California Judge Blocks Challenge to State K-12 Antisemitism Law

A US federal judge in California has struck down a challenge to the state’s new K-12 antisemitism law, a measure which established a new Office for Civil Rights and other protections for Jewish students.

The law, also known as Assembly Bill 715 (AB 715), is California’s response to an epidemic of antisemitism in K-12 schools, which, as The Algemeiner has previously reported, has produced a slew of complaints alleging civil rights violations. It calls for creating an Antisemitism Prevention Coordinator, setting parameters within which the Israeli-Palestinian conflict may be equitably discussed, and potentially barring antisemitic materials from reaching the classroom.

Since its signing by Gov. Gavin Newsom in October, the law has been challenged by individuals and groups who argue that it violates the First Amendment. One such party is middle school teacher Andrea Prichett, who sued the state government in November to halt the law’s implementation. She was joined by the “LA Educators for Justice in Palestine” group, which has advocated adding “ethnic studies” programs to K-12 schools widely criticized for not only teaching a biased, anti-Israel history of the Israeli-Palestinian conflict but also allegedly promoting other concepts that foster racial division and grievance.

In the suit, Prichett argued that the K-12 antisemitism law was “hastily written” and “singled out for punishment” anti-Zionist viewpoints. She also criticized the law because it “empowers anyone to file a complaint claiming classroom content and instructional materials criticize Israel and Zionism,” preventing teachers “from freely discussing these critical issues.”

Writing in Wednesday’s decision, Judge Noël Wise, appointed by former US President Joe Biden in 2024, said the plaintiffs’ argument is specious.

“With the enactment of AB 715, this yet to be appointed Antisemitism Prevention Coordinator will eventually be involved in how local schools ‘handle’ antisemitism. While this may include the administration of antisemitic discrimination complaints, it does not follow that the complaints will be judged more harshly than current complaints,” she wrote. “Plaintiffs have not shown that the mere existence of AB 715, even with its forceful precatory language about antisemitism, means public school administrators will be more likely than they are now to find that antisemitism complaints are meritorious.”

Furthermore, Wise noted that even if what Prichett and LA Educators for Justice in Palestine is true, it fails legally for asserting public teachers’ right to unfettered free speech, which does not exist for government employees while they are at work. Teachers may comment on matters of public interest, she explained, citing past jurisprudence by the US Supreme Court, but it cannot interfere with government’s advancing its “legitimate interests.” When they speak in the classroom or on a public school campus, Wise stressed, they do so not as private citizens but as state officials speaking “with the voice of the government” — a fact which allows government to steer or proscribe what is said on its behalf.

She continued, “As public school education belongs to the government, the government may regulate Teacher Plaintiffs [sic] speech to accord with the government’s education goals. It is of no significance that the curricula and the attendant speech required to teach it may advance a single viewpoint to the exclusion of another.”

Jewish civil rights groups on Wednesday commended the decision for drawing on established legal precedent and affirming California’s right to fight discrimination.

“The court correctly acknowledged that public school teachers do not have free speech rights in the classroom, because when they deliver lessons to students they are speaking on behalf of the government,” said Carly Gammill, director of legal policy and litigation at StandWithUs Saidoff Law. “While teachers can speak freely in their private lives, they cannot use K-12 public education as a platform for bigotry against Jews or other groups. School districts and state officials have both a right and a responsibility to protect students from instruction that crosses the line into antisemitism.”

The American Jewish Committee also issued a statement, with its chief executive officer Ted Deutch saying, “Public schools need to be welcoming to all, including Jews, and must not be used as platforms for teachers to express individual political views. Bias and discrimination that can lead to outright antisemitism has no place in California — or any — classrooms.”

Antisemitic incidents in California schools include vandalism and assault. The list of outrages includes a student group chanting “Kill the Jews” during an anti-Israel protest and partisan activists smuggling far-left, anti-Zionist content into classrooms without clearing the content with parents and other stakeholders.

Elsewhere in California, K-12 antisemitism has caused severe psychological trauma to Jewish students as young as eight years old and fostered a hostile learning environment.

In Berkeley United School District (BUSD), teachers have allegedly used their classrooms to promote antisemitic stereotypes about Israel, weaponizing disciplines such as art and history to convince unsuspecting minors that Israel is a “settler-colonial” apartheid state committing a genocide of Palestinians. While this took place, high level BUSD officials were accused of ignoring complaints about discrimination and tacitly approving hateful conduct even as it spread throughout the student body.

At Berkeley High School (BUSD), for example, a history teacher forced students to explain why Israel is an apartheid state and screened an anti-Zionist documentary, according to a lawsuit filed last year by the Louis D. Brandeis Center for Human Rights Under Law and the Anti-Defamation League (ADL). The teacher allegedly squelched dissent, telling a Jewish student who raised concerns about the content of her lessons that only anti-Zionist narratives matter in her classroom and that any other which argues that Israel isn’t an apartheid state is “laughable.” Elsewhere in the school, an art teacher, whose name is redacted from the complaint for matters of privacy, displayed anti-Israel artworks in his classroom, one of which showed a fist punching through a Star of David.

California is not alone in dealing with the issue. Pennsylvania has a significant K-12 antisemitism problem as well, a fact acknowledged recently by a surrogate of the administration of Gov. Josh Shapiro following the US Congress announcing an investigation into antisemitism in the School District of Philadelphia (SDP) and a disturbing anti-Israel statement at a high school in the Wissahickon School District.

“Governor Shapiro takes a back seat to no one on these issues, and as he has repeatedly spoken out about antisemitism, and this kind of hateful rhetoric is unacceptable and has no place in Pennsylvania — especially not in our classrooms,” Rosie Lapowsky, a spokesperson for Shapiro, said in a statement first shared with Fox News Digital in Dec. “This is a matter the governor has made clear the district needs to take very seriously.”

Follow Dion J. Pierre @DionJPierre.