused of discrimination “if they expose their students to ideas, information and educational materials that could be considered critical of the State of Israel and the philosophy of Zionism,” according to the complaint.
Janine Younes, national legal director at the American-Arab Anti-Discrimination Committee, says the lack of guidance has a chilling effect on freedom of expression among teachers.
“They censor themselves extensively because they don’t know what will get them into trouble,” she said.
The lawsuit was filed on behalf of teachers and students in California public schools, and Educators for Justice Los Angeles in Palestine.
In the complaint, middle school science teacher Jonah Olson says students in his rural, predominantly Christian district often ask him what it means to be Jewish. He responds in part by saying that his Judaism does not include support for the state of Israel, and he now fears he will violate that law.
Parents who are part of the lawsuit say they fear their children will be prevented from learning about different viewpoints on Israel, Palestine and the Middle East.
Students in public schools across the country are generally protected from discrimination by state, federal and district policies, but supporters of the law say they need to do more amid rising harassment and bullying against Jewish and Israeli students.
The Anti-Defamation League, which supports the new law, said 860 anti-Semitic acts such as harassment, vandalism and assault were reported last year in non-Jewish K-12 schools across the country. This number represents a 26% decrease from the previous year but is significantly higher than the 494 recorded in 2022.