Brandeis Center Complaint 11.28.2023

Case 3:23-cv-06133 Document 1 Filed 11/28/23 Page 1 of 37
11 ELLIS
ELLIS GEORGE
GEORGE CIPOLLONE
CIPOLLONE O’BRIEN LLP
O'BRIEN LLP
Eric M.
Eric M. George
George (State Bar No.
(State Bar No. 166403)
166403)
2
2 egeorge@egcfirm.com
egeorge@egcfirm.com
David J.
David J. Carroll (State Bar
Carroll (State Bar No.
No. 291665)
291665)
3
3 dcarroll@egcfirm.com
dcarroll@egcfirm.com
2121 Avenue
2121 Avenue of the Stars,
of the 30th Floor
Stars, 30th Floor
44 Los
Los Angeles,
Angeles, California
California 90067
90067
Telephone: (310) 274-7100
Telephone: (310) 274-7100
55 Facsimile:
Facsimile: (310)
(310) 275-5697
275-5697
66 John
John V.
V. Coghlan
Coghlan (DC (DC Bar
Bar No.
No. 1020405),
1020405), pro pro hac
hac vice forthcoming
vice forthcoming
jcoghlan@egcfirm.com
jcoghlan@egcfirm.com
77 Tara Helfman (DC
Tara Helfman (DC BarBar No.
No. 90009379),
vice forthcoming
thelfman@egcfirm.com
thelfman@egcfirm.com
88 1155
1155 FF Street, NW, Suite
Street, NW, Suite 750
750
Washington, DC
Washington, DC 20004
20004
99 Telephone: (202) 249-6900
Telephone: (202) 249-6900
Facsimile: (202)
Facsimile: (202) 249-6899
249-6899
10
10
THE LOUIS D.
THE LOUIS D. BRANDEIS
BRANDEIS CENTER CENTER FOR FOR HUMAN
HUMAN RIGHTSRIGHTS UNDER
UNDER LAW,
LAW, INC.
INC.
11 Kenneth L.
11 Kenneth L. Marcus
Marcus (DC (DC Bar
Bar No.
No. 437391),
vice forthcoming
klmarcus@brandeiscenter.com
klmarcus@brandeiscenter.com
12 L. Rachel
12 L. Rachel Lerman
Lerman (State Bar No.
(State Bar No. 193080), membership application
193080), membership application pending
pending
1717 Pennsylvania Ave.,
1717 Pennsylvania NW, Suite
Ave., NW, Suite 1025
1025
13 Washington, DC
13 Washington, DC 20006
20006
Telephone: (202) 559-9296
Telephone: (202) 559-9296
14
14
Attorneys for
Attorneys for Plaintiffs
Plaintiffs
15
15
UNITED STATES
UNITED DISTRICT COURT
STATES DISTRICT COURT
16
16
NORTHERN DISTRICT
NORTHERN DISTRICT OF OF CALIFORNIA
CALIFORNIA
17
17
SAN FRANCISCO DIVISION
SAN FRANCISCO DIVISION
18
18
THE LOUIS D.
THE LOUIS D. BRANDEIS
BRANDEIS CENTER,
CENTER, INC.; INC.; Case
Case No.No.
19
19 JEWISH
JEWISH AMERICANS
AMERICANS FOR FOR FAIRNESS
FAIRNESS IN IN
EDUCATION (JAFE),
EDUCATION (JAFE), COMPLAINT FOR
COMPLAINT FOR INJUNCTIVE
INJUNCTIVE AND AND
20
20 DECLARATORY RELIEF
DECLARATORY RELIEF FOR:
FOR:
Plaintiffs,
Plaintiffs,
21
21 1. Violation
1. Violation ofof 42 U.S.C. §
42 U.S.C. § 1983
1983 (the
(the Equal
Equal
vs.
vs. Protection
Protection Clause)
Clause)
22
22
REGENTS OF
REGENTS OF THE UNIVERSITY OF
THE UNIVERSITY OF 2. Violation
2. Violation ofof 42
42 U.S.C. § 1983
U.S.C. § 1983 (Free
(Free
23 CALIFORNIA;
23 UNIVERSITY OF
CALIFORNIA; UNIVERSITY OF Exercise
Exercise Clause)
Clause)
CALIFORNIA
CALIFORNIA AT AT BERKELEY;
BERKELEY; BERKELEY
BERKELEY
24 LAW
24 LAW SCHOOL;
SCHOOL; MICHAELMICHAEL DRAKE,DRAKE, in in his
his 3. Violation
3. Violation ofof 42
42 U.S.C. § 1981
U.S.C. § 1981
official
official capacity
capacity as President of
as President the University
of the University (Interference with
(Interference with Right
Right to
to Contract)
Contract)
25 of
25 of California; CAROL T.
California; CAROL CHRIST, in
T. CHRIST, in her
her
official
official capacity
capacity as as Chancellor
Chancellor of the
of the 4. Violation of
4. Violation of Title
Title VI
VI of
of the
the Civil
Civil Rights
Rights
26 University
26 University of of California, Berkeley; BEN
California, Berkeley; BEN Act of
Act 1964, 42
of 1964, 42 U.S.C. § 2000d
U.S.C. § 2000d et seq.
et seq.
HERMALIN, in
HERMALIN, in his
his official
official capacity as
capacity as
27 Provost
27 Provost of the University
of the University of of California,
California, DEMAND FOR
DEMAND FOR JURY
JURY TRIAL
TRIAL
28
28 Defendants.
Defendants. Trial Date: None
Trial Date: None Set
Set
2337311.2
2337311.2
COMPLAINT
COMPLAINT
11 INTRODUCTION
INTRODUCTION
22 1.
1. This suit targets
This suit targets the
the longstanding,
longstanding, unchecked
unchecked spread
spread of
of anti-Semitism
anti-Semitism at the
at the
33 University
University of
of California Berkeley ("UC
California Berkeley (“UC Berkeley"),
Berkeley”), which,
which, following
following the
the October
October 77 Hamas
Hamas
44 attacks,
attacks, has
has erupted in on-campus
erupted in on-campus displays
displays of
of hatred,
hatred, harassment,
harassment, and
and physical violence against
physical violence against
55 Jews.
Jews. Court intervention is
Court intervention is now
now needed to protect
needed to protect students
students and faculty and
and faculty and to
to end this anti-Semitic
end this anti-Semitic
66 discrimination
discrimination and
and harassment, which violates
harassment, which violates University
University policy, federal civil
policy, federal civil rights laws, and
rights laws, the
and the
77 U.S.
U.S. Constitution.
Constitution.
88 2.
2. Anti-Semitism
Anti-Semitism has been allowed
has been to take
allowed to take root
root and grow at
and grow at the
the UC
UC Berkeley
Berkeley School
School
99 of Law ("Berkeley
of Law (“Berkeley Law"),
Law”), which
which is
is located
located on the UC
on the UC Berkeley
Berkeley campus. For over
campus. For over aa year,
year, student
student
10
10 organizations
organizations at Berkeley Law
at Berkeley Law have been enacting
have been and enforcing
enacting and enforcing policies that confront
policies that confront Jews with
Jews with
11
11 an unthinkable and
an unthinkable and unlawful ultimatum: Disavow
unlawful ultimatum: Disavow an integral component
an integral component of your Jewish
of your Jewish identity—
identity—
12 Zionism—or be
12 Zionism—or be denied the same
denied the same rights
rights and
and opportunities
opportunities enjoyed by other
enjoyed by other members
members of the campus
of the campus
13
13 community. Although UC
community. Although UC administrators
administrators have
have publicly
publicly acknowledged the fundamentally
acknowledged the fundamentally anti-
anti-
14
14 Semitic
Semitic nature
nature of
of such
such policies, they have
policies, they taken no
have taken action to
no action to address them. Even
address them. Even now, in the
now, in the wake
wake
15
15 of
of October
October 7, UC Berkeley
7, UC Berkeley and
and Berkeley
Berkeley Law
Law have failed to
have failed to confront,
confront, much less combat,
much less the anti-
combat, the anti-
16
16 Semitic
Semitic environment their inaction
environment their inaction has fostered. Court
has fostered. Court intervention
intervention is therefore needed
is therefore to put
needed to put an
an
17
17 end to this
end to this anti-Semitic
anti-Semitic discrimination
discrimination and
and harassment, which violate
harassment, which violate University
University policy, federal
policy, federal
18
18 civil
civil rights
rights laws, and the
laws, and the U.S.
U.S. Constitution.
Constitution.
19
19 3.
3. Anti-Zionism is discrimination
Anti-Zionism is discrimination against those who
against those who recognize the Jews’
recognize the Jews' ancestral
ancestral
20 heritage—in
20 heritage—in particular the Jews’
particular the Jews' historic
historic connection to the
connection to the land
land of
of Israel
Israel and the right
and the right of the
of the
21 Jewish
21 Jewish people to self-determination
people to self-determination in their ancestral
in their ancestral homeland—as
homeland—as key
key components
components of their
of their
22 Jewish
22 Jewish identity.
identity. The United States,
The United along with
States, along with at
at least
least forty-two
forty-two other
other nations,
nations, has
has recognized that
recognized that
23 demonizing,
23 demonizing, delegitimizing and applying
delegitimizing and applying aa double
double standard to Israel—all
standard to Israel—all forms
forms of
of anti-Zionism
anti-Zionism
24 that
24 that are
are distinct
distinct from
from criticism
criticism of the State
of the State of Israel or
of Israel or opposition to the
opposition to the policies
policies of the Israeli
of the Israeli
25 government—are
25 government—are forms
forms of anti-Semitism. What
of anti-Semitism. is antisemitism?,
What is antisemitism?, IINT'L
NT’L HOLOCAUST
HOLOCAUST
26 REMEMBRANCE
26 REMEMBRANCE A LL., https://www.holocaustremembrance.com/resources/working-definitions-
ALL., https://www.holocaustremembrance.com/resources/working-definitions-
27 charters/working-definition-antisemitism
27 (last visited
charters/working-definition-antisemitism (last visited Nov.
Nov. 27,
27, 2023).
2023). By
By erasing
erasing or
or denying the
denying the
28 Jewish
28 Jewish people’s
people's ancestral
ancestral connection to one
connection to one another
another and to the
and to the land of Israel
land of Israel and by rejecting
and by the
rejecting the
2337311.2
2337311.2
-2-
-2-
COMPLAINT
COMPLAINT
11 very
very right
right of the State
of the State of Israel to
of Israel to exist, anti-Zionism denies
exist, anti-Zionism to the
denies to the Jewish
Jewish people alone aa
people alone
22 fundamental
fundamental human
human right to self-determination
right to self-determination allowed to all
allowed to all other
other peoples
peoples of the world.
of the See, e.g.,
world. See, e.g.,
33 U.N.
U.N. Charter
Charter art.
art. 1, ¶2. To
1, ¶2. be clear,
To be anti-Zionism is
clear, anti-Zionism is altogether
altogether different from criticism
different from criticism of the
of the
44 State
State of
of Israel
Israel or
or opposition to the
opposition to the policies
policies of the Israeli
of the government—matters on
Israeli government—matters which robust
on which robust
55 debate
debate is
is encouraged.
encouraged.
66 4.
4. In
In spite
spite of the recognition
of the recognition of
of anti-Zionism
anti-Zionism as
as aa form
form of
of anti-Semitism,
anti-Semitism, no fewer
no fewer
77 than
than 23
23 Berkeley
Berkeley Law
Law student
student organizations
organizations have
have enacted
enacted policies to discriminate
policies to against and
discriminate against and
88 exclude
exclude Jewish
Jewish students, faculty, and
students, faculty, and scholars. For example:
scholars. For example:
99 •• To be aa member
To be member of
of Women of Berkeley
Women of Berkeley Law,
Law, the
the Queer Caucus at
Queer Caucus at Berkeley,
Berkeley, or the
or the
10
10 Asian Pacific American
Asian Pacific Law Students
American Law Students Association,
Association, Jewish
Jewish students
students must
must accede to
accede to
11
11 the groups'
the groups’ support
support of the Boycott
of the Boycott Divestment
Divestment and
and Sanctions movement, which
Sanctions movement, which
12
12 seeks to dismantle
seeks to the modern
dismantle the modern State
State of Israel;
of Israel;
13
13 •• In
In order to volunteer
order to volunteer to
to provide
provide pro
pro bono
bono legal
legal services through aa number
services through number of
of
14
14 Berkeley Law
Berkeley Law Legal
Legal Services
Services organizations,
organizations, Jewish
Jewish students
students must undergo aa
must undergo
15
15 “Palestine 101”
"Palestine training program
101" training that emphasizes
program that the illegitimacy
emphasizes the illegitimacy of the State
of the State of
of
16
16 Israel;
Israel;
17
17 •• And to speak
And to to any
speak to any of these student
of these student organizations,
organizations, invited
invited speakers must first
speakers must first
18
18 repudiate Zionism under
repudiate Zionism under aa bylaw
bylaw that
that prohibits
prohibits speakers who hold
speakers who Zionist views
hold Zionist views
19
19 (the "Exclusionary
(the “Exclusionary Bylaw").
Bylaw”). In
In fact,
fact, the Berkeley Journal
the Berkeley Journal of
of Gender, Law, and
Gender, Law, and
20
20 Justice, goes
Justice, goes one
one step
step further,
further, prohibiting
prohibiting Zionists
Zionists not
not only
only from
from speaking to its
speaking to its
21
21 members but from
members but from publishing in its
publishing in its pages.
pages.
22
22 5.
5. Under these
Under these policies,
policies, Jewish
Jewish students,
students, faculty, and guest
faculty, and guest speakers
speakers must
must deny
deny aa
23 central
23 central part
part of their cultural,
of their cultural, ancestral
ancestral heritage
heritage and
and aa fundamental tenet of
fundamental tenet their faith
of their faith in
in order to be
order to be
24 eligible
24 for the
eligible for the same
same opportunities Berkeley accords
opportunities Berkeley to others.
accords to others. The Exclusionary Bylaw's
The Exclusionary Bylaw’s
25 wholesale
25 wholesale ban
ban on “Zionists” is
on "Zionists" is unrelated
unrelated to
to the
the viewpoint
viewpoint aa speaker
speaker might
might express
express as the guest
as the guest of
of aa
26 student
26 student organization. Rather, it
organization. Rather, it is
is aa ban
ban on
on Jewish
Jewish persons—and
persons—and especially those whose
especially those whose support
support
27 for
27 for the
the Jewish
Jewish State
State reflects
reflects an integral component
an integral component of their Jewish
of their Jewish ancestral,
ancestral, religious,
religious, ethnic,
ethnic,
28
28
2337311.2
2337311.2
-3-
-3-
COMPLAINT
COMPLAINT
11 national and/or racial

national and/or identity. Such
racial identity. Such discrimination is particularly
discrimination is particularly acute
acute for those Jews
for those who must
Jews who must
22 deny
deny or
or disavow
disavow an integral part
an integral part of their Jewish
of their identity to
Jewish identity to be
be accepted
accepted by
by these
these Groups.
Groups.
33 6.
6. The Dean of
The Dean UC Berkeley,
of UC Berkeley, Erwin
Erwin Chemerinsky,
Chemerinsky, has
has acknowledged that anti-
acknowledged that anti-
44 Zionism
Zionism is
is anti-Semitic
anti-Semitic "because
“because it
it denies the existence
denies the existence of the state
of the state of Israel, the
of Israel, the historical
historical home
home
55 of the Jewish
of the Jewish people.”
people." Academic Network, U.C.
Engagement Network,
Academic Engagement Berkeley School
U. C. Berkeley School of
of Law
Law Faculty
Faculty
Statement in
66 Statement in Support
Support of
of Jewish
Jewish Law
Law Students,
Students,
77 https://docs.google.com/document/d/1BiOeLJSG7lrbh9DSkvxsYRebE6Ck8a0rZaeBWNtjLPY/ed
https://docs.google.com/document/d/lBiOeLJSG7lrbh9DSkvxsYRebE6Ck8a0rZaeBWNtjLPY/ed
88 it
it (last
(last visited
visited Nov.
Nov. 27,
27, 2023).
2023). The Dean has
The Dean has also acknowledged the
also acknowledged the impact
impact the
the Exclusionary
Exclusionary
99 Bylaw
Bylaw has
has on
on Jewish
Jewish students at Berkeley.
students at Berkeley. In the wake
In the wake of its adoption,
of its adoption, he
he explained: “to say
explained: "to that
say that
10
10 anyone who supports
anyone who the existence
supports the existence of Israel—that’s what
of Israel—that's what you
you define
define as Zionism—shouldn’t speak
as Zionism—shouldn't speak
11 would exclude
11 would about, II don’t
exclude about, don't know,
know, 90
90 percent
percent or
or more
more of
of our
our Jewish
Jewish students.”
students." Gabe
Gabe Stutman,
Stutman,
12 Several Berkeley
12 Several Berkeley Law
Law student
student groups
groups adopt
adopt ‘no Zionist speakers'
`no Zionist speakers’ rule,
rule, JJEWISH NEWS OF N.
EWISH NEWS N. C AL.
CAL.
13 (Aug. 29,
13 (Aug. 29, 2022),
2022), https://jweekly.com/2022/08/26/several-berkeley-law-student-groups-adopt-no-
https://jweekly.com/2022/08/26/several-berkeley-law-student-groups-adopt-no-
14 zionist-speakers-rule/.
14 zionist-speakers-rule/.
15
15 7.
7. UC Chancellor
UC Chancellor and Defendant Carol
and Defendant Christ "convey[ed]
Carol Christ “convey[ed] [her
[her own] understanding
own] understanding
16
16 as to why
as to why the
the adoption
adoption of the [Exclusionary
of the [Exclusionary Bylaw]
Bylaw] was
was deeply upsetting to
deeply upsetting to some
some Jewish
Jewish members
members
17
17 of
of our
our community for whom
community for whom Zionism
Zionism is
is an
an indivisible
indivisible part
part of their Jewish
of their Jewish identity,
identity, and who now
and who now
18
18 say they no
say they longer feel
no longer feel welcome
welcome at
at events
events held by some
held by some of the student
of the student organizations that have
organizations that have
19
19 agreed to the
agreed to the [policies']
[policies’] terms."
terms.” Exhibit
Exhibit A, Letter from
A, Letter from Chancellor
Chancellor Carol
Carol T.
T. Christ to the
Christ to the Berkeley
Berkeley
20 Jewish
20 Jewish Community.
Community.
21
21 8.
8. The lack of
The lack of action against these
action against these student groups’ anti-Semitic
student groups' anti-Semitic policies betrays not
policies betrays not
22 only
22 only Jewish
Jewish students and faculty,
students and faculty, but
but UC's
UC’s own longstanding commitments
own longstanding to civil
commitments to civil rights
rights and
and
23 equal
23 treatment of
equal treatment of all
all persons
persons regardless
regardless of
of race,
race, religion,
religion, ethnicity,
ethnicity, national
national origin, gender, sexual
origin, gender, sexual
24 preference,
24 military status,
preference, military status, physical
physical disability,
disability, and/or
and/or heritage.
heritage.
25
25 9.
9. Conditioning
Conditioning aa Jew’s
Jew's ability to participate
ability to participate in
in aa student group on
student group on his
his or
or her
her
26 renunciation
26 renunciation of
of aa core
core component
component of
of Jewish
Jewish identity is no
identity is no less
less pernicious than demanding
pernicious than the
demanding the
27 renunciation
27 renunciation of
of some
some other
other core
core element
element of
of aa student's
student’s identity—whether based on
identity—whether based on race,
race, ethnicity,
ethnicity,
28 gender,
28 gender, or
or sexual identity. Imagine,
sexual identity. in this
Imagine, in this day
day and
and age,
age, asking
asking members
members of the LGBTQ
of the LGBTQ
2337311.2
2337311.2
-4-
-4-
COMPLAINT
COMPLAINT
11 community to remain
community to remain ‘in the closet’
`in the closet' as
as aa condition
condition of membership in
of membership an authorized
in an authorized student
student
22 group.
group. No
No such
such imposition is required—or
imposition is would be
required—or would be remotely tolerated—of other
remotely tolerated—of other students, who
students, who
33 remain free to
remain free to participate fully in
participate fully in student
student organizations without disavowing
organizations without disavowing or
or hiding
hiding any
any part
part of
of
44 their
their identities.
identities.
55 10.
10. The University’s rules
The University's rules for
for registered
registered student groups, including
student groups, including law
law school groups,
school groups,
66 codify UC’s commitments

codify UC's to equality
commitments to by requiring
equality by requiring prospective and current
prospective and current groups
groups alike to adopt
alike to adopt
77 an “all-comers” policy.
an "all-comers" Under this
policy. Under this policy,
policy, registered
registered student groups may
student groups may not
not impose
impose membership
membership
88 restrictions
restrictions based
based on
on categories
categories such
such as
as race,
race, color,
color, national
national origin,
origin, and
and religion,
religion, among
among others.
others.
99 Registered
Registered student groups must
student groups must also
also pledge their commitment
pledge their to "the
commitment to “the dignity
dignity of
of all
all individuals,”
individuals,"
10
10 and “to uphold[ing]
and "to uphold[ing] aa just
just community
community in which discrimination
in which discrimination and
and hate are not
hate are 2023-
tolerated.” 2023-
not tolerated."
11 2024 New
11 2024 New Organization Application Questions
Organization Application Questions 6, LEAD C
6, LEAD ENTER,
CENTER,
12
12 https://docs.google.com/document/d/1dx-7-2d47wuXD-_A7PLRdloQAbdOfJHBMOA-
https://docs.google.com/document/d/1dx-7-2d47wuXD- A7PLRdloQAbdOfJHBMOA-
13
13 CLc27to/edit (last visited
CLc27to/edit (last visited Nov.
Nov. 27,
27, 2023).
2023).
14
14 11.
11. The
The student groups’ anti-Semitic
student groups' anti-Semitic policies
policies also
also run
run afoul
afoul of the University's
of the University’s Policy
Policy
15
15 on Nondiscrimination, which
on Nondiscrimination, which prohibits “legally impermissible,
prohibits "legally arbitrary, or
impermissible, arbitrary, unreasonable
or unreasonable
16
16 discriminatory
discriminatory practices.” Policies Applying
practices." Policies Applying to
to Campus Activities, Organizations
Campus Activities, and Students,
Organizations and Students,
17 PACAOS-20, UNIV.
17 PACAOS-20, UNIV. OF C AL., https://policy.ucop.edu/doc/2710522/PACAOS-20
CAL., (last visited
https://policy.ucop.edu/doc/2710522/PACAOS-20 (last visited Nov.
Nov.
18 27, 2023).
18 27, 2023).
19
19 12.
12. The failure of
The failure the University
of the University to
to enforce
enforce its
its all-comers
all-comers and anti-discrimination
and anti-discrimination
20 policies
20 in response
policies in to the
response to the Exclusionary
Exclusionary Bylaw's
Bylaw’s ban
ban on “Zionist” speakers
on "Zionist" and the
speakers and the exclusion
exclusion of
of
21 and
21 and hostility towards "Zionist"
hostility towards “Zionist” students
students across the entire
across the Berkeley campus
entire Berkeley violates the
campus violates the Equal
Equal
22 Protection
22 Protection and Free Exercise
and Free Exercise Clauses
Clauses of the U.S.
of the U.S. Constitution,
Constitution, as well as
as well as federal
federal anti-
anti-
23 discrimination
23 laws.
discrimination laws.
24
24 13.
13. By abdicating
By abdicating responsibility and failing
responsibility and to act
failing to act as
as required by UC
required by UC rules
rules and U.S.
and U.S.
25 law,
25 law, the
the University
University has
has enabled the normalization
enabled the normalization of
of anti-Jewish
anti-Jewish hatred
hatred on
on campus.
campus. Jewish
Jewish
26 students
26 feel compelled
students feel to hide
compelled to their identities.
hide their Legal experts
identities. Legal and professors
experts and are left
professors are left to
to wonder
wonder
27 whether
27 whether they
they are barred from
are barred from speaking
speaking to
to law
law student groups based
student groups based on the fact
on the fact that
that they
they are
are Jews.
Jews.
28
28
2337311.2
2337311.2
-5-
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COMPLAINT
COMPLAINT
11 14.
14. In the wake
In the wake of
of October
October 7, 2023, the
7, 2023, the deadliest
deadliest day for the
day for the Jewish
Jewish people
people since the
since the
2 Holocaust,
2 Holocaust, Jewish
Jewish students
students at UC Berkeley
at UC Berkeley have been the
have been the targets
targets of
of harassment
harassment and
and physical
physical
33 violence.
violence. A
A Jewish
Jewish student
student draped in an
draped in an Israeli
Israeli flag
flag was
was attacked by two
attacked by two protestors who struck
protestors who struck
44 him
him in the head
in the with aa metal
head with water bottle.
metal water bottle. Jews
Jews on
on campus
campus have been receiving
have been receiving hate
hate e-mails
e-mails
55 calling for their

calling for their gassing
gassing and
and murder.
murder. And
And Jewish
Jewish students
students have
have reported being afraid
reported being to go
afraid to go to
to
66 class, which would

class, which would require them to
require them to pass through the
pass through the pro-Hamas
pro-Hamas rallies taking place
rallies taking in Berkeley's
place in Berkeley’s
77 main thoroughfares.
main thoroughfares.
88 15.
15. Plaintiffs seek
Plaintiffs this Court’s
seek this intervention to
Court's intervention to set things right
set things by requiring
right by Defendants
requiring Defendants
99 to
to enforce UC policies
enforce UC in an
policies in an evenhanded way, prohibit
evenhanded way, prohibit discrimination
discrimination and bias as
and bias as required by law,
required by law,
10
10 and treat Jewish
and treat students, faculty,
Jewish students, faculty, and invited speakers
and invited speakers in the same
in the same manner as their
manner as their non-Jewish
non-Jewish
11
11 counterparts.
counterparts.
12
12 JURISDICTION,
JURISDICTION, VENUE, AND DIVISIONAL
VENUE, AND ASSIGNMENT
DIVISIONAL ASSIGNMENT
13
13 16.
16. Plaintiffs bring
Plaintiffs bring this
this action
action pursuant to 42
pursuant to U.S.C. §§ 1983,
42 U.S.C. 1983, 42 U.S.C. §§ 2000d
42 U.S.C. 2000d et.
et. seq.,
seq.,
14
14 and
and 42 U.S.C. §§ 1981.
42 U.S.C. 1981.
15
15 17.
17. Jurisdiction is conferred
Jurisdiction is conferred on this Court
on this by 28
Court by 28 U.S.C.
U.S.C. §§
§§ 1343(a)(3) and 1343(a)(4),
1343(a)(3) and 1343(a)(4),
16 which provide
16 which provide for
for original jurisdiction of
original jurisdiction of suits brought pursuant
suits brought to 42
pursuant to U.S.C. §§ 1983.
42 U.S.C. 1983. Jurisdiction
Jurisdiction
17 is also
17 is also conferred
conferred on this Court
on this by 28
Court by 28 U.S.C.
U.S.C. §§ 1331 because the
1331 because the causes
causes of
of action
action arise under the
arise under the
18
18 Constitution and laws
Constitution and laws of the United
of the United States.
States.
19
19 18.
18. Venue is
Venue is proper
proper in this Court
in this Court pursuant to 28
pursuant to 28 U.S.C.
U.S.C. §§ 1391(b) because, upon
1391(b) because, upon
20 information
20 information and
and belief,
belief, Defendants
Defendants reside in the
reside in the Northern
Northern District
District of
of California and may
California and be found
may be found
21 and
21 and served in the
served in the Northern
Northern District
District of
of California, and because
California, and because aa substantial
substantial part
part of the events,
of the acts,
events, acts,
22 or
22 or omissions giving rise
omissions giving to these
rise to these claims
claims arose
arose in this District.
in this District.
23
23 19.
19. Pursuant to
Pursuant to Local
Local Rule
Rule 3-5,
3-5, this
this action is properly
action is properly assigned to either
assigned to the San
either the San
24 Francisco
24 Francisco Division
Division or the Oakland
or the Oakland Division
Division because
because aa substantial
substantial part
part of the events
of the events or
or omissions
omissions
25 giving
25 giving rise to the
rise to the claim
claim occurred in the
occurred in the County
County of
of Alameda.
Alameda.
26
26 PARTIES
PARTIES
27
27 20.
20. Plaintiff The
Plaintiff Louis D.
The Louis D. Brandeis
Brandeis Center, Inc. (the
Center, Inc. (the Brandeis
Brandeis Center)
Center) is
is aa nonprofit,
nonprofit,
28 non-partisan
28 non-partisan corporation
corporation established to advance
established to advance the
the civil
civil and
and human
human rights
rights of the Jewish
of the Jewish people
people
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COMPLAINT
COMPLAINT
11 and
and promote justice for
promote justice for all.
all. The Brandeis Center
The Brandeis Center engages in research,
engages in research, education,
education, and legal
and legal
22 advocacy to combat
advocacy to combat anti-Semitism
anti-Semitism on
on college
college and university campuses
and university and in
campuses and in K-12,
K-12, in
in the
the
33 workplace,
workplace, and
and elsewhere. It empowers
elsewhere. It empowers students by training
students by training them
them to
to understand
understand their
their legal
legal rights
rights
44 and
and educates
educates administrators
administrators and
and employers
employers on best practices
on best to combat
practices to combat racism
racism and
and anti-Semitism.
anti-Semitism.
55 The Brandeis Center

The Brandeis Center has
has expended
expended considerable
considerable resources in responding
resources in to unlawful
responding to unlawful action
action by the
by the
66 defendants, including counseling

defendants, including counseling aggrieved
aggrieved students
students and
and professors,
professors, raising
raising public
public awareness
awareness of
of
77 the
the defendants’
defendants' conduct in an
conduct in an effort to seek
effort to seek compliance by the
compliance by the defendants,
defendants, requesting
requesting public
public
88 documents to understand
documents to Berkeley’s violations,
understand Berkeley's violations, and
and incurring
incurring out-of-pocket
out-of-pocket expenses to hire
expenses to hire
99 outside
outside counsel to assist
counsel to with the
assist with the filing
filing of
of aa Public
Public Records
Records Act
Act lawsuit
lawsuit after Berkeley failed
after Berkeley failed to
to
10
10 provide the requested
provide the requested documents. Brandeis Center
documents. Brandeis Center attorneys and staff
attorneys and staff have been diverted
have been diverted from
from
11
11 other work while
other work while dealing with these
dealing with these matters.
matters.
12
12 21.
21. Plaintiff Jewish
Plaintiff Jewish Americans
Americans for Fairness in
for Fairness in Education
Education (JAFE)
(JAFE) is
is aa national
national
13
13 membership
membership organization that is
organization that is housed within and
housed within and operated by the
operated by the Brandeis
Brandeis Center.
Center. JAFE’s
JAFE's
14
14 mission,
mission, like that of
like that the Brandeis
of the Brandeis Center, is to
Center, is to advance the civil
advance the civil and
and human
human rights
rights of the Jewish
of the Jewish
15
15 people
people and
and promote justice for
promote justice for all;
all; and, in particular,
and, in to eliminate
particular, to eliminate anti-Semitism and
anti-Semitism and
16
16 discrimination in education
discrimination in and ensure
education and ensure fairness
fairness in
in education
education for
for Jewish, Israeli, and
Jewish, Israeli, and other
other
17
17 Americans, through lawful
Americans, through lawful means
means including litigation. JAFE’s
including litigation. JAFE's members
members consist
consist of
of Jewish
Jewish
18
18 American
American college
college students, graduate and
students, graduate and professional
professional students,
students, parents,
parents, alumni,
alumni, faculty,
faculty, and
and other
other
19 individuals who
19 individuals who have
have personally been aggrieved
personally been aggrieved by,
by, or
or have by association
have by been impacted
association been by, anti-
impacted by, anti-
20 Semitism
20 Semitism and
and discrimination in higher
discrimination in higher education
education and K-12. JAFE
and K-12. JAFE has
has members throughout the
members throughout the
21 country,
21 country, including
including Jewish American students
Jewish American students and
and professors affiliated with
professors affiliated with higher
higher education and
education and
22 K-12
22 K-12 institutions
institutions across
across the
the United
United States.
States. JAFE’s
JAFE's membership
membership includes Berkeley undergraduate,
includes Berkeley undergraduate,
23 graduate,
23 graduate, and
and law
law students, as well
students, as well as Berkeley and
as Berkeley Berkeley Law
and Berkeley faculty.'1
Law faculty.
24
24 22.
22. JAFE includes among
JAFE includes its members
among its members legal
legal scholars
scholars and Berkeley faculty
and Berkeley faculty who
who are
are
25 qualified,
25 willing, and
qualified, willing, and able to speak
able to to the
speak to the Legal
Legal Programs,
Programs, Journals,
Journals, and
and Groups.
Groups. Some
Some of these
of these
26
26
27
27
1
Because of
1 Because its affiliation
of its with the
affiliation with the Brandeis
Brandeis Center,
Center, members
members of
of JAFE also become
JAFE also become members
members of
of
28 the
28 the Brandeis
Brandeis Center.
Center.
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COMPLAINT
COMPLAINT
11 members
members have
have previously
previously presented to student
presented to groups at
student groups at Berkeley
Berkeley law
law and
and have
have expertise
expertise in
in areas
areas
22 of the law
of the that are
law that germane to
are germane to the
the student groups and
student groups and legal
legal services
services projects that have
projects that adopted the
have adopted the
33 Exclusionary
Exclusionary Bylaw.
Bylaw. They are Jewish,
They are Jewish, however, and Zionism
however, and Zionism is
is integral to their
integral to their Jewish
Jewish identity.
identity.
44 Because
Because of these members’
of these members' Jewish
Jewish identity, they are
identity, they are prevented from competing
prevented from competing for the opportunity
for the opportunity
55 to
to speak to the
speak to the Legal
Legal Projects
Projects and
and Groups.
Groups. These Members are
These Members therefore denied
are therefore the opportunity
denied the opportunity
66 both
both to
to receive
receive compensation from such
compensation from such speaking
speaking engagements
engagements and to promote
and to themselves and
promote themselves and
77 their
their scholarship.
scholarship.
88 23.
23. JAFE Member ## 11 is
JAFE Member is aa UC
UC Berkeley
Berkeley Law
Law Professor.
Professor. He
He has
has expertise in legal
expertise in legal
99 policy
policy and
and criminal
criminal law, and has
law, and written recently
has written recently on
on historic
historic aspects
aspects of women in
of women in the
the criminal
criminal
10 justice system
10 justice and the
system and the privatization
privatization of
of prisons. Because he
prisons. Because is aa Jewish
he is Jewish scholar who supports
scholar who supports
11
11 Israel,
Israel, he
he suffers
suffers dignitary
dignitary harm by being
harm by being treated
treated as
as aa second-class
second-class citizen at Berkeley's
citizen at Berkeley’s campus.
campus.
12
12 In
In addition,
addition, JAFE Member ## 11 would
JAFE Member would welcome
welcome the
the opportunity to speak
opportunity to speak about
about his areas of
his areas of
13
13 expertise to the
expertise to the law
law school’s
school's Community Defense Project,
Community Defense Project, the
the Women
Women of Berkeley, the
of Berkeley, the Defenders
Defenders
14
14 at Berkeley, and
at Berkeley, the Contra
and the Costa Reentry
Contra Costa Reentry Project,
Project, but
but he is denied
he is the opportunity
denied the because these
opportunity because these
15 groups have
15 groups have adopted the Exclusionary
adopted the Exclusionary Bylaw.
Bylaw.
16
16 24.
JAFE Member is aa Berkeley
Berkeley Law
Law Professor
Professor and
and one
one of the nation’s
of the nation's foremost
foremost
17
17 authorities
authorities on
on corporate law and
corporate law finance. He
and finance. He is
is also the former
also the former head
head of the Chancellor’s
of the Chancellor's
18
18 Committee
Committee on
on Jewish Life and,
Jewish Life and, among
among other things, formed
other things, the Women
formed the Women in
in Business
Business Law
Law Initiative
Initiative
19
19 at the law
at the law school. His expertise
school. His would be
expertise would be of value to
of value to any
any group
group whose
whose members
members are
are interested
interested in
in
20 corporations
20 corporations and
and finance, which play
finance, which play aa role in virtually
role in virtually every
every organized
organized human
human endeavor.
endeavor.
21 Because
21 Because he is aa Jewish
he is scholar who
Jewish scholar who supports Israel, he
supports Israel, he suffers
suffers dignitary
dignitary harm by being
harm by being treated
treated as
as aa
22 second-class
22 second-class citizen at Berkeley's
citizen at Berkeley’s campus. In addition,
campus. In addition, JAFE Member ## 22 would
JAFE Member would welcome
welcome the
the
23 opportunity
23 to speak
about his
his areas
areas of
of expertise with any
expertise with any of the Law
of the Law Student groups at
Student groups at his
his
24 University
24 University that
that have
have adopted the Exclusionary
Bylaw. But
But he is unable
he is unable to
to do
do so because they
so because they have
have
25 adopted
25 the Exclusionary
Bylaw.
26
26 25.
25. JAFE Member ## 33 holds
JAFE Member holds aa full
full professorship
professorship in law at
in law at aa private West Coast
private West Coast
27 university.
27 university. This Member is
This Member is aa frequent
frequent lecturer at U.S.
lecturer at U.S. academic institutions, where
academic institutions, where he
he has
has spoken
spoken
28 on
28 on issues
issues relating to the
relating to the Middle
Middle East
East and
and Africa, international law,
Africa, international law, and
and Middle
Middle Eastern
Eastern law.
law. He
He is
is
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COMPLAINT
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11 qualified, willing, and

qualified, willing, and able to speak
able to to Law
speak to Law School groups such
School groups as the
such as the Middle
Middle Eastern
Eastern and
and North
North
22 African Law Students

African Law Students Association, Law Students
Association, Law Students of African Descent,
of African Descent, and
and the Journal of
the Journal of Middle
Middle
Eastern and
33 Eastern and Islamic
Islamic Law.
Law. Because
Because these
these groups
groups have
adopted the Exclusionary Bylaw,
Bylaw, he is
he is
44 unable
unable to
to do
do so.
so.
55 26.
full professorship
professorship in law at
in law at aa private West Coast
private West Coast
66 university.
university. This Member lectures
This Member to law
lectures to student projects
law student and student
projects and groups based
student groups based on
on his
his
77 professional
professional expertise
expertise in
in constitutional law and
constitutional law and constitutional
constitutional rights (including issues
rights (including issues relating to
relating to
88 race
race and the law),
and the law), law and religious
law and religious freedom,
freedom, separation
separation of
of church
church and
and state,
state, criminal
criminal law and
law and
99 criminal
criminal procedure, and law
procedure, and law and
and public
public policy. He would
policy. He would welcome
welcome the
opportunity to to
speak to
10 Legal Services
10 Legal Projects, Journals,
Services Projects, Journals, or groups such
or groups such as the Queer
as the Queer Caucus,
Caucus, Community Defense
Community Defense
11 Project, Law
11 Project, Law Students
Students of
of African Descent, Contra
African Descent, Contra Costa Reentry Project,
Costa Reentry Project, and the Defenders
and the Defenders at
at
12 Berkeley. Because
12 Berkeley. Because these
these groups
groups have adopted the
Exclusionary Bylaw,
Bylaw, he
he is
is unable to do
unable to do so.
so.
13
13 27.
full professorship
professorship in law emeritus
in law emeritus at
at aa public university
public university
14 in the
14 in the Mid-Atlantic
Mid-Atlantic region. His areas
region. His of expertise
areas of include constitutional
expertise include constitutional law,
law, civil liberties and
civil liberties and
15 international human
15 international human rights. He has
rights. He written scholarly
has written scholarly articles about issues
articles about issues pertaining to feminism
pertaining to feminism
16
16 and women’s rights,
and women's gay rights,
rights, gay rights, and
and Islam. He has
Islam. He has also been aa frequent
also been frequent lecturer
lecturer at
at various
various
17
17 American institutions. This
American institutions. Member would
This Member would welcome
welcome the
opportunity to speak about these topics
about these topics
18 with Berkeley
18 with Berkeley Law's
Law’s Legal
Legal Services Projects, Journals,
Services Projects, Journals, or
or groups
groups such as the
such as the Women
Women of Berkeley
of Berkeley
19 Law, Queer
19 Law, Queer Caucus
Caucus at Berkeley Law,
at Berkeley Law, the Berkeley Journal
of Gender, Law, and
Gender, Law, and Justice,
Justice, the
the
20 Berkeley
20 Berkeley Law
Law Muslim
Muslim Students
Students Association,
Association, and the Middle
and the Middle Eastern
Eastern and
and North
North African Law
African Law
21 Students
21 Students Association, but he
Association, but is unable
he is unable to
to do so because
do so because these
these groups
groups have
have adopted the
adopted the
22 Exclusionary
22 Exclusionary Bylaw.
Bylaw.
23
23 28.
full professorship and an
professorship and an endowed
endowed chair
chair in law at
in law the
at the
24 flagship
24 flagship law
law school
school of
of aa midwestern
midwestern public university system.
public university He is
system. He is an internationally recognized
an internationally recognized
25 expert
25 in the
expert in the areas
areas of
of international
international law and national
law and national security
security law,
law, as well as
as well as an
an expert
expert on the
on the
26 Middle
26 Middle East
East and
and the
the Arab-Israeli
Arab-Israeli conflict.
conflict. This Member would
welcome the
opportunity to speak
27 about
27 these topics
about these topics with
with Berkeley
Berkeley Law
Law Legal
Legal Services Projects, Journals,
Services Projects, Journals, or
or groups, such as
groups, such the
as the
28
28
2337311.2
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COMPLAINT
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11 Middle
Middle Eastern
Eastern and North African
and North Law Students
African Law Association and
Students Association Journal of
and Journal of Middle
Middle Eastern
Eastern and
and
Islamic Law.
22 Islamic Law. He
He is
is unable
unable to
to do
do so because these
so because these groups
Exclusionary Bylaw.
Bylaw.
33 29.
full professorship and an
professorship and an endowed
endowed chair
chair in law at
in law the
at the
44 private law school

private law of aa midwestern
school of midwestern private university. This
private university. Member is
This Member is aa native
native of Latin America,
of Latin America,
55 has
has considerable
considerable expertise in international
expertise in international law,
law, and
and would
would welcome
welcome the
the opportunity to address
opportunity to address
66 Berkeley
Berkeley Law's
Law’s Legal
Legal Services Projects, Journals
Services Projects, Journals or groups, but
or groups, but he
he is unable to
is unable to do so because
do so because
77 these
these groups
groups have
Bylaw.
88 30.
JAFE Member is the
the chairman
chairman of
of aa private
private law firm, the
law firm, the president
president of
of aa
99 nonprofit
nonprofit organization,
organization, and
and an accomplished international
an accomplished international lawyer
lawyer and trial attorney.
and trial attorney. This
This
10 Member, who
10 Member, who is
is of
of African
African descent, is one
descent, is one of the few
of the Barrister-Attorneys with
few Barrister-Attorneys with full
full active
active
11
11 practicing
practicing certificates
certificates in England &
in England & Wales,
Wales, New
New York, Florida, and
York, Florida, Washington D.C.
and Washington D.C. He
He has
has
12 written extensively
12 written extensively on the First
on the First Amendment
Amendment and
and the
the conflict between faith-based
conflict between faith-based protections and
protections and
13 the rights
13 the rights of the LGBTQ
of the LGBTQ community.
community. This Member would
welcome the
opportunity to speak
14
14 about these topics
with the
the Law
Law Students
Students of African Descent
of African Descent and the Queer
and the Queer Caucus
Caucus at Berkeley
at Berkeley
15 Law but
15 Law but would
would be
be unable
unable to
to do so because
do so because these
these groups
Exclusionary Bylaw.
Bylaw.
16
16 31.
full professorship
professorship of law at
of law at aa public university in
public university in the
the
17
17 Southeast
Southeast and
and heads an academic
heads an academic center for the
center for the study
study of the Middle
of the Middle East
East and
and international law. He
international law. He
18 is also
18 is also aa frequent lecturer at
frequent lecturer various American
at various law schools.
American law He has
schools. He has spoken
spoken at the invitation
at the invitation of
of
19
19 student groups at
student groups Berkeley Law
at Berkeley Law and
and other law schools.
other law schools. This Member would
welcome the
the
20 opportunity
20 to speak
about these
these topics
topics with
with the
the Middle
Middle Eastern
Eastern and
and North
North African Law Students
African Law Students
21 Association
21 and the
Association and Journal of
Middle Eastern
Eastern and
and Islamic
Islamic Law.
Law. However,
However, he is unable
he is unable to
to do
do so
so
22 because
22 because they
they have
Bylaw.
23
23 32.
32. JAFE Member ## 10
JAFE Member is aa Clinical
10 is Professor of
Clinical Professor Law at
of Law at an
an Ivy League Law
Ivy League Law School.
School.
24 This
24 Member’s areas
This Member's areas of
of expertise
expertise include
include securities
securities law and the
law and the politicization
politicization of
of criminal law. He
criminal law. He
25 has
25 lectured at
has lectured at colleges and law
colleges and law schools
schools on
on race
race relations,
relations, criminal trials, and
criminal trials, the Black
and the Black Lives
Lives
26 Matter
26 Matter (BLM)
(BLM) movement
movement and
and its
its history. He would
history. He would welcome
welcome the
opportunity to about these
speak about these
27 topics
27 topics to
to the
the Law
Law School’s Community Defense
School's Community Defense Project,
Project, the
the Defenders
Defenders at Berkeley, Law
at Berkeley, Law Students
Students
28
28
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COMPLAINT
COMPLAINT
11 of
of African Descent, and
African Descent, the Abolitionist
and the Abolitionist Collective. But he
Collective. But is unable
he is unable to
to do
do so because they
so because they have
have
22 adopted the Exclusionary

Bylaw.
33 33.
JAFE Member 11 holds
holds aa university
university professorship
professorship chair in law
chair in law at
at aa public
public
44 university
university in the Southeast.
in the He is
Southeast. He is also
also aa frequent lecturer and
frequent lecturer and prolific
prolific author with expertise
author with in
expertise in
55 constitutional
constitutional law, including gender
law, including gender issues
issues and
and evidence,
evidence, as well as
as well as issues
issues related to the
related to the Middle
Middle
66 East.
East. This Member would
welcome the
opportunity to about these
speak about these topics
topics to
to the
the Law
Law School
School
77 Legal
Legal Projects
Projects and
and groups,
groups, including with the
including with the Women
Women of Berkeley Law,
of Berkeley Law, the Berkeley Journal
of
88 Gender, Law, and

Justice, the
the Middle
Middle Eastern
Eastern and North African
and North Law Students
African Law Students Association, the
Association, the
99 Community Defense Project,

Community Defense Project, the
the Defenders
Defenders at
at Berkeley,
Berkeley, and
and the Journal of
Middle Eastern
Eastern and
and
10 Islamic Law.
10 Islamic Law. However,
However, he is unable
he is unable to
to do so because
do so because these
these groups
groups have
adopted the Exclusionary
11 Bylaw.
11 Bylaw.
12
12 34.
JAFE Member 12 holds
holds aa distinguished university professorship
distinguished university professorship at
at aa private
private
13 Northeastern law
13 Northeastern law school and is
school and is aa celebrated
celebrated novelist,
novelist, law
law professor, and essayist.
professor, and He lectures
essayist. He lectures
14 widely and
14 widely and has been an
has been an invited
invited speaker to aa student
speaker to group at
student group Berkeley Law
at Berkeley Law before
before the
the
15 Exclusionary Bylaw
15 Exclusionary Bylaw was
was adopted.
adopted. His
His expertise includes criminal
expertise includes justice. He
criminal justice. He would
would welcome
welcome the
the
16
16 opportunity to speak
opportunity to speak to
to any
any of the Legal
of the Legal Projects,
Projects, Journals,
Journals, or
or Groups,
Groups, such
such as the Community
as the Community
17 Defense Project,
17 Defense Project, the
the Contra
Contra Costa Reentry Project,
Costa Reentry Project, or the Defenders
or the Defenders at Berkeley, but
at Berkeley, but is
is unable
unable to
to
18
18 do
do so
because these groups have adopted the
Exclusionary Bylaw.
Bylaw.
19
19 35.
JAFE Member is the
13 is the legal
legal advisor
advisor of
of an independent, nonpartisan
an independent, nonpartisan research
research
20 institute
20 institute dedicated to promoting
dedicated to transparency and
promoting transparency and accountability
accountability of
of non-governmental
non-governmental
21 organizations
21 (NGOs) claiming
organizations (NGOs) claiming human
human rights
rights agendas. Her areas
agendas. Her areas of
of expertise include business
expertise include business and
and
22 human
22 human rights, international human
rights, international human rights law, the
rights law, the laws
laws of armed conflict,
of armed universal jurisdiction,
conflict, universal jurisdiction,
23 international
23 international fact finding, NGOs,
fact finding, NGOs, and
and the
the UN.
UN. She
She has written on
has written on African
African law
law and
and policy.
policy. She
She has
has
24 accepted
24 invitations to
accepted invitations to speak to law
speak to law students
students at Harvard Law
at Harvard Law School, the University
School, the University of
of Chicago,
Chicago,
25 and
25 and Oxford University. She
Oxford University. would welcome
She would welcome the
with the
the
26 Women
26 Women of Berkeley Law,
of Berkeley Law, the Berkeley Journal
of Gender, Law, and
Justice, the
the Middle
Middle Eastern
Eastern
27 and
27 North African
and North African Law
Law Students
Students Association, Berkeley Journal
the Berkeley
Association, the Journal of
of African
African Law
Law and
and Policy,
Policy,
28
28
2337311.2
2337311.2
-11-
-11-
COMPLAINT
COMPLAINT
11 and
and the Journal of
Middle Eastern
Eastern and
and Islamic
Islamic Law,
Law, but
but she is unable
she is unable to
to do
do so because the
so because the groups
groups
22 have
Bylaw.
33 36.
JAFE Member is aa lawyer,
14 is Berkeley resident,
lawyer, Berkeley and co-shareholder
resident, and co-shareholder in an
in an
44 Oakland,
Oakland, California-based law firm.
California-based law firm. This
This member
member has
has employee
employee rights
rights expertise
expertise and
and criminal
criminal
55 defense
defense experience
experience and
and has
has frequently
frequently spoken to law
spoken to law students
students at U.S. law
at U.S. law schools. He has
schools. He has also
also
66 spoken before law

spoken before law students in the
students in the Berkeley
Berkeley area.
area. This
This member’s
member's cases include an
cases include an important
important case
case
77 on behalf of
on behalf of Asian
Asian Americans, and he
Americans, and would welcome
he would welcome the
opportunity to with the
speak with the South
South
88 Asian Law Student

Asian Law Association as
Student Association as well
well as the Defenders
as the Defenders at
at Berkeley,
Berkeley, the
the Contra
Contra Costa Reentry
Costa Reentry
99 Project,
Project, and
and the
the Community Defense Project
Community Defense Project but
but is unable to
is unable to do
do so because these
groups have
have
10
10 adopted the Exclusionary
Bylaw.
11
11 37.
JAFE Member is aa prominent
15 is lawyer, syndicated
prominent lawyer, syndicated columnist
columnist for
for aa major
major
12
12 newspaper,
newspaper, former Democratic political
former Democratic political appointee,
appointee, aa United
United States
States delegate to an
delegate to an international
international
13
13 human
human rights
rights organization,
organization, and an instructor
and an instructor at
at an
an Ivy League university.
Ivy League university. This member has
This member has
14
14 represented
represented parties in high-profile
parties in First Amendment,
high-profile First Amendment, corporate takeover, employment,
corporate takeover, breach of
employment, breach of
15 fiduciary duty,
15 fiduciary and fraud-based
duty, and fraud-based cases. His areas
cases. His areas of
of expertise
expertise include
include litigation,
litigation, employment
employment
16 litigation, First
16 litigation, First Amendment and media,
Amendment and media, and white-collar and
and white-collar and government
government enforcement. He would
enforcement. He would
17 welcome the
17 welcome the opportunity to speak
about these topics to
to the
the Law
Law School’s
School's Community Defense
Community Defense
18 Project, the
18 Project, the Defenders
Defenders at Berkeley, and
at Berkeley, the Abolitionist
and the Abolitionist Collective. But he
Collective. But he is unable to
is unable to do so
do so
19 because they
19 because they have
Bylaw.
20
20 38.
38. JAFE
JAFE also includes among
also includes among its
its members UC Berkeley
members UC Berkeley students who have
students who been
have been
21 forced
21 forced to
to choose between embracing
choose between embracing an
an integral
integral part
part of their Jewish
of their Jewish identity
identity or
or participating fully
participating fully
22 in
22 in student
student groups
groups on
on campus. Unfortunately, because
campus. Unfortunately, because of the nature
of the nature of the discrimination
of the at
discrimination at
23 Berkeley,
23 Berkeley, many
many of
of JAFE’s
JAFE' s members
members do
do not
not feel
feel comfortable identifying themselves
comfortable identifying themselves given
given the
the risk
risk
24 of
24 further discrimination.
of further discrimination.
25
25 39.
39. Defendant UC
Defendant UC Berkeley
Berkeley is
is aa public law school
public law school founded by the
founded by the California
California State
State
26 Assembly
26 Assembly and
and operated by the
operated by the State of California.
State of California.
27
27
28
28
2337311.2
2337311.2
-12-
-12-
COMPLAINT
COMPLAINT
11 40.
40. Defendant Regents
Defendant Regents of the University
of the University of California is
of California is aa public
public agency within the
agency within the
2 meaning
2 of Cal.
meaning of Cal. Gov’t
Gov't Code
Code §
§ 7920.525(a)
7920.525(a) and is empowered
and is under the
empowered under the California
California Constitution,
Constitution,
33 Article IX, Section

Article IX, Section 9, to administer
9, to the University
administer the University of
of California.
California.
44 41.
41. Defendant Berkeley
Defendant Berkeley Law
Law School is an
School is an accredited
accredited professional
professional school
school at UC
at UC
55 Berkeley
Berkeley run
run by the Regents.
by the Regents.
66 42.
42. Defendant Michael
Defendant Michael V.
V. Drake
Drake is
is sued in his
sued in his official
official capacity
capacity as President of
as President the
of the
77 University
University of
of California.
California. As President, Defendant
As President, Defendant Drake
Drake oversees the University
oversees the University of
of California
California
88 system, including UC
system, including UC Berkeley.
Berkeley.
99 43.
43. Defendant Carol
Defendant Carol T.
T. Christ is sued
Christ is in her
sued in her official
official capacity
capacity as the Chancellor
as the Chancellor of UC
of UC
10 Berkeley. As
10 Berkeley. Chancellor, Defendant
As Chancellor, Defendant Christ
Christ is the Chief
is the Executive Officer
Chief Executive Officer for the Berkeley
for the Berkeley
11
11 campus. Her duties
campus. Her include setting
duties include the policies,
setting the goals, and
policies, goals, and strategic
strategic direction for their
direction for their campuses,
campuses,
12
12 consistent with those
consistent with those of the University.
of the University.
13
13 44.
44. Defendant Benjamin
Defendant Benjamin E.
E. Hermalin
Hermalin is
is sued
sued in
in his
his official
official capacity
capacity as Executive Vice
as Executive Vice
14
14 Chancellor
Chancellor and Provost of
and Provost of UC
UC Berkeley.
Berkeley. Defendant
Defendant Hermalin
Hermalin is
is responsible
responsible for Berkeley’s day-
for Berkeley's day-
15 to-day operations,
15 to-day as well
operations, as well as
as the
the planning,
planning, quality,
quality, and
and delivery of education
delivery of education provided to
provided to
16 Berkeley’s 27,000
16 Berkeley's 27,000 undergraduate
undergraduate students and 10,000
students and graduate students.
10,000 graduate students.
17
17 FACTUAL
FACTUAL BACKGROUND
BACKGROUND
18
18 A.
A. Zionism Is
Zionism Is an
an Integral
Integral Component
Component of
of Jewish
Jewish Identity
Identity
19
19 45.
45 According to the
According to the Anti-Defamation League (ADL),
Anti-Defamation League (ADL), "Zionism
“Zionism is
is the
the movement for
movement for
20 the
20 the self-determination and statehood
self-determination and for the
statehood for the Jewish
Jewish people in their
people in their ancestral
ancestral homeland, the land
homeland, the land of
of
21 Israel.”
21 Zionism, A
Israel." Zionism, NTI-DEFAMATION LEAGUE,
ANTI-DEFAMATION LEAGUE, https://www.adl.org/resources/glossary-
https://www.adl.org/resources/glossary-
22 term/zionism
22 term/zionism (last
(last visited
visited Nov.
Nov. 27,
27, 2023).
2023). Inherent
Inherent in Zionism is
in Zionism is recognition
recognition of the Jews’
of the Jews'
23 ancestral
23 ancestral connection to the
connection to the land of Israel.
land of See also
Israel. See also Zionism,
Zionism, O
OXFORD REFERENCE,
XFORD REFERENCE,
24 https://www.oxfordreference.com/display/10.1093/oi/authority.20110803133512904;jsessionid=3
24 https://www. oxfordreference. com/di splay/10.1093/oi/authority .20110803133512904j sessionid=3
25 977783EE002C3A6761612CD76AE0174
25 (last visited
977783EE002C3A6761612CD76AE0174 (last visited Nov.
Nov. 27,
27, 2023)
2023) (Zionism
(Zionism is
is "a
“a movement
movement
26 for
26 for (originally)
(originally) the
the re-establishment
re-establishment and (now) the
and (now) the development
development and
and protection
protection of
of aa Jewish
Jewish nation
nation
27 in
27 in what
what is
is now
now Israel.”).
Israel.").
28
28
2337311.2
2337311.2
-13-
-13-
COMPLAINT
COMPLAINT
11 46.
46. Zionism, which
Zionism, which reflects the Jews’
reflects the Jews' ancestral
ancestral heritage and deep
heritage and deep connection to Israel,
connection to Israel,
22 is
is integral
integral to
to the
the religious,
religious, national and/or ethnic
national and/or ethnic identity
identity of
of most
most Jews. “The vast
Jews. "The vast majority
majority of
of
33 Jews
Jews around the world
around the world feel
feel aa connection
connection or
or kinship with Israel,
kinship with whether or
Israel, whether or not they explicitly
not they explicitly
44 identify
identify as
as Zionists,
Zionists, and
and regardless
regardless of their opinions
of their opinions on the policies
on the policies of the Israeli
of the government.”
Israeli government."
Zionism, A
55 Zionism, NTI-DEFAMATION LEAGUE,
ANTI-DEFAMATION LEAGUE, https://www.adl.org/resources/glossary-term/zionism (last
https://www.adl.org/resources/glossary-term/zionism (last
66 visited
visited Nov.
Nov. 27,
27, 2023).
2023).
77 47.
47. Dean Chemerinsky,
Dean Chemerinsky, himself,
himself, has
has stated, “For many
stated, "For many Jews, Zionism is
Jews, Zionism is aa core
core
88 component
component of their identity
of their and ethnic
identity and and ancestral
ethnic and ancestral heritage.” Academic Engagement
heritage." Academic Engagement Network,
Network,
99 U.C. Berkeley School

of Law
Law Faculty
Faculty Statement
Statement in Support of
in Support of Jewish
Jewish Law
Law Students,
Students,
10
https://docs.google.com/document/d/1BiOeLJSG7lrbh9DSkvxsYRebE6Ck8a0rZaeBWNtjLPY/ed
11 it (last
11 it (last visited
visited Nov.
Nov. 27,
27, 2023).
2023). Accordingly,
Accordingly, he, like many
he, like many other
other Jews,
Jews, experienced the "No
experienced the “No
12 Zionist Speakers”
12 Zionist Speakers" policy “as antisemitism
policy "as because it
antisemitism because it denies the existence
denies the existence of the state
of the state of Israel, the
of Israel, the
13
13 historical
historical home
home of the Jewish
of the Jewish people.” Id.
people." Id.
14
14 48.
48. The
The Jewish
Jewish people
people share
share not
not only
only religious
religious laws
laws and traditions, but
and traditions, but also
also aa deep
deep
15
15 historical
historical sense
sense of
of Jewish
Jewish peoplehood.
peoplehood. The
The Jewish
Jewish people’s
people's history, theology, and
history, theology, and culture
culture are
are
16
16 deeply intertwined with
deeply intertwined with the
the land
land of Israel, the
of Israel, the birthplace
birthplace of
of Jewish
Jewish religion
religion and
and culture,
culture, and the
and the
17
17 place to which
place to which Jews
Jews have
have expressly yearned to
expressly yearned to return across centuries
return across centuries of
of forced
forced diaspora.
diaspora.
18
18 Throughout millennia of
Throughout millennia of exile and persecution,
exile and the Jewish
persecution, the Jewish people
people have
have continued to recognize
continued to recognize
19
19 Jerusalem (also known
Jerusalem (also known as “Zion”) and
as "Zion") the land
and the land of Israel as
of Israel the Jews’
as the Jews' ancestral
ancestral homeland.
homeland. To this
To this
20 day,
20 day, Jews
Jews pray facing toward
pray facing toward Jerusalem.
Jerusalem. The
The Jewish
Jewish calendar,
calendar, Jewish
Jewish life
life cycle
cycle events,
events, Jewish
Jewish
21 law,
21 law, and
and Jewish
Jewish prayer
prayer reflect the deep
reflect the deep historic and ancestral
historic and ancestral connection
connection of the Jewish
of the Jewish people to
people to
22 the
22 the land
land of
of Israel. For example,
Israel. For example, more than half
more than half of the 613
of the 613 commandments included in
commandments included the
in the
23 Pentateuch
23 Pentateuch relate to, and
relate to, and can
can only be fulfilled
only be fulfilled in, the land
in, the land of Israel. YOTAV
of Israel. YOTAV ELIACH,
ELIACH, JJUDAISM,
UDAISM,
24 ZIONISM
24 ZIONISM AND THE LAND
LAND OF IISRAEL
SRAEL 5-6 (2018).
5-6 (2018).
25
25 49.
49. For most
For most Jews,
Jews, Zionism is as
Zionism is integral to
as integral to Judaism
Judaism as
as observing the Jewish
observing the Jewish Sabbath
Sabbath
26 or
26 or maintaining
maintaining aa kosher
kosher diet. Of course,
diet. Of course, not all Jews
not all Jews observe the Sabbath
observe the Sabbath or
or keep
keep kosher, but
kosher, but
27 those
27 those who
who do
do clearly
clearly are
are expressing
expressing critical
critical components
components of their Jewish
of their identity. Similarly,
Jewish identity. Similarly, not all
not all
28
28
2337311.2
2337311.2
-14-
-14-
COMPLAINT
COMPLAINT
11 Jews
Jews are Zionists, but
are Zionists, but for those who
for those who are, the connection
are, the to the
connection to the Jewish
Jewish State is integral
State is integral to
to their
their
2 Jewish
2 Jewish identity.
identity.
33 50.
50. It
It has become commonplace
has become commonplace among
among persons
persons seeking to disguise
seeking to their anti-Semitism
disguise their anti-Semitism
44 to
to use
use the
the word
word "Zionists"
“Zionists” to
to mean
mean Jews, while at
Jews, while the same
at the time arguing
same time (incongruously) that
arguing (incongruously) that
55 Zionism
Zionism is
is merely
merely aa political viewpoint. For
political viewpoint. For example, Zahra Billoo,
example, Zahra Billoo, an activist with
an activist with the
the Council
Council
66 on
on American-Islamic Relations (CAIR),
American-Islamic Relations (CAIR), who
who was
was invited to talk
invited to talk to
to LSJP
LSJP members, told students
members, told students
77 that
that the
the ADL
ADL and
and American
American Jewish
Jewish Congress are "Zionist"
Congress are “Zionist” organizations, because she
organizations, because she equates
equates
88 Jews with Zionists.

Jews with Zionists. American Muslims for
American Muslims Palestine (AMP)
for Palestine (AMP) 14th
14th Annual
Annual Convention for
Convention for
99 Palestine,
Palestine, YOUTUBE (Nov.
YouTuBE (Nov. 27,
27, 2021),
2021),
10
10 https://www.youtube.com/watch?v=0q6oroJXkMs&t=1849s.
https://www.youtube.com/watch?v=0q6oroJX1cMs&t=1849s. At the same
At the time, she
same time, told the
she told the
11
11 students that "Zionism"
students that “Zionism” is merely aa political
is merely political position,
position, and that "Zionists"
and that “Zionists” are
are not
not aa protected
protected class.
class.
12 Id. Arguing
12 Id. Arguing about
about Israeli
Israeli policy is one
policy is thing; no
one thing; no one
one claims this is
claims this is anti-Semitic. But as
anti-Semitic. But as the
the ADL
ADL
13
13 has
has observed, “criticism or
observed, "criticism or condemnation
condemnation of Israel is
of Israel transparently aa cover
is transparently for anti-Semitism
cover for anti-Semitism …
...
14 when it
14 when uses traditional
it uses traditional anti-Semitic
anti-Semitic imagery
imagery or
or stereotypes, blames all
stereotypes, blames all Jews
Jews for the actions
for the actions of
of
15
15 Israel,
Israel, or
or denies
denies or
or questions
questions Israel’s
Israel's right exist." What
to exist.”
right to Is… Anti-Israel,
What Is... Anti-Israel, Anti-Semitic,
Anti-Semitic, Anti-
Anti-
16 Zionist?, A
16 Zionist?, NTI-DEFAMATION LEAGUE,
ANTI-DEFAMATION LEAGUE, https://www.adl.org/resources/tools-and-strategies/what-
https://www.adl.org/resources/tools-and-strategies/what-
17
17 anti-israel-anti-semitic-anti-zionist (last visited
anti-israel-anti-semitic-anti-zionist (last visited Nov.
Nov. 27,
27, 2023).
2023). Marginalizing,
Marginalizing, demonizing, and
demonizing, and
18
18 excluding
excluding Jews
Jews on the basis
on the basis of the Zionist
of the Zionist component
component of their Jewish
of their Jewish identity
identity is
is discrimination
discrimination
19
19 against
against Jews,
Jews, pure and simple.
pure and simple.
20
20 51.
51. Nor does
Nor being aa Zionist
does being Zionist remotely
remotely equate to being
equate to being anti-Palestinian. Many Zionists
anti-Palestinian. Many Zionists
21 are
21 are pro-Palestinian,
pro-Palestinian, sympathetic to Palestinian
sympathetic to Palestinian causes and issues,
causes and and desirous
issues, and desirous of
of engaging with
engaging with
22 groups
22 groups that
that support Palestinians.
support Palestinians.
23
23 B.
B. Lawmakers
Lawmakers In
In The
The United
United States And Around
States And Around The
The Globe Recognize
Globe Recognize
24
24 That Anti-Zionism Is
That Anti-Zionism Anti-Semitism.
Is Anti-Semitism.
25
25 52.
52. The
The International Holocaust Remembrance
International Holocaust Remembrance Alliance (“IHRA”)—whose member
Alliance ("IHRA")—whose member
26 states
26 states include the United
include the United States—recognizes that Zionism
States—recognizes that (connection to
Zionism (connection to the
the Jewish
Jewish State
State of
of
27 Israel)
27 Israel) cannot be separated
cannot be separated from the identity
from the identity of most Jews.
of most Jews. On May 26,
On May 26, 2016,
2016, the
the IHRA adopted aa
IHRA adopted
28 working
28 working definition
definition of
of anti-Semitism (the Definition)
anti-Semitism (the Definition) that
that covers acts "[d]enying
covers acts “[d]enying the
the Jewish
Jewish people
people
2337311.2
2337311.2
-15-
-15-
COMPLAINT
COMPLAINT
11 their
their right to self-determination,
right to self-determination, e.g., by claiming
e.g., by that the
claiming that the existence
existence of
of aa State
State of Israel is
of Israel is aa racist
racist
2 endeavor." What
2 endeavor.” is antisemitism?,
What is antisemitism?, IINT'L
NT’L HOLOCAUST
HOLOCAUST REMEMBRANCE
REMEMBRANCE ALL.,
ALL.,
33 https://www.holocaustremembrance.com/resources/working-definitions-charters/working-
https://www.holocaustremembrance.com/resources/working-definitions-charters/working-
44 definition-antisemitism (last visited

definition-antisemitism (last visited Nov.
Nov. 27,
27, 2023).
2023).
55 53.
53. The
The IHRA Definition has
IHRA Definition been adopted
has been adopted or
or endorsed by 43
endorsed by United Nations
43 United Nations (UN)
(UN)
66 member
member states, including the
states, including the United
United States.
States. See Information on
See Information on endorsement
endorsement and
and adoption
adoption of
of the
the
IHRA working
77 IHRA working definition
definition of
of antisemitism,
antisemitism, International
International Holocaust
Holocaust Remembrance
Remembrance Alliance,
Alliance, IINT'L
NT’L
88 HOLOCAUST
HOLOCAUST REMEMBRANCE
REMEMBRANCE ALL., https://www.holocaustremembrance.com/resources/working-
ALL., https://www.holocaustremembrance.com/resources/working-
99 definitions-charters/working-definition-antisemitism/adoption-endorsement (last visited

definitions-charters/working-definition-antisemitism/adoption-endorsement (last visited Nov.
Nov. 27,
27,
10 2023). Over
10 2023). Over aa thousand
thousand governmental
governmental and
and non-governmental
non-governmental organizations
organizations have
have likewise
likewise adopted
adopted
11 the definition.
11 the definition. Zvika More than
Klein, More
Zvika Klein, 1,000 global
than 1,000 global entities adopted IHRA
entities adopted IHRA definition
definition of
of
12 Antisemitism, JJERUSALEM
12 Antisemitism, POST (Jan.
ERUSALEM POST (Jan. 17, 2023),
17, 2023),
13
13 https://www.jpost.com/diaspora/antisemitism/article-728773.
https://www.jpost.com/diaspora/antisemitism/article-728773.
14
14 54.
54. On November 4,
On November 2022, the
4, 2022, the U.S.
U.S. Department
Department of
of State (under President
State (under President Biden's
Biden’s
15 leadership) reaffirmed
15 leadership) its commitment
reaffirmed its to the
commitment to the IHRA
IHRA Definition.
Definition. It
It explained:
explained:
16
16 The United States
The United unequivocally condemns
States unequivocally antisemitism and
condemns antisemitism views the
and views the International
International
Holocaust Remembrance Alliance
Alliance (IHRA)
(IHRA) Working
Working Definition
Definition of Antisemitism as
of Antisemitism as
17
17 integral to
integral to the
the fight
fight to
to eliminate this scourge.
eliminate this scourge. ItIt is
is widely
widely accepted
accepted andand used
used
throughout the
throughout the world
world by
by governments,
governments, international
international organizations,
organizations, religious
religious and
and
18
18
sports
sports entities, and other
entities, and other civil
civil society
society organizations, which sends
organizations, which sends aa powerful
powerful message
message
19
19 of
of solidarity against antisemitism.
solidarity against antisemitism. Bipartisan
Bipartisan U.S.
U.S. administrations
administrations have
have embraced
embraced
and used the
and used the IHRA
IHRA Working
Working Definition
Definition of
of Antisemitism, inclusive of
Antisemitism, inclusive its examples,
of its examples,
20
20 as
as aa policy tool.
policy tool.
21 U.S.
21 U.S. Dep't
Dep’t of
of State, Press Statement:
State, Press Statement: The International Holocaust
The International Holocaust Remembrance
Remembrance Alliance
Alliance
22 Working
22 Working Definition
Definition of
of Antisemitism (Nov. 4,
Antisemitism (Nov. 4, 2022),
2022), https://www.state.gov/the-international-
https://www.state.gov/the-international-
23 holocaust-remembrance-alliance-working-definition-of-antisemitism/.
23 holocaust-remembrance-alliance-working-definition-of-antisemitism/.
24
24 55.
55. In May 2023,
In May 2023, the
the Biden
Biden White
White House
House issued
issued aa National
National Strategy to Counter
Strategy to Counter
25 Antisemitism
25 (the "National
Antisemitism (the “National Strategy”),
Strategy"), particularly in the
particularly in the educational
educational arena.
arena. According to the
According to the
26 White
26 White House,
House, the
the dramatic
dramatic increase in the
increase in the number
number of
of reported
reported anti-Semitic incidents, many
anti-Semitic incidents, many of
of
27 which
27 which are
are occurring
occurring on
on campuses and in
campuses and in schoolyards, is simply
schoolyards, is “unacceptable.” The
simply "unacceptable." U.S.
The U.S.
28 National
28 National Strategy to Counter
Strategy to Counter Antisemitism
Antisemitism 9 (May 2023),
9 (May 2023), https://www.whitehouse.gov/wp-
https://www.whitehouse.gov/wp-
2337311.2
2337311.2
-16-
-16-
COMPLAINT
COMPLAINT
11 content/uploads/2023/05/U.S.-National-Strategy-to-Counter-Antisemitism.pdf (last visited

content/uploads/2023/05/U. S. -National- Strategy-to-Counter-Anti semitism .pdf (last visited Nov.
Nov.
2 27,
2 27, 2023).
2023). Jewish
Jewish students
students report that classmates
report that classmates and teachers "make
and teachers “make unfair
unfair judgments
judgments about
about
33 them
them because
because they
they are
are Jewish,” and ostracize
Jewish," and them "if
ostracize them “if they
they support the existence
support the existence of
of Israel
Israel as
as aa
44 Jewish
Jewish state.” Id. at
state." Id. at 40.
40. The National Strategy
The National Strategy noted that "[w]hen
noted that “[w]hen Jews are targeted
Jews are targeted because
because of
of
55 their
their beliefs
beliefs or their identity,
or their when Israel
identity, when Israel is
is singled
singled out because of
out because of anti-Jewish
anti-Jewish hatred, that is
hatred, that is
66 antisemitism.” Id. at
antisemitism." Id. at 9.
9. As the White
As the House has
White House has repeatedly
repeatedly explained and confirms
explained and in its
confirms in National
its National
77 Strategy,
Strategy, protection of Jews
protection of Jews as
as aa religious,
religious, national, and ethnic
national, and group includes
ethnic group includes protection
protection from
from
88 anti-Israel bias and

anti-Israel bias and discrimination.
discrimination.
99 56.
56. The Biden administration
The Biden administration has likewise publicly
has likewise publicly embraced the IHRA
embraced the Definition in
IHRA Definition in
10 the domestic
10 the domestic context through its
context through its repeated
repeated reliance
reliance on Executive Order
on Executive Order 13899, which was
13899, which was issued
issued by
by
11 President Trump
11 President Trump on December 16,
on December 2019. That
16, 2019. Executive Order
That Executive Order directs
directs federal
federal agencies
agencies charged
charged
12 with enforcing
12 with enforcing Title
Title VI to consider
VI to the IHRA
consider the IHRA Definition
Definition of
of Anti-Semitism,
Anti-Semitism, including the examples
including the examples
13
13 of anti-Semitism identified
of anti-Semitism identified by
by IHRA. Exec. Order
IHRA. Exec. No. 13899,
Order No. 13899, 84 Fed. Reg.
84 Fed. Reg. 68799
68799 (Dec.
(Dec. 11,
11,
14 2019).
14 2019).
15
15 57.
57. Assistant
Assistant Secretary of Education
Secretary of Education Catherine Lhamon wrote
Catherine Lhamon wrote in
in January 2023 that
January 2023 that the
the
16
16 administration “affirms OCR's
administration "affirms OCR’s [Office
[Office for
for Civil Rights] commitment
Civil Rights] to complying
commitment to with Executive
complying with Executive
17
17 Order
Order 13899
13899 on
on Combating
Combating Anti-Semitism,”
Anti-Semitism," and
and referenced OCR guidance
referenced OCR guidance on the Executive
on the Executive
18
18 Order which remains
Order which available in
remains available in OCR’s
OCR's online
online compendium
compendium of active policy
of active policy documents. U.S.
documents. U.S.
19 Dep’t of
19 Dep't Educ., Press
of Educ., Press Release:
Release: OCR Releases New
OCR Releases New Fact
Fact Sheet
Sheet on
on Title VI Protection
Title VI Protection from
from
20 Discrimination
20 Discrimination Based
Based on
on Shared Ancestry or
Shared Ancestry Ethnic Characteristics
or Ethnic (Jan. 4,
Characteristics (Jan. 2023),
4, 2023),
21 https://content.govdelivery.com/accounts/USED/bulletins/340e623.
21 https://content.govdelivery.com/accounts/USED/bulletins/340e623. In
In other words, this
other words, this
22 administration
22 affirms the
administration affirms the order as an
order as an active
active component
component of President Biden's
of President Biden’s civil
civil rights
rights policy—
policy—
23 and
23 and emphasizes
emphasizes OCR’s “commitment to
OCR's "commitment to complying” with it.
complying" with it. The
The IHRA Definition thus
IHRA Definition thus remains
remains
24 the
24 the federal
federal regulatory
regulatory standard
standard for
for evaluating whether harassing
evaluating whether harassing conduct is motivated
conduct is by anti-
motivated by anti-
25 Semitic
25 intent.
Semitic intent.
26
26 58.
58. In May 2023,
In May 2023, in
in aa Dear
Dear Colleague Letter addressing
Colleague Letter addressing discrimination
discrimination against
against Jewish
Jewish
27 students,
27 students, Assistant
Assistant Secretary Lhamon lists
Secretary Lhamon lists as
as aa resource “Questions and
resource "Questions and Answers
Answers on Executive
on Executive
28 Order
28 Order 13899
13899 (Combating
(Combating Anti-Semitism)
Anti-Semitism) and
and OCR’s Enforcement of
OCR's Enforcement of Title
Title VI
VI of the Civil
of the Rights
Civil Rights
2337311.2
2337311.2
-17-
-17-
COMPLAINT
COMPLAINT
11 Act of 1964.”
Act of U.S. Dep't
1964." U.S. Dep’t of Educ., Dear
of Educ., Dear Colleague Letter Addressing
Colleague Letter Discrimination Against
Addressing Discrimination Against
2 Jewish
2 Jewish Students
Students 33 (May
(May 25,
25, 2023),
2023), https://www2.ed.gov/about/offices/list/ocr/docs/antisemitism-
https://www2.ed.gov/about/offices/list/ocr/docs/antisemitism-
33 dcl.pdf.
dcl.pdf. That FAQ in
That FAQ in turn
turn explains that Executive
explains that Executive Order
Order 13899 “requires federal
13899 "requires federal agencies to
agencies to
44 consider the International

consider the International Holocaust
Remembrance Alliance’s (IHRA) working
Alliance's (IHRA) working definition
definition of
of anti-
anti-
55 Semitism
Semitism and the IHRA’s
and the IHRA's contemporary
contemporary examples
examples of
of anti-Semitism in enforcing
anti-Semitism in enforcing Title
Title VI.” U.S.
VI." U.S.
66 Dep't
Dep’t of Educ., Questions
of Educ., and Answers
Questions and Answers on Executive Order
on Executive Order 13899 (Combating Anti-Semitism
13899 (Combating Anti-Semitism and
and
77 OCR’s Enforcement of
OCR's Enforcement of Title VI of
Title VI the Civil
of the Rights Act
Civil Rights Act of
of 1964)
1964) 1,
1, OCR-000127 (Jan. 19,
OCR-000127 (Jan. 2021),
19, 2021),
88 https://www2.ed.gov/about/offices/list/ocr/docs/qa-titleix-anti-semitism-20210119.pdf; see also

https://www2.ed.gov/about/offices/list/ocr/docs/qa-titleix-anti-semitism-20210119.pdf; see also
id. at
99 id. at 5 (attaching as
5 (attaching appendix the
as appendix the IHRA’s Working Definition
IHRA's Working Definition of
of Anti-Semitism and
Anti-Semitism and
10
10 Contemporary Examples of
Contemporary Examples of Anti-Semitism).
Anti-Semitism).
11
11 59.
59. The
The IHRA
IHRA definition is consistent
definition is with the
consistent with the definition
definition of
of anti-Semitism
anti-Semitism adopted by
adopted by
12 the U.S.
12 the U.S. Department
Department of
of State
State on
on June 8, 2010,
June 8, 2010, during President Obama's
during President Obama’s administration.
administration. This
This
13
13 definition
definition explains that anti-Semitism
explains that anti-Semitism includes
includes efforts to "Delegitimize
efforts to “Delegitimize Israel” by "Denying
Israel" by “Denying the
the
14
14 Jewish
Jewish people their right
people their to self-determination
right to self-determination and
and denying
denying Israel the right
Israel the to exist.”
right to Dep’t of
exist." Dep't of
15
15 State, Fact Sheet:
State, Fact Defining Anti-Semitism
Sheet: Defining Anti-Semitism (June
(June 8, 2010), https://2009-
8, 2010), https://2009-
16 2017.state.gov/j/drl/rls/fs/2010/122352.htm.
16 2017.state.gov/j/drUrls/fs/2010/122352.htm.
17
17 60.
60. On
On September 26, 2018,
September 26, 2018, UN
UN Secretary
Secretary General
General Antonio
Antonio Guterres applauded the
Guterres applauded the
18 IHRA’ss work
18 IHRA' work in
in drafting
drafting aa common
common definition
definition of anti-Semitism and
of anti-Semitism and noted that the
noted that the IHRA
IHRA
19 Definition "can
19 Definition “can serve
serve as
as aa basis
basis for
for law
law enforcement,
enforcement, as well as
as well as preventative
preventative policies.” Press
policies." Press
20 Release,
20 Release, Anti-Semitism Rising Even
Anti-Semitism Rising Even in
in Countries with No
Countries with No Jews
Jews at
at All,
All, Secretary-General
Secretary-General Tells
Tells
21 Event
21 Event on Power of
on Power Education to
of Education to Counter Racism, Discrimination,
Counter Racism, Discrimination, U.N.
U.N. Press
Press Release
Release
22 SG/SM/19252-RD/1022
22 (Sept. 26,
SG/SM/19252-RD/1022 (Sept. 26, 2018),
2018), https://press.un.org/en/2018/sgsm19252.doc.htm.
https://press.un.org/en/2018/sgsm19252.doc.htm.
23
23 61.
61. On December 6,
On December 2018, the
6, 2018, the European
European Council urged European
Council urged European Union
Union member
member states
states
24 that
24 that had
had not
not done
done so
so already to endorse
already to the IHRA'
endorse the IHRA’ss definition
definition of anti-Semitism. Eur.
of anti-Semitism. Eur. Council,
Council,
25 Outcome
25 Outcome of Proceedings (EC)
of Proceedings (EC) No.
No. 15213/18 (Dec. 6,
15213/18 (Dec. 2018),
6, 2018),
26 https://data.consilium.europa.eu/doc/document/ST-15213-2018-INIT/en/pdf.
26 https://data.consilium.europa.eu/doc/document/ST-15213-2018-INIT/en/pdf.
27
27 62.
62. On
On June
June 4, 2019, Organization
4, 2019, Organization of
of American
American States (OAS) Secretary
States (OAS) Secretary General Luis
General Luis
28 Almagro
28 Almagro asked
asked every
every member
member state to adopt
state to adopt the
the IHRA
IHRA definition
definition of anti-Semitism and
of anti-Semitism and adopted the
adopted the
2337311.2
2337311.2
-18-
-18-
COMPLAINT
COMPLAINT
11 IHRA
IHRA definition as the
definition as the official
official OAS
OAS definition to be
definition to be employed
employed in
in OAS work. General
OAS work. Luis
General Luis
2 Almagro
2 (@Almagro_OEA2015),
Almagro (@Almagro OEA2015), T (June 4,
WITTER (June
TWITTER 2019, 1:47
4, 2019, PM),
1:47 PM),
33 https://twitter.com/Almagro_OEA2015/status/1135966386302459906?s=20.
https://twitter.com/Almagro OEA2015/status/113 5966386302459906?s=20.
44 C.
C. Registered
Registered Student
Student Groups At UC
Groups At UC Berkeley, Including The
Berkeley, Including The Law
Law
55 School, Are Required

School, Are Annually To
Required Annually To Pledge
Pledge Their
Their Commitment
Commitment To “A
To "A
66 Just
Just Community In Which
Community In Which Discrimination
Discrimination and Hate Are
and Hate Are Not
Not
77 Tolerated.”
Tolerated." Once
Once Registered,
Registered, Groups Obtain Significant
Groups Obtain Advantages,
Significant Advantages,
88 Including Funding.
Including Funding.
99 63.
63. Both UC
Both UC Berkeley
Berkeley and the Law
and the Law School
School have long and
have long famously heralded
and famously their
heralded their
10
10 commitment to civil
commitment to civil rights and equal
rights and treatment of
equal treatment of all
all persons
persons regardless
regardless of
of race,
race, ethnicity,
ethnicity, national
national
11
11 origin,
origin, gender,
gender, sexual
sexual preference,
preference, faith,
faith, military
military status,
status, physical
physical disability,
disability, and/or
and/or heritage.
heritage.
12
12 64.
64. UC Berkeley's
UC Berkeley’s rules for registered
rules for registered student groups, including
student groups, law school
including law school groups,
groups,
13
13 require
require prospective
prospective and
and current groups alike
current groups to include
alike to the following
include the following "all-comers"
“all-comers” clause verbatim
clause verbatim
14 in their
14 in their respective
respective constitutions:
constitutions:
15
15 We will
We will not
not restrict
restrict membership based upon
membership based upon race,
race, color,
color, national
national origin,
origin, religion,
religion,
sex,
sex, gender
gender identity,
identity, pregnancy (including pregnancy,
pregnancy (including pregnancy, childbirth, and medical
childbirth, and medical
16
16 conditions
conditions related to pregnancy
related to pregnancy oror childbirth),
childbirth), physical
physical or mental disability,
or mental disability,
medical
medical condition (cancer related
condition (cancer related or genetic characteristics),
or genetic ancestry, marital
characteristics), ancestry, marital
17
17
status,
status, age,
age, sexual
sexual orientation,
orientation, citizenship,
citizenship, or
or service in the
service in the uniformed
uniformed services
services
18
18 (including membership,
(including membership, application for membership,
application for membership, performance
performance ofof service,
service,
application for service,
application for service, or
or obligation
obligation for
for service in the
service in the uniformed
uniformed services).
services).
19
19
Required RSO
20 Required
20 RSO Constitution Clauses, LEAD
Constitution Clauses, LEAD C ENTER,
CENTER,
21 https://docs.google.com/document/d/13UcGDtafC2aqQtWaSN9RhL9XivBCndA201sQHmZ8YQ
21 https://docs.google.com/document/d/13UcGDtafC2aqQtWaSN9RhL9XivBCndA201sQHmZ8YQ
22 0/edit
22 (last visited
0/edit (last visited Nov.
Nov. 27,
27, 2023).
2023).
23
23 65.
65. Registered student
Registered groups must
pledge their to "the
dignity of
of all
all
individuals,” to
24 individuals,"
24 to free
free expression,
expression, and to upholding
and to upholding "a
“a just
just community in which
discrimination and
and
25 hate
25 hate are
are not 2023-2024 New
tolerated.” 2023-2024
not tolerated." New Organization Application Questions
Organization Application Questions 6,
6, LEAD
LEAD C ENTER,
CENTER,
26 https://docs.google.com/document/d/1dx-7-2d47wuXD-_A7PLRdloQAbdOfJHBMOA-
26 https://docs.google.com/document/d/1dx-7-2d47wuXD- A7PLRdloQAbdOfJHBMOA-
27 CLc27to/edit
27 (last visited
CLc27to/edit (last visited Nov.
Nov. 27,
27, 2023).
2023).
28
28
2337311.2
2337311.2
-19-
-19-
COMPLAINT
COMPLAINT
11 66.
66. In
In exchange
exchange for making and
for making and upholding
upholding this
this pledge and other
pledge and other commitments, groups
commitments, groups
22 are
are afforded
afforded significant
significant privileges,
privileges, including funding for
including funding for events,
events, meeting
meeting spaces
spaces on
on campus,
campus, and
and
33 use
use of the words
of the words "UC
“UC Berkeley"
Berkeley” as
as part
part of the groups'
of the groups’ names. Funding is
names. Funding is derived
derived from
from mandatory
mandatory
44 student
student activities fees paid
activities fees by each
paid by each student
student or, in the
or, in the case
case of the Law
of the Law School, from the
School, from the UC
UC
55 Berkeley
Berkeley Graduate Assembly, which
Graduate Assembly, which is
is funded
funded by
by Graduate
Graduate Student Fees.
Student Fees.
66 67.
67. Among the groups
Among the groups that
that make these commitments
make these commitments are “student-initiated legal
are "student-initiated legal
77 services
services projects,” which are
projects," which are part
part of Berkeley Law's
of Berkeley Law’s experiential
experiential education
education programs.
programs. The Law
The Law
88 School
School provides these programs
provides these programs so that students
so that students can
can participate
participate in “hands-on learning
in "hands-on learning
99 opportunities”
opportunities" as
as early
early as their first
as their first semester
semester at the law
at the law school.
school. The Law School
The Law School describes these
describes these
10
10 programs
programs as being at
as being the "cutting-edge
at the “cutting-edge of legal education”
of legal education" and
and maintains that they
maintains that they "make
“make Berkeley
Berkeley
11 Law graduates
11 Law graduates particularly
particularly ready for practice
ready for practice in whatever area
in whatever area they
they pursue.” See Experiential
pursue." See Experiential
12 education is
12 education a central
is a central component
component of
of the Berkeley Law
the Berkeley Law experience,
experience, BERKELEY
BERKELEY LAW
LAW S CH.,
SCH.,
13
13 https://www.law.berkeley.edu/experiential/ (last visited
https://www.law.berkeley.edu/experiential/ (last visited Nov.
Nov. 27,
27, 2023).
2023). These
These programs
programs allow
allow
14
14 students to gain
students to gain client
client experience;
experience; develop
develop lawyering
lawyering and leadership skills;
and leadership skills; meet
meet minimum
minimum hours
hours
15
15 requirements for summer
requirements for summer fellowships;
fellowships; serve the community;
serve the community; receive training, supervision,
receive training, supervision, and
and
16
16 mentoring;
mentoring; and
and earn
earn pro bono hours
pro bono for state
hours for bar requirements,
state bar requirements, summer
summer public interest stipends,
public interest stipends,
17
17 and
and recognition at Berkeley
recognition at Berkeley Law's
Law’s Public
Public Interest
Interest and Pro Bono
and Pro Bono graduation. Id.
graduation. Id.
18
18 68.
68. These
These commitments are also
commitments are also made by Berkeley
made by Berkeley Law's
Law’s student-edited law journals
student-edited law journals
19 (the Journals).
19 (the Berkeley Law
Journals). Berkeley Law maintains that participation
maintains that participation in its Journals
in its “enhances the
Journals "enhances the learning
learning
20 experience
20 experience for Berkeley Law
for Berkeley Law students by providing
students by providing opportunities to develop
opportunities to develop and
and improve
improve legal
legal
21 writing
21 writing and
and research
research skills, with in-depth
skills, with in-depth exposure to aa rapidly
exposure to rapidly expanding
expanding body
body of
of law that
law that
22 augments
22 general course
augments general course work." Student Journals,
work.” Student Journals, BERKELEY
BERKELEY LAW
LAW S CH.,
SCH.,
23 https://www.law.berkeley.edu/students/student-journals/
23 (last visited
https://www.law.berkeley.edu/students/student-journals/ (last visited Nov.
Nov. 27,
27, 2023).
2023). The Law
The Law
24 School
24 maintains that
School maintains that Journal
Journal membership, with the
membership, with the exception
exception of the California
of the Law Review,
California Law Review, is
is
25 "open
25 “open to
to all students” in
all students" in "keeping
“keeping with
with Berkeley
Berkeley Law's
Law’s spirit
spirit of
of cooperative
cooperative education.” Id.
education." Id.
26
26 69.
69. Unfortunately, as
Unfortunately, as discussed below, aa number
discussed below, number of
of student
student organizations at Berkeley
organizations at Berkeley
27 Law
27 Law (including
(including student-initiated legal service
student-initiated legal service projects and law
projects and law journals)
journals) and
and at the undergraduate
at the undergraduate
28
28
2337311.2
2337311.2
-20-
-20-
COMPLAINT
COMPLAINT
11 campus
campus have
have made and renewed
made and their pledges
renewed their to respect
pledges to the dignity
respect the dignity of all individuals
of all while
individuals while
22 simultaneously
simultaneously expressing their hostility
expressing their towards Jews.
hostility towards Jews.
33 D.
D. Legal
Legal Services
Services Projects And Registered
Projects And Registered Student
Student Groups At Berkeley
Groups At Berkeley
44 Law Adopt An
Law Adopt An Anti-Semitic
Anti-Semitic Bylaw
Bylaw That
That Excludes “Zionist” Speakers
Excludes "Zionist" Speakers
55 And Silences
And Silences Jewish
Jewish Students,
Students, Faculty, And Other
Faculty, And Members Of
Other Members Of The
The
66 Berkeley Community
Berkeley Who Support
Community Who Support The
The Jewish
Jewish State
State Of
Of Israel.
Israel.
77 70.
70. Law Students
Law Students for
for Justice in Palestine
Justice in Palestine (LSJP)
(LSJP) is
is aa recognized
recognized student
student group
group
88 operating
operating at Berkeley Law.
at Berkeley Law. Its
Its constitution includes an
constitution includes “all-comers” clause
an "all-comers" which precludes
clause which precludes
99 membership
membership restrictions based on
restrictions based on categories
categories such as race,
such as race, color,
color, national
national origin,
origin, and
and religion,
religion,
10
10 among
among others. Like other
others. Like other registered
registered student groups, LSJP
student groups, LSJP pledges
pledges its
its commitment to "the
dignity
11
11 of
of all
all individuals,” to free
individuals," to free expression, and to
upholding "a
“a just
just community
in which discrimination
12
12 and
and hate are not
hate are tolerated.”
not tolerated."
13
13 71.
71. In
In August 2022, LSJP
August 2022, LSJP amended
amended its
its constitution to include
constitution to include aa bylaw
bylaw that
that
14
14 discriminates
discriminates against the Jewish
against the Jewish community by providing
community by that the
providing that the student group "will
student group “will not invite
not invite
15
15 speakers that have
speakers that have expressed and continue
expressed and to hold
continue to views or
hold views or host/sponsor/promote
host/sponsor/promote events
events in
in
16
16 support
support of
of Zionism[.]”
Zionism[.]" See LSJP Const.,
See LSJP UNIV. OF C
Const., UNIV. AL. BERKELEY,
CAL. BERKELEY,
17
17 https://callink.berkeley.edu/organization/lsjp (last visited
https://callink.berkeley.edu/organization/lsjp (last visited Nov.
Nov. 27,
27, 2023).
2023). The LSJP Constitution
The LSJP Constitution
18
18 reads, in pertinent
reads, in pertinent part:
part:
19
19 In the rejection
In the rejection ofof colonialism, imperialism, and
colonialism, imperialism, and other types of
other types of oppression, LSJP is
oppression, LSJP is
dedicated
dedicated to to wholly
wholly boycotting,
boycotting, sanctioning,
sanctioning, and and divesting
divesting funds
funds from institutions,
from institutions,
20
20 organizations,
organizations, companies,
companies, and and any
any entity that participated
entity that participated in in or is directly/indirectly
or is directly/indirectly
complicit
complicit in in the
the occupation
occupation of the Palestinian
of the Palestinian territories
territories and/or
and/or supports the actions
supports the actions
21
21
of the apartheid
of the apartheid state
state of
of Israel. Furthermore, in
Israel. Furthermore, in the
the interest
interest ofof protecting the safety
protecting the safety
22
22 and welfare of
and welfare Palestinian students
of Palestinian students onon campus,
campus, LSJP LSJP will
will not
not invite
invite speakers that
speakers that
have
have expressed
expressed and and continued
continued to to hold views or
host/sponsor/promote events events in
in
23
23 support of Zionism, the apartheid state of Israel, and the occupation
support of Zionism, the apartheid state of Israel, and the occupation of Palestine. To of Palestine. To
ensure that solidarity
ensure that solidarity isis practiced both in
practiced both in theory
theory andand in
in practice, LSJP members
practice, LSJP members agree
agree
24
24 to participate
to participate in in aa "Palestine
“Palestine 101” training held
101" training held byby the
the Law
Law Students
Students Justice
Justice for
for
Palestine executive
Palestine board to
executive board to learn
learn ways
ways to to create
create aa safe
safe and inclusive space
and inclusive space for
for
25
25
Palestinian students
Palestinian students and
and students
students that
that are
are in the support
in the support of the liberation
of the liberation of Palestine,
of Palestine,
26
26 as well as
as well as engaging
engaging in in the
the BDS
BDS movement
movement in the principled
in the principled manner Palestinians are
manner Palestinians are
asking for.
asking for.
27
27
28
28
2337311.2
2337311.2
-21-
-21-
COMPLAINT
COMPLAINT
11 72.
72. A Berkeley law
A Berkeley law student
student and
and self-proclaimed author of
self-proclaimed author the LSJP
of the LSJP amendment (e.g.,
amendment (e.g.,
2 the
2 the Exclusionary
Exclusionary Bylaw)
Bylaw) explained in aa public
explained in webinar that
public webinar that the
the ban
ban on
on Zionist
Zionist speakers
speakers is to be
is to be
33 read
read as
as aa declaration that, "We
declaration that, “We stand
stand against white supremacy
against white supremacy and
and colonialism,”
colonialism," and that only
and that only
44 speakers who agree

speakers who that Israel
agree that Israel is
is aa "racist"
“racist” and
and "colonial"
“colonial” endeavor
endeavor may be invited
may be to speak
invited to speak to
to
55 Law
Law School
School Group
Group members. Because Dean
members. Because Dean Chemerinsky
Chemerinsky is
is himself
himself aa Zionist,
Zionist, she
she stated that UC
stated that UC
66 Berkeley
Berkeley cannot be "a
cannot be “a neutral
neutral space where free
space where free and
and open
open dialogue
dialogue is taking place.”
is taking Finally, she
place." Finally, she
77 revealed that her

revealed that “goal” is
her "goal" is to
to persuade
persuade all
all student groups, including
student groups, including undergraduate
undergraduate groups,
groups, at
at UC
UC
88 Berkeley
Berkeley and
and elsewhere, to adopt
elsewhere, to adopt her Exclusionary Bylaw
her Exclusionary Bylaw or
or aa similar
similar statement
statement demonizing
demonizing Israel
Israel
99 as
as aa "white
“white supremacist,” “colonial” state.
supremacist," "colonial" See Foundation
state. See Foundation of Middle East
of Middle East Peace,
Peace, The Berkeley
The Berkeley
10 LSJP Bylaw
10 LSJP Bylaw and
and Its
Its Aftermath,
Aftermath, YOUTUBE (March
YouTuBE (March 6, 2023),
6, 2023),
11
11 https://www.youtube.com/watch?v=7oHIyCpgCJ8.
https://www.youtube.com/watch?v=7oHIyCpgCJ8.
12
12 73.
73. Dylan Saba,
Dylan Saba, an attorney holding
an attorney holding himself
himself out as counsel
out as for LSJP,
counsel for LSJP, has
has admitted that
admitted that
13 the marginalization
13 the marginalization and
and exclusion
exclusion of
of Jewish
Jewish students is both
students is both an intended and
an intended acceptable
and acceptable
14
14 consequence
consequence of the Exclusionary
of the Exclusionary Bylaw.
Bylaw. His
His clients,
clients, he
he explained, are "are
explained, are “are trying
trying to
to build
build aa mass
mass
15
15 movement”
movement" against
against Israel and are
Israel and are not interested in
not interested in alleviating
alleviating "the
“the discomfort
discomfort of
of Zionist
Zionist students.”
students."
16
16 To the contrary,
To the contrary, he
he stated, “it is
stated, "it is good
good for
for people like that
people like that to
to be
be uncomfortable." See Peter
uncomfortable.” See Peter Beinart
Beinart
17 with Dylan
17 with Dylan Saba & Ethan
Saba & Ethan Katz
Katz on the Controversy
on the Controversy About
About Zionist
Zionist Speakers
Speakers at Berkeley Law,
at Berkeley Law,
18 YOUTUBE (January
18 YouTuBE (January 6, 2023), https://www.youtube.com/watch?v=RuDmyoO7-Zk.
6, 2023), https://www.youtube.com/watch?v=RuDmyoO7-Zk.
19
19 74.
74. Following its
Following its own
own adoption
adoption of the Exclusionary
of the Exclusionary Bylaw,
Bylaw, LSJP
LSJP circulated
circulated it to other
it to other
20 student
20 groups and
student groups Legal Services
and Legal Projects at
Services Projects at Berkeley
Berkeley Law,
Law, urging
urging them
them to
to amend
amend their
their own
own
21 constitutions
21 to include
constitutions to the Exclusionary
include the Exclusionary Bylaw.
Bylaw. Berkeley
Berkeley LSJP
LSJP (@berkeleylawforpalestine),
(@berkeleylawforpalestine),
22 IINSTAGRAM
22 (Aug. 21,
NSTAGRAM (Aug. 21, 2022),
2022),
23 https://www.instagram.com/p/Chh_43tpLnm/?igshid=YmMyMTA2M2Y=.
23 https://www.instagram.com/p/Chh 43tpLnm/?igshid=YmMyMTA2M2Y=.
24
24 75.
75. Following this
Following this request,
request, at
at least 23 organizations
least 23 at Berkeley
organizations at Berkeley Law
Law have
have adopted the
adopted the
25 Exclusionary
25 Exclusionary Bylaw
Bylaw or
or aa substantially
substantially similar version of
similar version it to
of it to date.
date.
26
26 76.
76. For example,
For the Community
example, the Defense Project,
Community Defense Project, one
one of Berkeley’s practical
of Berkeley's practical clinics,
clinics,
27 similarly
27 similarly amended its Constitution
amended its to read,
Constitution to in pertinent
read, in pertinent part:
part:
28
28
2337311.2
2337311.2
-22-
-22-
COMPLAINT
COMPLAINT
11 In the rejection
In the rejection ofof colonialism,
colonialism, imperialism,
imperialism, andand other types of
other types of oppression, CDP is
oppression, CDP is
dedicated
dedicated toto wholly
wholly boycotting,
boycotting, sanctioning,
sanctioning, and
and divesting
divesting funds from organizations,
funds from organizations,
22 companies,
companies, andand any
entity that in or
participated in is directly/indirectly
or is directly/indirectly complicit
complicit in
in
the occupation
the occupation of Palestinian territories
of Palestinian territories and/or
and/or supports the actions
supports the actions of the apartheid
of the apartheid
33
state
state of Israel. Furthermore,
of Israel. Furthermore, in the interest
in the interest of
of protecting the safety
protecting the safety of Palestinian
of Palestinian
44 students
students on
on campus,
campus, CPD will not
CPD will not invite
invite speakers that have
speakers that have expressed
expressed and
and continued
continued
to hold
to views or
host/sponsor/promote events
events in
in support
support of Zionism, the
of Zionism, the apartheid
apartheid
55 state
state of
of Israel,
Israel, and the occupation
and the occupation of Palestine.
of Palestine.
66 Cmty. Defense Project
Cmty. Defense Project Constn.
Constn. art.
art. V,
V, UNIV.
UNIV. OF C AL. BERKELEY,
CAL. BERKELEY, (amended
(amended Aug.
Aug. 18, 2023),
18, 2023),
77 https://callink.berkeley.edu/organization/communitydefenseproject (last visited

https://callink.berkeley.edu/organization/communitydefenseproject (last visited Nov.
Nov. 27,
27, 2023).
2023).
88
77.
77. The
The Constitution
Constitution of Berkeley Journal
the Berkeley
of the Journal of
of Gender, Law &
Gender, Law Justice has
& Justice been
has been
99
amended to read,
amended to in pertinent
read, in pertinent part:
part:
10
10
In the rejection
In the rejection of
of colonialism,
colonialism, imperialism,
imperialism, andand other types of
other types of oppression,
oppression, BGLJBGLJ isis
11
11
dedicated to wholly
dedicated to wholly boycotting,
boycotting, sanctioning, and divesting
sanctioning, and divesting funds
funds from institutions,
from institutions,
12
12 organizations,
organizations, companies,
companies, andand any
entity that in or
participated in is directly/indirectly
or is directly/indirectly
complicit in the
complicit in the occupation
occupation of the Palestinian
of the Palestinian territories
territories and/or
and/or supports
supports thethe actions
actions
13
13 of the apartheid
of the apartheid state
state of Israel. .. .. Furthermore,
of Israel. Furthermore, inin the
the interest
interest of
of protecting
protecting thethe safety
safety
and welfare of
and welfare Palestinian students
of Palestinian students on on campus, BGLJ will
campus, BGLJ will not invite speakers
not invite speakers oror
14
14 publish
publish pieces
pieces byby authors that have
authors that have expressed
expressed andand continued
continued to to hold views or
hold views or
15
15
host/sponsor/promote
host/sponsor/promote events in support
events in support of Zionism, the
of Zionism, the apartheid
apartheid state
state of Israel, and
of Israel, and
the occupation
the occupation of Palestine.
of Palestine.
16
16
17 Bylaws (current
17 Bylaws (current through
through July
July 10, 2023), Art.
10, 2023), Art. 4.4(a)-(b), UNIV. OF C
4.4(a)-(b), UNIV. AL. BERKELEY,
CAL. BERKELEY,
18 https://callink.berkeley.edu/organization/gaberkeleyjournalofgenderlawandjustice
18 (last visited
https://callink.berkeley.edu/organization/gaberkeleyjournalofgenderlawandjustice (last visited
19 Nov. 27,
19 Nov. 27, 2023).
2023).
20
20 78.
78. Student
Student leaders in any
leaders in Legal Services
any Legal Project or
Services Project or Group wishing to
Group wishing to join
join this
this
“movement” are
21 "movement"
21 are required to "participate
required to “participate in
in aa ‘Palestine 101’ training
`Palestine 101' training held by the
held by the Law
Law Students
Students
22 Justice
22 Justice for
for Palestine[.]" See, e.g.,
Palestine[.]” See, e.g., id
id at
at Art.
Art. 4.4(c).
4.4(c). They
They are also required
are also to participate
required to participate actively
actively in
in
BDS, aa movement
23 BDS,
23 that seeks
movement that the elimination
seeks the elimination of the Jewish
of the Jewish State. Id.
State. Id.
24
24 79.
79. Other than LSJP,
Other than LSJP, none
none of the Legal
of the Legal Services Projects or
Services Projects or Groups
Groups has
has aa mission
mission or
or
25 purpose
25 that is
purpose that is related to Zionism,
related to Zionism, Israel,
Israel, or the Israeli-Palestinian
or the Israeli-Palestinian conflict.
conflict.
26
26 80.
80. According to students
According to who participated
students who in the
participated in the Palestine
Palestine 101 training held
101 training by LSJP,
held by LSJP,
“[t]he presenters
27 "[t]he
27 presenters equated Zionism with
equated Zionism with imperialism,
imperialism, ethnic
ethnic erasure, and colonialism.”
erasure, and colonialism." Charlotte
Charlotte
28 Aaron,
28 Noah Cohen,
Aaron, Noah Billy Malmed,
Cohen, Billy Malmed, Adam Pukier, We’re
Adam Pukier, Jewish Berkeley
We're Jewish Berkeley Law
Law Students,
Students, Excluded
Excluded
2337311.2
2337311.2
-23-
-23-
COMPLAINT
COMPLAINT
in Many
11 in Many Areas
Areas on
on Campus, DAILY BEAST
Campus, DAILY BEAST (Oct.
(Oct. 17, 2022), https://www.thedailybeast.com/were-
17, 2022), https://www.thedailybeast.com/were-
22 jewish-berkeley-law-students-excluded-in-many-areas-on-campus.
jewish-berkeley-law-students-excluded-in-many-areas-on-campus. The “main takeaway"
The "main takeaway” from
from
33 the
the presentation was that
presentation was that "Israel
“Israel is
is an
an illegitimate
illegitimate state that does
state that does not
not have
have aa right to exist”
right to exist" and the
and the
44 "only
“only option to protect
option to Palestinian students
protect Palestinian students is to exclude
is to Zionists and
exclude Zionists and denounce Id.
Zionism.” Id.
denounce Zionism."
55 81.
81. The
The result
result of the amended
of the amended constitutions
constitutions and the Palestine
and the Palestine 101 training was
101 training was
66 predictable.
predictable. Jewish first-year law
Jewish first-year law students
students chose
chose not to join
not to join student groups that
student groups that adopted
adopted the
the
77 Exclusionary
Exclusionary Bylaw
Bylaw and whose leaders
and whose leaders attended the Palestine
attended the Palestine 101 training. As
101 training. As several
several law
law school
school
88 students
students explained, “No organization
explained, "No organization has
has said
said ‘Jews
`Jews are
are not welcome,’ but
not welcome,' but in
in practice, these by-
practice, these by-
99 laws
laws and the training
and the training say
say exactly that. Student
exactly that. leaders now
Student leaders now accept the exclusion
accept the exclusion of
of Jews because of
Jews because of
10
10 an
an aspect of their
aspect of their identity.
identity. There is tolerance
There is tolerance to
to marginalize us because
marginalize us because of
of our Id.
faith.” Id.
our faith."
11
11 82.
82. By amending
By their constitutions
amending their to add
constitutions to add the
the Exclusionary
Exclusionary Bylaw,
Bylaw, these
these entities
entities have
have
12
12 marginalized
marginalized Jewish
Jewish students for whom
students for whom Zionism
Zionism is
is integral to their
integral to their identity
identity and
and excluded
excluded Jewish
Jewish
13
13 members
members of the Berkeley
of the Berkeley community
community from
from participating in group
participating in group activities
activities in violation of
in violation the all-
of the all-
14
14 comers
comers policy. While the
policy. While the Legal
Legal Services Projects and
Services Projects and Groups
Groups may
may protest that anyone
protest that anyone can join,
can join,
15 the fact
15 the is that
fact is that Jewish and Israeli
Jewish and Israeli students
students can
can do
do so
so only by renouncing
only by renouncing or
or hiding their own
hiding their own
16 identities or
16 identities by remaining
or by remaining silent. Neither option
silent. Neither option can lawfully be
can lawfully be demanded
demanded of any individual
of any individual
17 under UC
17 under UC policy
policy or U.S. law.
or U.S. law.
18
18 83.
83. As
As aa result, the Exclusionary
result, the Exclusionary Bylaw
Bylaw prevents
prevents students
students from
from obtaining the same
obtaining the same
19
19 opportunities for participation
opportunities for at the
participation at the law
law school
school and
and deprives them of
deprives them of opportunities
opportunities for
for career
career
20 advancement.
20 advancement. The ban on
The ban Zionist speakers
on Zionist speakers serves to exclude
serves to exclude Jewish law students,
Jewish law students, as Zionism is
as Zionism is
21 integral
21 integral to
to Jewish identity, from
Jewish identity, from serving
serving in leadership roles
in leadership roles or from fully
or from fully participating in law
participating in law
22 student
22 groups that
student groups that have
Bylaw. These
These Jewish
Jewish students are compelled
students are to
compelled to
23 hide
23 hide or
or disavow their pride
disavow their in their
pride in their ancestral
ancestral Jewish
Jewish heritage
heritage in
in order to fully
order to benefit from
fully benefit from club
club
24 membership.
24 membership.
25
25 84.
84. Preventing Jewish
Preventing law students
Jewish law students from
from participating
participating in
in aa journal like The
journal like Berkeley
The Berkeley
26 Journal of
26 Journal of Gender, Law, and
Gender, Law, and Justice
Justice denies them aa beneficial
denies them beneficial educational
educational opportunity that is
opportunity that is
27 afforded
27 to other
afforded to other students.
students. It limits their
It limits their avenues
avenues for
for developing
developing and improving legal
and improving legal research,
research,
28
28
2337311.2
2337311.2
-24-
-24-
COMPLAINT
COMPLAINT
11 writing,
writing, and
and editing
editing skills, while also
skills, while also limiting
limiting their
their choices for obtaining
choices for obtaining academic
academic credits towards
credits towards
22 graduation.
graduation.
33 85.
85. Excluding law
Excluding law students
students from Legal Services
from Legal Projects prevents
Services Projects them from
prevents them from receiving
receiving
44 aa quintessential law school

quintessential law school experience. Experiential legal
experience. Experiential work enables
legal work enables students to acquire
students to acquire hands-
hands-
55 on
on legal
legal experience while at
experience while the same
at the time earning
same time earning other valuable benefits.
other valuable benefits. These
These projects
projects allow
allow
66 law
law students to earn
students to earn pro-bono
pro-bono hours
hours for
for state bar requirements,
state bar requirements, and
and receive training, supervision,
receive training, supervision,
77 and
and mentorship. Depriving Jewish
mentorship. Depriving Jewish students
students of the opportunity
of the to be
opportunity to be part
part of the Community
of the Community
88 Defense
Defense Project,
Project, for
for example,
example, disserves
disserves not
not only the students
only the but the
students but the members
members of the community
of the community
99 that
that come to the
come to the project
project for assistance.
for assistance.
10
10 86.
86. Being excluded
Being excluded from groups like
from groups like Women
Women of
of Berkeley
Berkeley Law,
Law, the
the Queer
Queer Caucus
Caucus at
at
11 Berkeley, and
11 Berkeley, the Law
and the Law Students
Students of
of African Descent means
African Descent means not
not only the loss
only the loss of
of camaraderie
camaraderie and
and
12
12 educational
educational opportunities; it means
opportunities; it means lost
lost networking
networking opportunities with other
opportunities with other students
students destined
destined for
for
13 the California
13 the bar and
California bar bench, and
and bench, with practicing
and with lawyers who
practicing lawyers who are interested in
are interested in mentoring
mentoring and
and
14
14 promoting young lawyers
promoting young who belong
lawyers who belong or
or belonged to the
belonged to the groups
groups they
they belonged
belonged to
to in law school.
in law school.
15
15 87.
87. The
The harm is not
harm is not limited to Jewish
limited to Jewish students. Registered student
students. Registered groups at
student groups UC
at UC
16 Berkeley and
16 Berkeley at the
and at the Law
Law School
School routinely
routinely contract with outside
contract with outside speakers to present
speakers to to their
present to their
17
17 members,
members, paying their fees
paying their with funds
fees with funds the
the University
University provides to registered
provides to registered student
student groups. By
groups. By
18
18 placing
placing aa discriminatory ban on
discriminatory ban “Zionist” speakers,
on "Zionist" they have
speakers, they also stigmatized
have also and violated
stigmatized and violated the
the
19
19 rights of scholars
rights of who would
scholars who would otherwise
otherwise have an opportunity
have an to speak
opportunity to to these
speak to these groups.
groups. And they
And they
20 have
20 have prevented those scholars
prevented those from having
scholars from having even the opportunity
even the to be
opportunity to be considered
considered for
for speaking
speaking
21 engagements,
21 which deprives
engagements, which them of
deprives them of monetary
monetary compensation and the
compensation and the advancement
advancement of their own
of their own
22 careers.
22 careers.
23
23 88.
88. As
As discussed below, the
discussed below, the adoption of the
adoption of the Exclusionary
Exclusionary Bylaw
Bylaw and the exclusion
and the exclusion of
of
24 Jews
24 by these
Jews by these Legal
Legal Services Projects and
Services Projects and Groups violates the
Groups violates the U.S.
U.S. Constitution
Constitution and federal law.
and federal law.
25 It
25 also violates
It also violates UC
UC and UC Berkeley
and UC Berkeley policy,
policy, namely the UC
namely the UC Policy
Policy on
on non-discrimination and UC
non-discrimination and UC
26 Berkeley's
26 Berkeley’s "all-comers"
“all-comers” policy.
policy.
27
27
28
28
2337311.2
2337311.2
-25-
-25-
COMPLAINT
COMPLAINT
11 E.
E. Berkeley Leaders
Berkeley Acknowledge That
Leaders Acknowledge That The
The Ban Is Discriminatory
Ban Is And
Discriminatory And
2
2 Anti-Semitic Yet
Anti-Semitic Yet Fail
Fail To
To Take
Take Meaningful Action.
Meaningful Action.
33 89.
89. Although Defendants acknowledged
Although Defendants acknowledged the
the adoption
adoption of the discriminatory
of the violates
discriminatory violates
44 school
school policy, they have
policy, they failed to
have failed to take
take appropriate
appropriate action in response.
action in response.
55 90.
90. Section 20.00 of
Section 20.00 of the
the UC
UC Policies
Policies Applying to Campus
Applying to Campus Activities,
Activities, Organizations
Organizations
66 and
and Students (PACAOS) entitled
Students (PACAOS) “Policy on
entitled "Policy Nondiscrimination,” provides:
on Nondiscrimination," provides:
77 The University is
The University is committed
committed to to aa policy
policy against legally impermissible,
against legally impermissible, arbitrary,
arbitrary, or
or
unreasonable discriminatory
unreasonable discriminatory practices.
practices. All groups operating
All groups under the
operating under the authority
authority of
of
88 The Regents, including
The Regents, including administration,
administration, faculty,
faculty, student
student governments, University-
governments, University-
owned
owned residence
residence halls,
halls, and
and programs
programs sponsored by the
sponsored by the University
University or
or any
any campus, are
campus, are
99
governed by
governed by this
this policy
policy of
of nondiscrimination.
nondiscrimination. The intent of
The intent the University's
of the University’s policy
policy
10
10 on
on nondiscrimination
nondiscrimination is to reflect
is to reflect fully the spirit
fully the spirit of the law.
of the law. In
In carrying
carrying out this
out this
Policy, the
Policy, the University
University also
also shall be sensitive
shall be to the
sensitive to the existence
existence of
of past and continuing
past and continuing
11
11 societal
societal discrimination.
discrimination.
12 PACAOS-20, https://policy.ucop.edu/doc/2710522/PACAOS-20
12 PACAOS-20, (last visited
https://policy.ucop.edu/doc/2710522/PACAOS-20 (last visited Nov.
Nov. 27,
27, 2023).
2023).
13
13 91.
91. As
As noted
noted above, under the
above, under the University's
University’s "all-comers"
“all-comers” policy,
policy, registered
registered student
student
14 groups may
14 groups may not
not impose membership restrictions
impose membership based on
restrictions based on categories
categories such
such as
as race,
race, color,
color, national
national
15 origin,
15 origin, and
and religion, among others.
religion, among Registered student
others. Registered groups must
pledge their commitment
16 to "the
16 to “the dignity
dignity of
of all individuals,” to
all individuals," to free
free expression,
and to upholding "a
“a just
just community in which
community in which
17 discrimination
17 and hate
discrimination and hate are
are not 2023-2024 New
tolerated.” 2023-2024
not tolerated." New Organization Application Questions
Organization Application Questions 6,
6,
18 LEAD C
18 LEAD ENTER, https://docs.google.com/document/d/1dx-7-2d47wuXD-
CENTER, https://docs.google.com/document/d/ldx-7-2d47wuXD-
19 _A7PLRdloQAbdOfJHBMOA-CLc27to/edit
19 (last visited
A7PLRdloQAbdOfJHBMOA-CLc27to/edit (last visited Nov.
Nov. 27,
27, 2023).
2023).
20
20 92.
92. Excluding Jewish
Excluding students and
Jewish students and speakers from participating
speakers from participating in these groups
in these groups violates
violates
both the
21 both
21 the Policy
Policy on Nondiscrimination and
on Nondiscrimination and the
the "all-comers"
“all-comers” policy. Dean Chemerinsky
policy. Dean Chemerinsky has
has
22 explained
22 that student
explained that student organizations “have the
organizations "have the right to choose
right to choose speakers
speakers for their events
for their based on
events based on
viewpoint.” Pat
23 viewpoint."
23 Pat Joseph, Discriminatory Bylaws
Joseph, Discriminatory Bylaws and
and Free
Free Speech;
Speech; A
A Q&A with Berkeley
Q&A with Berkeley Law
Law
Dean Erwin
24 Dean
24 Erwin Chemerinsky,
Chemerinsky, C AL. MAG.
CAL. MAG. (Dec.
(Dec. 1, 2022), https://alumni.berkeley.edu/california-
1, 2022), https://alumni.berkeley.edu/california-
25 magazine/2022-winter/discriminatory-bylaws-and-free-speech/.
25 But he
magazine/2022-winter/discriminatory-bylaws-and-free-speech/. But added that
he added that "[i]t
“[i]t would
would be
be
26 punishable
26 if they
punishable if they discriminated
discriminated based
based on
on religion (or race
religion (or race or
or sex
sex or
or sexual
sexual orientation) in inviting
orientation) in inviting
27 speakers.”
27 Id.
speakers." Id.
28
28
2337311.2
2337311.2
-26-
-26-
COMPLAINT
COMPLAINT
11 93.
93. Dean Chemerinsky
Dean Chemerinsky further
further explained that actually
explained that “exclud[ing] aa speaker
actually "exclud[ing] speaker on
on
2 account
2 of being
account of being Jewish
Jewish or
or holding
holding particular views about
particular views about Israel” is "conduct,
Israel" is “conduct, of
of course, [that]
course, [that]
33 would
would be
be subject to sanctions."
subject to sanctions.” Erwin Chemerinsky, There
Erwin Chemerinsky, Are No
There Are No ‘Jewish-Free’
Jewish-Free ' Zones on the
Zones on the
44 UC-Berkeley
UC-Berkeley Campus, DAILY BEAST
Campus, DAILY BEAST (Oct.
(Oct. 1, 2022) (updated
1, 2022) (updated Oct. 2, 2022),
Oct. 2, 2022),
55 https://www.thedailybeast.com/there-are-no-jewish-free-zones-on-the-uc-berkeley-campus. See
https://www.thedailybeast.com/there-are-no-jewish-free-zones-on-the-uc-berkeley-campus. See
also Erwin
66 also Chemerinsky, On
Erwin Chemerinsky, On “Jewish Free Zones”
"Jewish Free at Berkeley,
Zones" at Berkeley, the Debate Between
the Debate Between Chemerinsky
Chemerinsky
and Marcus
77 and Marcus Continues,
Continues, JJEWISH
EWISH J. (Oct. 12,
J. (Oct. 2022),
12, 2022),
88 https://jewishjournal.com/commentary/opinion/352237/on-jewish-free-zones-at-berkeley-the-
https://jewishjournal.com/commentary/opinion/352237/on-jewish-free-zones-at-berkeley-the-
99 debate-between-chemerinsky-and-marcus-continues/ (explaining that

debate-between-chemerinsky-and-marcus-continues/ (explaining that "den[ying]
“den[ying] the
the right
right or the
or the
10
10 ability [of students]
ability [of to express
students] to themselves, to
express themselves, to exercise their freedom
exercise their freedom of
of speech
speech … would represent
. . . would represent
11
11 aa cross-over from expression
cross-over from to conduct
expression to and that
conduct and that would
would be
be subject
subject to
to serious
serious discipline.”).
discipline.").
12
12 94.
94. Berkeley seeks
Berkeley to avoid
seeks to liability by
avoid liability by suggesting the Exclusionary
suggesting the Exclusionary Bylaw
Bylaw
13
13 discriminates
discriminates on the basis
on the basis of viewpoint but
of viewpoint but not
not race,
race, ethnicity,
ethnicity, or
or religion. However, at
religion. However, at the
the same
same
14 time, Defendants
14 time, Defendants admit that the
admit that the Bylaw
Bylaw is
is anti-Semitic. Dean Chemerinsky,
anti-Semitic. Dean Chemerinsky, along with 23
along with 23 other
other
15 Berkeley law
15 Berkeley law professors, issued aa statement
professors, issued statement acknowledging that "[m]any
acknowledging that “[m]any Jews (including some
Jews (including some of
of
16 us signing
16 us below who
signing below who are
are Jewish)
Jewish) also
also experience this [bylaw]
experience this [bylaw] as
as antisemitism because it
antisemitism because it denies
denies
17 the existence
17 the existence of the state
of the state of
of Israel, the historical
Israel, the historical home
home of the Jewish
of the Jewish people. For many
people. For many Jews,
Jews,
18 Zionism is
18 Zionism is aa core
core component
component of their identity
of their identity and
and ethnic
ethnic and ancestral heritage.”
and ancestral Academic
heritage." Academic
19 Network, U.C.
Engagement Network,
19 Engagement Berkeley School
of Law
Law Faculty
Faculty Statement
Statement in Support of
in Support of Jewish
Jewish Law
Law
Students,
20 Students,
20
22 it?pli=1
22 it?pli=1 (last
(last visited
visited Nov.
Nov. 27,
27, 2023).
2023). In the same
In the same statement, Dean Chemerinsky
statement, Dean Chemerinsky and
and his
his colleagues
colleagues
23 acknowledged,
23 “These bylaws
acknowledged, "These bylaws would
would also
also impermissibly
impermissibly exclude
exclude aa large
large majority
majority of
of our faculty
our faculty
24 from
24 from participating in the
participating in the work
work of these organizations,
of these organizations, including
including … Dean [Chemerinsky]."
. . . Dean Id.
[Chemerinsky].” Id.
25 More
25 More recently, Dean Chemerinsky
recently, Dean Chemerinsky recognized that it
recognized that it was
was "problematic"
“problematic” for
for the
the Law
Law School to
School to
26 award
26 award academic
academic credit to students
credit to who participated
students who participated in law journals
in law journals who
who adopt the bylaw.
adopt the See
bylaw. See
27 Exhibit
27 Exhibit B,
B, E-Mail
E-Mail from Erwin Chemerinsky
from Erwin Chemerinsky to
to Student
Student Journal Leaders.
Journal Leaders.
28
28
2337311.2
2337311.2
-27-
-27-
COMPLAINT
COMPLAINT
11 95.
95. Defendant Christ
Defendant Christ has
has also acknowledged that
also acknowledged that the
the bylaw
bylaw improperly
improperly discriminates.
discriminates.
22 She
She has
has explained that "[e]xcluding
explained that “[e]xcluding anyone
anyone from
from any
any campus activity based
campus activity based on their race,
on their race, religion,
religion,
33 nationality,
nationality, ethnicity, gender, or
ethnicity, gender, sexuality would
or sexuality would represent impermissible discrimination.”
represent impermissible Exhibit
discrimination." Exhibit
44 A.
A.
55 96.
96. In the same
In the same statement, Defendant Christ
statement, Defendant Christ "convey[ed]
“convey[ed] [her]
[her] understanding
understanding as
as to
to why
why
66 the
the adoption
adoption of the Bylaw
of the Bylaw was
was deeply upsetting to
deeply upsetting to some
some Jewish
Jewish members
members of
of our
our community
community for
for
77 whom
whom Zionism is an
Zionism is indivisible part
an indivisible part of their Jewish
of their Jewish identity,
identity, and who now
and who now say they no
say they no longer
longer feel
feel
88 welcome
welcome at
at events
events held by some
held by some of the student
of the student organizations that have
organizations that have agreed to the
agreed to the Bylaw's
Bylaw’s
99 terms." Id.
terms.” Id.
10
10 97.
97. Yet, despite
Yet, being fully
despite being fully aware
aware of the anti-Semitic
of the anti-Semitic nature
nature of the Exclusionary
of the Exclusionary Bylaw
Bylaw
11
11 and the discriminatory
and the discriminatory effect it is
effect it is having
having on
on campus, Defendants have
campus, Defendants have not
not enforced their policies.
enforced their policies.
12
12 They
They continue to allow
continue to allow groups
groups adopting the Exclusionary
adopting the Exclusionary Bylaw
Bylaw to
to receive
receive all the benefits
all the benefits of
of aa
13
13 recognized
recognized student
student organization, including space
organization, including to meet
space to meet on
on campus, funding, and
campus, funding, and use
use of the
of the
14 Berkeley logo.
14 Berkeley logo.
15
15 F.
F. The
The University’s
University's Failure
Failure To Address Anti-Semitism
To Address Anti-Semitism Boils
Boils Over After
Over After
16
16 The
The October
October 7, 2023 Attacks.
7, 2023 Attacks.
17
17 98.
98. In the days
In the following October
days following October 7, 2023—the date
7, 2023—the that, in
date that, President Biden's
in President Biden’s words,
words,
18 “[t]he terrorist
18 "[t]he terrorist group
group Hamas
Hamas …
. . . slaughtered
slaughtered …
. . . over
over 1,300
1,300 people”
people" and “committed evils
and "committed evils …
. . . and
and
19
19 atrocities that make
atrocities that make ISIS look somewhat
ISIS look somewhat more
more rational”—the
rational"—the anti-Semitic
anti-Semitic atmosphere
atmosphere on
on
20 Berkeley's
20 Berkeley’s campus Remarks by
ignited. Remarks
campus ignited. President Biden
by President Biden and
and Prime
Prime Minister
Minister Netanyahu
Netanyahu of
of Israel
Israel
21 Before Bilateral
21 Before Bilateral Meeting,
Meeting, T WHITE HOUSE
HE WHITE
THE HOUSE (Oct.
(Oct. 18, 2023),
18, 2023),
22 https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/10/18/remarks-by-president-
22 https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/10/18/remarks-by-president-
23 biden-and-prime-minister-netanyahu-of-israel-before-bilateral-meeting-tel-aviv-israel/.
23 biden-and-prime-minister-netanyahu-of-israel-before-bilateral-meeting-tel-aviv-israel/.
24
24 99.
99. While the
While the civilized world responded
civilized world with horror
responded with and grief,
horror and grief, students
students at UC Berkeley
at UC Berkeley
25 celebrated
25 this twenty-first
celebrated this twenty-first century
century pogrom with resulting
pogrom with violence against
resulting violence against Jewish
Jewish students. For
students. For
26 example,
26 example, aa Jewish undergraduate draped
Jewish undergraduate draped in
in an
an Israeli
Israeli flag was set
flag was upon by
set upon two protesters,
by two who
protesters, who
27 struck
27 struck him in the
him in the head with his
head with his own
own metal water bottle
metal water bottle after
after he
he dropped
dropped it trying to
it trying to evade them.
evade them.
28 The
28 incident was
The incident was caught
caught on video and
on video and publicly
publicly reported. Emily Raguso,
reported. Emily Robbery attempt
Raguso, Robbery attempt of
of
2337311.2
2337311.2
-28-
-28-
COMPLAINT
COMPLAINT
Israeli flag
11 Israeli flag at
at UC Berkeley rally
UC Berkeley rally for
for Palestine,
Palestine, BERKELEY
BERKELEY S (Oct. 25,
CANNER (Oct.
SCANNER 25, 2023),
2023),
22 https://www.berkeleyscanner.com/2023/10/25/uc-berkeley-crime/uc-berkeley-robbery-rally/.
https://www.b erkel eyscanner. com/2023/10/25/uc-berkeley-crime/uc-berkeley-robbery-rally/.
33 100.
100. Two
Two students
students described
described pro-Palestinian
pro-Palestinian protesters
protesters disrupting
disrupting aa gathering
gathering by
by Jewish
Jewish
44 students to pray
students to pray and
and deal with the
deal with the shock
shock of the Hamas
of the Hamas attack.
attack. The
The students
students also
also described
described pro-
pro-
55 Palestinian
Palestinian rallies blocking the
rallies blocking the main
main entrance to campus
entrance to and aa lecturer
campus and lecturer who
who told
told students that class
students that class
66 was
was over
over early before proceeding
early before to embark
proceeding to embark on an anti-Israel
on an anti-Israel rant for 18
rant for 18 minutes, with roughly
minutes, with roughly
77 1,000 freshman as
1,000 freshman as his
his captive audience. Both
captive audience. Both students
students stated that the
stated that the school
school does
does so
so little to
little to
88 protect
protect Jewish
Jewish students, it feels
students, it feels as
as if the school
if the were condoning
school were condoning anti-Semitism.
anti-Semitism. They
They added that
added that
99 officials
officials at the university
at the university display
display aa "general
“general disregard”
disregard" for
for Jewish
Jewish students.
students.
10
10 101.
101. Indeed,
Indeed, many
many Jewish
Jewish students
students have
have reported feeling afraid
reported feeling to go
afraid to go to
to class
class during
during
11 these rallies,
11 these which take
rallies, which take place in Berkeley's
place in Berkeley’s main throughfares—and for
main throughfares—and for good
good reason.
reason. They
They have
have
12 little confidence
12 little that UC
confidence that UC will
will protect them from
protect them from anti-Semitic
anti-Semitic mobs.
mobs. On information and
On information and belief,
belief,
13 following the
13 following the October
October 77 attacks,
attacks, Chancellor
Chancellor Christ told some
Christ told some members
community
14 that her
14 that her public
public statement addressing the
statement addressing the attacks
attacks was
was not as strong
not as strong as
as she would have
she would liked due
have liked to
due to
15
15 her
her concerns
concerns about violence on
about violence the campus.
on the campus. And,
And, as Defendant Michael
as Defendant Michael V.
V. Drake
Drake recently
recently
16
16 acknowledged, “Some [students]
acknowledged, "Some [students] feel unsafe leaving
feel unsafe their dorm
leaving their dorm rooms.” UC President
rooms." UC President Michael
Michael V.
V.
17 Drake, M.D.,
17 Drake, M.D., Opening Remarks at
Opening Remarks at November
November 15 Regents Meeting
15 Regents Meeting (Nov.
(Nov. 15, 2023),
15, 2023),
18
18 https://www.universityofcalifornia.edu/press-room/uc-president-michael-v-drake-md-opening-
https://www.universityofcalifornia.edu/press-room/uc-president-michael-v-drake-md-opening-
19
19 remarks-november-15-regents-meeting.
remarks-november-15-regents-meeting.
20
20 102.
102. Dean Chemerinsky,
Dean Chemerinsky, himself,
himself, has written that
has written that he “was stunned
he "was when students
stunned when across
students across
21 the
21 the country, including mine,
country, including immediately celebrated
mine, immediately the Hamas
celebrated the Hamas terrorist
terrorist attack
attack in
in Israel
Israel on
on Oct.
Oct. 7.”
7."
22 Erwin
22 Erwin Chemerinsky, Nothing has
Chemerinsky, Nothing has prepared
prepared me
me for
for the antisemitism II see
the antisemitism see on
on college
college campuses
campuses
23 now, L.A.
23 now, L.A. T (Oct. 29,
IMES (Oct.
TIMES 29, 2023),
2023), https://www.latimes.com/opinion/story/2023-10-
https://www.latimes.com/opinion/story/2023-10-
24 29/antisemitism-college-campus-israel-hamas-palestine;
24 see also
29/antisemitism-college-campus-israel-hamas-palestine; see also id.
id. (stating
(stating that
that he
he has “been
has "been
25 called
25 called ‘part
`part of
of aa Zionist
Zionist conspiracy,’ which echoes
conspiracy,' which echoes of antisemitic tropes
of antisemitic tropes that
that have
have been
been expressed
expressed
26 for
26 for centuries”
centuries" and
and stating that "calling
stating that “calling for
for the
the total
total elimination
elimination of
of Israel”—as the anti-Zionists
Israel"—as the anti-Zionists on
on
27 campus
27 campus have
have been
been doing—“is
doing—"is antisemitic.”).
antisemitic.").
28
28
2337311.2
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COMPLAINT
COMPLAINT
11 103.
103. On
On information
information and
and belief,
belief, aa number
number of
of persons
persons on
on campus (including Jewish
campus (including Jewish
22 faculty
faculty and
and staff)
staff) have also been
have also been receiving
receiving hate
hate e-mails
e-mails calling
calling for their gassing
for their gassing and
and murder.
murder.
33 Although these e-mails

Although these were reported
e-mails were to the
reported to the University,
University, it
it has failed to
has failed to respond
respond appropriately
appropriately or in
or in
44 aa timely
timely matter.
matter.
55 104.
104. To
To quote Dean Chemerinsky,
quote Dean “There has
Chemerinsky, "There been enough
has been enough silence
silence and
and enough tolerance
enough tolerance
66 of antisemitism on
of antisemitism on college
college campuses.” Id. Plaintiffs
campuses." Id. Plaintiffs seek
seek relief
relief from this Court
from this Court to
to ensure that
ensure that
77 Berkeley
Berkeley complies with the
complies with the law and its
law and its own
own policies to ensure
policies to that anti-Semitic
ensure that anti-Semitic discrimination—
discrimination—
88 like
like all
all discrimination—is
discrimination—is punished.
punished. At the very
At the very least, the University
least, the University must
must stop
stop providing
providing
99 recognition
recognition and
and resources to those
resources to those student
student organizations that are
organizations that are openly
openly excluding
excluding Jews
Jews and
and
10 fueling further
10 fueling further anti-Semitism.
anti-Semitism.
11
11 COUNT
COUNT II
12
12 Violation
Violation of
of 42
42 U.S.C. § 1983
U.S.C. § 1983 (the
(the Equal Protection Clause)
Equal Protection Clause)
13
13 (on Behalf
(on Behalf of All Plaintiffs)
of All Plaintiffs)
14
14 105.
105. Plaintiffs incorporate
Plaintiffs incorporate by
by reference the allegations
reference the allegations set forth in
set forth the preceding
in the preceding
15
15 paragraphs.
paragraphs.
16
16 106.
106. Under the
Under the Fourteenth
Fourteenth Amendment to the
Amendment to the United
United States
States Constitution,
Constitution, aa State
State shall
shall
17
17 not “deny to
not "deny to any
any person within its
person within its jurisdiction
jurisdiction the
the equal
equal protection
protection of the laws."
of the laws.”
18
18 107.
107. Defendants have,
Defendants in their
have, in their individual
individual and
and official
official capacities,
capacities, deprived Plaintiffs of
deprived Plaintiffs of
19
19 equal
equal protection
protection of the laws,
of the laws, as
as secured by the
secured by the Fourteenth
Fourteenth Amendment, through aa policy
Amendment, through policy and
and
20 practice
20 that treats
practice that treats Plaintiffs
Plaintiffs differently than similarly
differently than similarly situated
situated individuals because Plaintiffs
individuals because Plaintiffs are
are
21 Jewish.
21 Jewish. Specifically, Defendants have
Specifically, Defendants have selectively
selectively chosen
chosen not to enforce
not to Berkeley’s all-comers
enforce Berkeley's all-comers
22 policy
22 policy and Policy on
and Policy Nondiscrimination against
on Nondiscrimination against student
organizations in the Law
in the Law School
School and the
and the
23 undergraduate
23 undergraduate campus that have
campus that have discriminated
discriminated against
against or
or excluded
excluded Jewish
Jewish members
members of the school
of the school
24 community
24 from participating
community from participating in
in organizations,
organizations, programs,
programs, and
and activities. For similar
activities. For similar reasons,
reasons,
25 Defendants'
25 Defendants’ decision
decision not to enforce
not to the Policy
enforce the Policy on Nondiscrimination against
on Nondiscrimination these groups
against these groups where
where
26 they
26 they refuse to accept
refuse to accept Jewish
Jewish speakers
speakers is unlawful.
is unlawful.
27
27 108.
108. Defendants intentionally
Defendants intentionally chose
chose not to enforce
not to the school’s
enforce the school's policies in an
policies in an
28 evenhanded
28 way, stating
evenhanded way, that they
stating that they would
would enforce
enforce school
school policies in similar
policies in similar circumstances but
circumstances but
2337311.2
2337311.2
-30-
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COMPLAINT
COMPLAINT
11 would
would not
not do so against
do so against anti-Zionist
anti-Zionist behavior by Law
behavior by Law School
School student
student organizations,
organizations, despite
despite
22 acknowledging that the

acknowledging that the behavior
behavior by
by these
these organizations is anti-Semitic.
organizations is anti-Semitic.
33 109.
109. As
As aa result
result of Defendants’ decision
of Defendants' decision not to enforce
not to its policies,
enforce its Plaintiffs have
policies, Plaintiffs have
44 suffered
suffered significant injuries.
significant injuries.
55 110.
110. Legal scholars
Legal who are
scholars who are members
members of Plaintiff JAFE
of Plaintiff JAFE have been deprived
have been deprived of the right
of the right
66 to
to compete for the
compete for the opportunity to present
opportunity to to organizations
present to at Berkeley
organizations at Berkeley that
that have adopted the
have adopted the
77 Exclusionary
Exclusionary Bylaw.
Bylaw. They are denied
They are this right
denied this right not because of
not because anything they
of anything they would
would say, but
say, but
88 because
because of their Jewish
of their identity. Many
Jewish identity. Many of these scholars
of these scholars have
have expertise in areas
expertise in that would
areas that would be
be
99 directly
directly relevant to the
relevant to the groups that have
groups that have adopted the Exclusionary
adopted the Exclusionary Bylaw
Bylaw and would benefit—
and would benefit—
10 financially and
10 financially and otherwise—by being able
otherwise—by being to present
able to before these
present before these groups.
groups.
11
11 111.
111. Student
Student members
of Plaintiff are deprived
JAFE are deprived of the right
of the to participate
right to fully in
participate fully in
12
12 student
student organizations at aa time
organizations at time when
when "extracurricular
“extracurricular programs are …
programs are . . . essential
essential parts
parts of the
of the
13
13 educational process." Christian
educational process.” Legal Soc.
Christian Legal Soc. Chapter of the
Chapter of the Univ. of Cal.,
Univ. of Hastings Coll.
Cal., Hastings of L.
Coll. of L. v.
v.
14 Martinez, 561
14 Martinez, U.S. 661,
561 U.S. 661, 686
686 (2010).
(2010). This
This denial is most
denial is most acute
acute for those members
for those members of
of JAFE who
JAFE who
15
15 are Berkeley law
are Berkeley law students who are
students who are now
now unable to participate
unable to fully in
participate fully in groups
groups that
that have
have adopted the
adopted the
16 Exclusionary Bylaw.
16 Exclusionary Bylaw. This
This denial
denial precludes them from
precludes them from participating
participating in groups that
in groups that have
have nothing to
nothing to
17
17 do with their
do with their Jewish beliefs or
Jewish beliefs identity. For
or identity. For example, the Law
example, the Law School
School members
members of
of JAFE are
JAFE are
18
18 denied the ability
denied the to participate
ability to in Community
participate in Defense Project,
Community Defense Project, an
an organization whose mission
organization whose is
mission is
19 to provide
19 to provide pro bono legal
pro bono legal services to the
services to the community.
community. The
The harm
harm extends to undergraduates,
extends to undergraduates, as
as
20 well,
20 well, who
who have been forced
have been to choose
forced to between embracing
choose between their Jewish
embracing their identity or
Jewish identity being rejected
or being rejected
21 from
21 from student
student organizations.
organizations. These undergraduates report
These undergraduates that the
report that the campus
campus environment is not
environment is not
22 welcoming
22 welcoming to
to Jewish students, many
Jewish students, many of whom feel
of whom feel silenced
silenced and
and alienated.
alienated. Some avoid wearing
Some avoid wearing
23 anything
23 that identifies
anything that identifies them
them as
as Jewish.
Jewish. Some avoid campus
Some avoid campus activities altogether, while
activities altogether, while others
others
24 stick
24 to Jewish
stick to groups and
Jewish groups activities.
and activities.
25
25 112.
112. Defendants have
Defendants have no
no overriding
overriding or
or legitimate
legitimate state interest, let
state interest, alone aa compelling
let alone compelling
26 one,
26 to justify
one, to justify their
their decision to selectively
decision to selectively enforce UC Berkeley
enforce UC Berkeley policy to the
policy to the detriment
detriment of
of
27 Plaintiffs.
27 Plaintiffs. Even
Even if
if such
such an interest existed,
an interest Defendants have
existed, Defendants have failed to narrowly
failed to tailor their
narrowly tailor their actions
actions
28 to
28 to serve
serve such
such an interest.
an interest.
2337311.2
2337311.2
-31-
-31-
COMPLAINT
COMPLAINT
11 COUNT II
COUNT II
2
2 Violation of
Violation 28 U.S.C.
of 28 § 1983
U.S.C. § 1983 (Free
(Free Exercise
Exercise Clause) (on behalf
Clause) (on behalf of all Plaintiffs)
of all Plaintiffs)
33 113.
in the preceding
44 paragraphs.
paragraphs.
55 114.
114. Free exercise
Free exercise of
of religion “means first
religion "means first and
and foremost, the right
foremost, the to believe
right to believe and
and profess
profess
66 whatever
whatever religious
religious doctrine
doctrine one
one desires.” Emp. Div.,
desires." Emp. Div., Dept.
Dept. of
of Hum.
Hum. Res.
Res. of
of Or.
Or. v. Smith, 494
v. Smith, U.S.
494 U.S.
77 872,
872, 877
877 (1990).
(1990).
88 115.
115. In
In addition to being
addition to being an
an integral
integral component
component of
of Jewish
Jewish ancestral,
ancestral, ethnic
ethnic and
and national
national
99 identity,
identity, Zionism
Zionism is
is aa core tenet of
core tenet the religious
of the religious identity
identity of many Jews,
of many Jews, including
including Jews at Berkeley
Jews at Berkeley
10 Law, and
10 Law, and Jews in the
Jews in the legal
legal profession whose ideas,
profession whose ideas, experience,
experience, and
and practice
practice might
might resonate with
resonate with
11
11 members
members of the Groups
of the that would
Groups that would ban
ban them.
them.
12
12 116.
116. Legal scholars
Legal who are
scholars who are members
of Plaintiff and are
JAFE and are practicing
practicing Jews
Jews for
for
13 whom Zionism
13 whom is aa core
Zionism is tenet of
core tenet their religious
of their religious identity
identity have been deprived
have been deprived of the right
of the to compete
right to compete
14 for the
14 for the opportunity to present
opportunity to to organizations
present to at Berkeley
organizations at Berkeley that
that have adopted the
Exclusionary
15 Bylaw.
15 Bylaw.
16
16 117.
117. Similarly, student members
Similarly, student members of Plaintiff JAFE
of Plaintiff who are
JAFE who are practicing
practicing Jews
Jews for whom
for whom
17 Zionism is
17 Zionism is aa core tenet of
core tenet their religious
of their identity are
religious identity are deprived
deprived of the right
of the to fully
right to fully participate in
participate in
18
18 student
student organizations.
organizations.
19
19 118.
118. The Legal Scholars
The Legal Scholars and speakers who
and speakers who are
are practicing
practicing Jews
Jews may
may not
not profess, but
profess, but
20 must
20 must disavow
disavow or
or conceal,
conceal, aa core
core element
element of their Jewish
of their Jewish religious
religious identity to present
identity to to or
present to or
21 participate
21 in these
participate in these Groups, and are
Groups, and thus being
are thus being asked to forego
asked to the free
forego the free exercise
exercise of their religion
of their as
religion as
22 aa condition
22 condition of
of speaking to or
speaking to with Group
or with members. Similarly,
Group members. the Jewish
Similarly, the Jewish students who are
students who are
23 practicing
23 practicing Jews may not
Jews may not profess, but must
profess, but must disavow
disavow or
or conceal,
conceal, aa core
core element
element of their Jewish
of their Jewish
24 religious
24 identity to
religious identity to fully
fully benefit
benefit from the student
from the group opportunities.
student group opportunities.
25
25 119.
119. UC leaders
UC leaders recognize this state
recognize this state of affairs but,
of affairs but, by
by permitting the Groups
permitting the to remain
Groups to remain
26 UC
26 UC registered
registered student groups with
student groups with all
all of the material
of the material support and resources
support and that entails,
resources that entails, are
are
27 abdicating
27 their duty
abdicating their to protect
duty to the Free
protect the Free Exercise
Exercise rights
rights of these individuals
of these in contravention
individuals in contravention of the
of the
28
28
2337311.2
2337311.2
-32-
-32-
COMPLAINT
COMPLAINT
11 U.S.
U.S. Constitution,
Constitution, federal
federal civil
civil rights
rights laws, and UC
laws, and UC rules
rules prohibiting
prohibiting discrimination
discrimination on the basis
on the basis of
of
2 religious
2 identity.
religious identity.
33 COUNT III
COUNT III
44 Violation of
Violation of 42
42 U.S.C.
U.S.C. § 1981 (Interference
§ 1981 (Interference with
with Right
Right to Contract
to Contract
55 Based
Based on Race) (on
on Race) (on Behalf
Behalf of
of JAFE Members Who
JAFE Members Who Are
Are Scholars)
Scholars)
66 120.
in the preceding
77 paragraphs.
paragraphs.
88 121.
121. 42 U.S.C. §§ 1981(a)
42 U.S.C. 1981(a) provides that "[a]ll
provides that “[a]ll persons within the
persons within the jurisdiction
jurisdiction of the
of the
99 United
United States
States shall
shall have the same
have the same right
right in
in every
every State and Territory
State and to make
Territory to make and
and enforce
enforce
10
10 contracts…as is enjoyed
contracts. . .as is by white
enjoyed by white citizens.” “The term
citizens." "The term ‘make
`make and
and enforce
enforce contracts’ includes the
contracts' includes the
11
11 making…of
making. . . of contracts, and the
contracts, and the enjoyment
enjoyment of all benefits,
of all benefits, privileges, terms, and
privileges, terms, and conditions
conditions of the
of the
12
12 contractual
contractual relationship.” Id. §§ 1981(b).
relationship." Id. 1981(b).
13
13 122.
122. To be actionable
To be under §§ 1981,
actionable under 1981, aa contractual
contractual relationship
relationship need
need not already exist,
not already exist,
14 “because §§ 1981
14 "because 1981 protects the would-be
protects the would-be contractor
contractor along with those
along with those who
who already
already have made
have made
15
15 contracts.” Domino’s Pizza,
contracts." Domino's Pizza, Inc.
Inc. v. McDonald, 546
v. McDonald, U.S. 470,
546 U.S. 470, 476 (2006).
476 (2006).
16
16 123.
123. The U.S. Supreme
The U.S. Supreme Court
Court has
has recognized that Jews
recognized that may state
Jews may state aa claim
claim of
of racial
racial
17
17 discrimination under the
discrimination under the civil
civil rights
rights statutes, including §§ 1981
statutes, including 1981 and its sister
and its sister statute,
statute,
18
18 42 U.S.C. §§ 1982.
42 U.S.C. Shaare Tefila
1982. Shaare Congregation v.
Tefila Congregation v. Cobb,
Cobb, 481 U.S. 615,
481 U.S. 615, 618 (1987) ("Jews
618 (1987) (“Jews are
are not
not
19 foreclosed from
19 foreclosed from stating
stating aa cause
cause of action against
of action against other
other members
members of what today
of what today is
is considered to be
considered to be
20 part
20 part of the Caucasian
of the Caucasian race.”); see also
race."); see also id.
id. (citing
(citing the
the analysis
analysis of Saint Francis
of Saint Francis Coll.
Coll. v. Al-Khazraji,
v. Al-Khazraji,
21 481
21 U.S. 604,
481 U.S. 604, 613 (1987), which
613 (1987), which examined
examined Section
Section 1981).
1981).
22
22 124.
124. JAFE Members include
JAFE Members Legal Scholars
include Legal who, but
Scholars who, but for the existence
for the existence of the
of the
23 Exclusionary
23 Exclusionary Bylaw,
Bylaw, could and would
could and would have the ability
have the to enter
ability to into aa contract
enter into to present
contract to to student
present to student
24 organizations
24 at Berkeley.
organizations at Berkeley. Because
Because of their Jewish
of their ancestral heritage
Jewish ancestral heritage and
and related
related support
support for
for
25 Israel,
25 and because
Israel, and because of the Exclusionary
of the Exclusionary Bylaw,
Bylaw, they
they cannot
cannot do
do so.
so.
26
26 125.
125. By permitting
By the Groups
permitting the to remain
Groups to remain registered
registered student
student groups with all
groups with the benefits
all the benefits
27 accruing
27 to such
accruing to groups, including
such groups, including space to meet
space to meet on
on campus, funding, and
campus, funding, use of
and use the Berkeley
of the Berkeley
28
28
2337311.2
2337311.2
-33-
-33-
COMPLAINT
COMPLAINT
11 logo,
logo, Defendants
Defendants are allowing funds
are allowing and assets
funds and assets derived from taxpayer
derived from taxpayer money
money to
to be
be disbursed in aa
disbursed in
2 discriminatory
2 discriminatory manner.
manner.
33 COUNT
COUNT IV
IV
44 Violation
Violation of
of Title VI of
Title VI of the
the Civil Rights Act
Civil Rights Act of 1964, 42
of 1964, 42 U.S.C.
U.S.C. § 2000d et
§ 2000d seq. (on
et seq. (on behalf
behalf of
of
55 JAFE Members Who

JAFE Members Who Are
Are Berkeley Undergraduates and
Berkeley Undergraduates and Law
Law Students)
Students)
66 126.
in the preceding
77 paragraphs.
paragraphs.
88 127.
127. Defendant UC
Defendant UC Berkeley
Berkeley receives financial assistance
receives financial from the
assistance from the U.S.
U.S. Department
Department of
of
99 Education
Education and
and is therefore subject
is therefore to suit
subject to under Title
suit under Title VI
VI of the Civil
of the Rights Act
Civil Rights Act of
of 1964.
1964.
10
10 128.
128. Discrimination against
Discrimination against Jews is prohibited
Jews is under Title
prohibited under VI of
Title VI the Civil
of the Rights Act
Civil Rights Act of
of
11
11 1964,
1964, as
as reflected in the
reflected in the written
written policies
policies of the Department
of the Department of Education’s Office
of Education's Office for
for Civil Rights.
Civil Rights.
12 See e.g.,
12 See U.S. Dep't
e.g., U.S. Dep’t of Educ., OCR
of Educ., Dear Colleague
OCR Dear Letter: Addressing
Colleague Letter: Discrimination Against
Addressing Discrimination Against
13
13 Jewish
Jewish Students (May 25,
Students (May 25, 2023),
2023), https://www2.ed.gov/about/offices/list/ocr/docs/antisemitism-
https://www2.ed.gov/about/offices/list/ocr/docs/antisemitism-
14
14 dcl.pdf; U.S. Dep't
dcl.pdf; U.S. Dep’t of Educ., OCR-000127,
of Educ., OCR-000127, Questions
Questions and
and Answers
Answers on Executive Order
on Executive Order 13,899
13,899
15 (Jan. 19,
15 (Jan. 2021), https://www2.ed.gov/about/offices/list/ocr/docs/qa-titleix-anti-semitism-
19, 2021), https://www2.ed.gov/about/offices/list/ocr/docs/qa-titleix-anti-semitism-
16 20210119.pdf; U.S.
16 20210119.pdf; U.S. Dep't
Dep’t of Educ., OCR-00107,
of Educ., Dear Colleague
OCR-00107, Dear Letter: Combatting
Colleague Letter: Combatting
17 Discrimination Against
17 Discrimination Against Jewish
Jewish Students (2017),
Students (2017),
18
18 https://www2.ed.gov/about/offices/list/ocr/docs/jewish-factsheet-201701.pdf; Letter from
https://www2.ed.gov/about/offices/list/ocr/docs/jewish-factsheet-201701.pdf; Letter from Thomas
Thomas
19 Perez, Asst.
19 Perez, Att. Gen.,
Asst. Att. Gen., Civ. Rts. Div.,
Civ. Rts. Div., U.S.
U.S. Dep't
Dep’t of
of Justice to Russlyn
Justice to Russlyn Ali,
Ali, Asst.
Asst. Sec’y for Civ.
Sec'y for Civ.
20 Rts.,
20 Rts., OCR,
OCR, U.S.
U.S. Dep't
Dep’t of Educ. Re:
of Educ. Re: Title
Title VI
VI and
and Coverage
Coverage of Religiously Identifiable
of Religiously Identifiable Groups
Groups
21 (Sept.
21 (Sept. 8,
8, 2010),
2010),
22 https://www.justice.gov/sites/default/files/crt/legacy/2011/05/04/090810_AAG_Perez_Letter_to_
22 https://www.justice.gov/sites/default/files/crt/legacy/2011/05/04/090810 AAG Perez Letter to
23 Ed
23 Ed_OCR_Title%20VI_and_Religiously_Identifiable_Groups.pdf; U.S. Dep't
OCR Title%20VI and Religiously Identifiable Groups.pdf; U.S. Dep’t of Educ., OCR
of Educ., OCR Dear
Dear
24 Colleague
24 Letter: Religious
Colleague Letter: Religious Discrimination
Discrimination (Sept.
(Sept. 23,
23, 2004),
2004),
25 https://www2.ed.gov/about/offices/list/ocr/religious-rights2004.html.
25 https://www2.ed.gov/about/offices/list/ocr/religious-rights2004.html.
26
26 129.
129. On November 7,
On November 7, OCR issued aa new
OCR issued Dear Colleague
new Dear Letter, reminding
Colleague Letter, schools that
reminding schools that
27 receive
27 receive federal financial assistance
federal financial assistance that
that they
they have
have aa responsibility to address
responsibility to address discrimination against
28 Jewish,
28 Muslim, Sikh,
Jewish, Muslim, Hindu, Christian,
Sikh, Hindu, Christian, and Buddhist students,
and Buddhist students, or those of
or those another religious
of another religious
2337311.2
2337311.2
-34-
-34-
COMPLAINT
COMPLAINT
11 group,
group, when
when the
the discrimination involves racial,
discrimination involves racial, ethnic,
ethnic, or ancestral slurs
or ancestral slurs or
or stereotypes; when the
stereotypes; when the
22 discrimination is based
discrimination is based on
on aa student's
student’s skin
skin color,
color, physical features, or
physical features, or style
style of
of dress that reflects
dress that reflects
33 both
both ethnic and religious
ethnic and traditions; and
religious traditions; when the
and when the discrimination
discrimination is based on
is based where aa student
on where student came
came
44 from
from or
or is
is perceived to have
perceived to have come from, including
come from, including discrimination based on
discrimination based on aa student’s
student's foreign
foreign
55 accent;
accent; aa student's
student’s foreign
foreign name, including names
name, including names commonly
commonly associated with particular
associated with particular shared
shared
66 ancestry
ancestry or
or ethnic
ethnic characteristics;
characteristics; or
or aa student
student speaking
speaking aa foreign
foreign language.
language. .. .. Harassing
Harassing conduct
conduct
77 can be verbal
can be verbal or
or physical and need
physical and need not be directed
not be at aa particular
directed at individual. U.S.
particular individual. U.S. Dep't
Dep’t of Educ.,
of Educ.,
88 OCR Dear Colleague

OCR Dear Letter: Shared
Colleague Letter: Shared Ancestry
Ancestry or Ethnic Characteristics
or Ethnic (Nov. 7,
Characteristics (Nov. 2023),
7, 2023),
99 https://www2.ed.gov/about/offices/list/ocr/sharedancestry.html.
https://www2.ed.gov/about/offices/list/ocr/sharedancestry.html.
10
10 130.
130. OCR
OCR further
further explains that "the
explains that “the following type of
following type of harassment
harassment creates
creates aa hostile
hostile
11
11 environment: unwelcome conduct
environment: unwelcome based on
conduct based on shared ancestry or
shared ancestry or ethnic
ethnic characteristics that, based
characteristics that, based on
on
12 the totality
12 the totality of
of circumstances, is subjectively
circumstances, is subjectively and
and objectively
objectively offensive
offensive and is so
and is so severe
severe or
or
13
13 pervasive that it
pervasive that it limits
limits or
or denies
denies aa person’s
person's ability to participate
ability to participate in
in or benefit from
or benefit the recipient’s
from the recipient's
14
14 education
education program
program or
or activity.” Id. And
activity." Id. it repeats
And it repeats its
its longstanding
longstanding admonition that "[s]chools
admonition that “[s]chools
15
15 must take immediate
must take immediate and
and effective
effective action to respond
action to to harassment
respond to that creates
harassment that creates aa hostile
hostile
16
16 environment.” Id.
environment." Id.
17
17 131.
131. By the
By the admission
admission of Berkeley, itself,
of Berkeley, itself, its
its willful
willful failure to enforce
failure to enforce its Policy on
its Policy on
18 Nondiscrimination—including by
18 Nondiscrimination—including by revoking
revoking privileges
privileges of
of registration to the
registration to the student groups who
student groups who are
are
19 violating this
19 violating this policy—discriminates against Jews.
policy—discriminates against Jews.
20
20 132.
132. Defendants’ failure
Defendants' to enforce
failure to UC policies
enforce UC policies has
has created an environment
created an that is
environment that is
21 hostile
21 towards Jews.
hostile towards Jews. The
The hostility towards Jewish
hostility towards Jewish members
members of the UC
of the UC Berkeley
Berkeley community
community is
is
22 severe
22 severe enough that it
enough that it interferes
interferes with
with their
their ability to participate
ability to participate in the programs
in the and activities
programs and activities of the
of the
23 school,
23 including clinical
school, including clinical opportunities, which provide
opportunities, which provide students the opportunity
students the to engage
opportunity to in
engage in
24 supervised
24 supervised practice of law
practice of law and to earn
and to earn course
course credits toward their
credits toward their law
law degrees.
degrees.
25
25 133.
133. JAFE Members include
JAFE Members include students
students at Berkeley. As
at Berkeley. As described
described in the allegations
in the allegations
26 above,
26 these members
above, these members have
have effectively been excluded
effectively been excluded from
from participation
participation in,
in, and
and have been denied
have been denied
27 the
27 the benefits
benefits of,
of, educational,
educational, networking,
networking, and
and other
other programs at Berkeley.
programs at Berkeley. Specifically, while
Specifically, while
28 Jewish
28 Jewish individuals
individuals can in theory
can in theory join
join student groups that
student groups that ban
ban speech by Zionists,
speech by Zionists, they
they can
can do
do so
so
2337311.2
2337311.2
-35-
-35-
COMPLAINT
COMPLAINT
11 only by renouncing
only by renouncing or
or pretending to renounce
pretending to an immutable
renounce an immutable aspect
aspect of their identity
of their identity or by
or by
22 remaining
remaining silent,
silent, since their speech
since their is prohibited
speech is by the
prohibited by the bylaws.
bylaws. Neither
Neither "solution"
“solution” is tenable, nor
is tenable, nor
33 can
can either
either lawfully be required
lawfully be required of
of any individual.
any individual.
44 134.
134. While on
While on notice of the
notice of the discrimination
against and
and hostile
hostile environment
environment for
for Jewish
Jewish
55 members
members of the community
of the (as shown
community (as by their
shown by their public
public statements), Defendants have
statements), Defendants failed to
have failed to take
take
66 corrective
corrective action.
action.
77 PRAYER
PRAYER FOR
FOR RELIEF
RELIEF
88 WHEREFORE, Plaintiffs
WHEREFORE, Plaintiffs respectfully
respectfully request that this
request that this Court
Court order the following
order the following relief:
relief:
99 1.
1. An
An injunction
injunction preliminarily and permanently
preliminarily and permanently enjoining Defendants from
enjoining Defendants (i)
from (i)
10
10 permitting
permitting registered
registered student
student organizations to exclude
organizations to exclude Jews; (ii) funding
Jews; (ii) funding any
any
11
11 student
student organization that excludes
organization that excludes Jews;
Jews; and (iii) granting
and (iii) granting official
official recognition to
recognition to
12
12 any
any student
student organization that excludes
organization that excludes Jews.
Jews.
13
13 2.
2. An
An injunction
preliminarily and permanently requiring Defendants to
requiring Defendants to enforce their
enforce their
14
14 Policy on
Policy Nondiscrimination and
on Nondiscrimination and their
their all-comers
all-comers policy
policy on
on an
an evenhanded basis,
evenhanded basis,
15
15 ensuring that Jewish
ensuring that Jewish members
community are
are protected, with
protected, with
16
16 respect to their
respect to their physical
physical safety
safety and
and otherwise, from discrimination
otherwise, from discrimination on the basis
on the basis of
of
17
17 their Jewish
their Jewish identity, including those
identity, including those for whom Zionism
for whom Zionism is
is an
an integral
integral part
part of that
of that
18
18 identity.
identity.
19
19 3.
3. An
An injunction
preliminarily and permanently mandating that Defendants
mandating that Defendants take
take action
action
20
20 to end
to the hostile
end the hostile environment
environment on
on campus by (i)
campus by (i) communicating to the
communicating to the entire
entire
21
21 Berkeley community
Berkeley via broadcast
community via broadcast e-mail
e-mail or
or aa similar
similar medium that Berkeley
medium that Berkeley will
will
22
22 condemn, investigate, and
condemn, investigate, and punish
punish any
any conduct that harasses
conduct that harasses members
members of the Jewish
of the Jewish
23
23 community,
community, or
or others,
others, on the basis
on the basis of their ethnic
of their ethnic or ancestral background;
or ancestral background; (ii)
(ii)
24
24 providing
providing education
education about anti-Semitism, including
about anti-Semitism, including by
by conducting mandatory
conducting mandatory
25
25 training for
training for administrators and professors;
administrators and (iii) instituting
professors; (iii) instituting strict
strict review
review and
and approval
approval
26
26 policies to ensure
policies to that the
ensure that the administration
administration does
does not
not conduct,
conduct, or finance, programs
or finance, programs
27
27 that deny
that deny equal
equal protection to Jewish
protection to Jewish members
community including
including
28
28 those for
those for whom
whom Zionism
Zionism is
is an
an integral
integral part
part of their identity.
of their identity.
2337311.2
2337311.2
-36-
-36-
COMPLAINT
COMPLAINT
11 4.
4. A
A declaratory judgment that
declaratory judgment that the
the failure
failure by
by Defendants
Defendants to
to enforce
enforce its
its policies to
policies to
2
2 protect
protect Jewish members of
Jewish members the Berkeley
community has violated Plaintiffs'
has violated Plaintiffs’ rights
rights
33 under (i)
under (i) the
the Equal
Equal Protection
Protection Clause
Clause of the Fourteenth
of the Fourteenth Amendment
Amendment of the U.S.
of the U.S.
44 Constitution, (ii) the

Constitution, (ii) the Free
Free Exercise
Exercise Clause
Clause of the U.S.
of the U.S. Constitution,
Constitution, (iii)
(iii) Title
Title VI
VI of
of
55 the 1964
the 1964 Civil Rights Act,
Civil Rights Act, 42 U.S.C. §§ 2000d
42 U.S.C. 2000d et
et seq., and (iv)
seq., and (iv) Plaintiffs'
Plaintiffs’ right to
right to
66 contract
contract as
as ensured by 42
ensured by U.S.C. §§ 1981.
42 U.S.C. 1981.
77 5.
5. Plaintiffs’ reasonable
Plaintiffs' attorneys’ fees
reasonable attorneys' fees pursuant to 42
pursuant to U.S.C. §§ 1988.
42 U.S.C. 1988.
88 6.
6. Any
Any other
other relief which this
relief which this Court
Court may
may deem just and
deem just and proper.
proper.
99 DEMAND FOR
DEMAND FOR JURY
JURY TRIAL
TRIAL
10
10 Plaintiffs demand
Plaintiffs demand aa jury
jury trial
trial on
on all issues so
all issues so triable.
triable.
11
11
12 DATED: November
12 DATED: 28, 2023
November 28, 2023 ELLIS GEORGE
ELLIS GEORGE CIPOLLONE
CIPOLLONE O’BRIEN LLP
O'BRIEN LLP
Eric M.
Eric M. George
George
13
13
14
14
15
15 By:
By: 'Eric M. George)
Eric M.
Eric M. George
George
16
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COMPLAINT
COMPLAINT
Case 3:23-cv-06133 Document 1-1 Filed 11/28/23 Page 1 of 3
Exhibit A
Berkeley
UNIVERSITY OF CALIFORNIA
Carol T. Christ
CHANCELLOR
200 California Hall #1500

Berkeley, CA 94720-1500
510 642-7464
chancellor@berkeley.edu
chancellor.berkeley.edu
chancellor.berkeley. edu
Dear Jewish Students,

Dear Jewish Students, Faculty,
Faculty, and
and Staff,
Staff,
II am
am writing
writing today
today to
to express
express my support for
my support you as
for you valued members
as valued members of of our
our campus
campus
community.
community. II am
am concerned
concerned about
about how you and
how you and members
members of of other
other communities
communities have
have been
been
impacted
impacted by by the adoption of,
the adoption and the
of, and the ensuing
ensuing reactions
reactions to
to aa bylaw
bylaw endorsed
endorsed by by certain
certain
Berkeley
Berkeley Law student organizations
Law student organizations which
which excludes speakers who
excludes speakers support Israel
who support and Zionism.
Israel and Zionism.
Due
Due to
to the
the extraordinary
extraordinary complexity and divisiveness
complexity and divisiveness ofof the
the issues
issues involved,
involved, II have
have been
been
focusing
focusing onon direct
direct engagement
engagement withwith members
members of of the Jewish, Israeli,
the Jewish, Israeli, Palestinian,
Palestinian, and
and Muslim
Muslim
communities
communities andand their supporters in
their supporters what has
in what has been
been a a challenging
challenging effort
effort to
to foster
foster healing.
healing. II will
will
continue
continue my
my efforts
efforts to
to foster
foster aa greater
greater degree
degree of
of mutual
mutual understanding across this
understanding across this difficult
difficult
divide.
divide.
II want
want to
to convey
convey my
my understanding
understanding as
as to why the
to why adoption of
the adoption the bylaw
of the was deeply
bylaw was deeply upsetting
upsetting
to some
to some Jewish
Jewish members
members of
of our
our community
community for whom Zionism
for whom Zionism is an indivisible
is an indivisible part
part of
of their
their
Jewish identity,
Jewish identity, and who now
and who say they
now say they no
no longer
longer feel
feel welcome
welcome atat events
events held
held by some of
by some of the
the
student organizations that
that have
have agreed
agreed toto the
the bylaw’s terms.
bylaw's terms.
II realize that for

realize that some, opposition
for some, opposition to to Zionism
Zionism is solely aa function
is solely function of the State
of the State of
of Israel’s
Israel's policies
policies
and actions.
and actions. II do
do not
not believe
believe criticism
criticism of
of Israel
Israel is
is inherently antisemitic or
inherently antisemitic anti-Zionist. II
or anti-Zionist.
understand
understand thethe reasons
reasons forfor opposition
opposition to some of
to some of Israel’s
Israel's policies
policies and actions. At
and actions. At the
the same
same
time, II have
time, have observed
observed that there are
that there are those
those whose
whose opposition
opposition toto Zionism springs from
Zionism springs from aa belief
belief
that the
that Jews as
the Jews as a
a people
people have
have no
no right to aa homeland—the
right to homeland —the essence
essence of
of Zionism’s
Zionism's original
original
aspirations. As
aspirations. As aa result,
result, II understand
understand howhow opposition
opposition toto Zionism seems for
Zionism seems some to
for some to be
be
opposition
opposition to to Israel’s very existence,
Israel's very existence, and
and therefore
therefore isis regarded
regarded asas antisemitic
antisemitic by some
by some
members
members of of the Jewish community.
the Jewish community.
II am
am also
also very
very concerned about the
concerned about the impact
impact that
that these
these recent
recent events,
events, the vitriolic social
the vitriolic social media
media
posts,
posts, and
and the
the unbalanced and inaccurate
unbalanced and inaccurate media
media reporting
reporting areare having
having on those who
on those who authored
authored
or
or supported the adoption of the bylaw. I condemn the harassment and threats they and
supported the adoption of the bylaw. I condemn the harassment and threats they their
and their
supporters have
supporters have been subject to
been subject and, in
to and, in particular,
particular, the
the truck-borne
truck-borne billboards
billboards that
that have
have
singled out
singled out and attacked many
and attacked student leaders
many student and staff
leaders and staff members
members by by name.
name. II commend
commend the the
statement issued
statement issued by Jewish students
by Jewish students atat Berkeley
Berkeley Law that also
Law that also condemned
condemned these “abhorrent
these "abhorrent
attacks” and
attacks" and expressed Jewish law
expressed Jewish students’ commitment
law students' commitment to to stand
stand with
with their
their fellow students.
fellow students.
II believe
believe that
that all student organizations
all student organizations have
have the
the right,
right, and
and aa legally
legally protected
protected ability,
ability, to
to invite
invite
speakers based
speakers based onon their viewpoint to
their viewpoint to the
the events they host
events they and sponsor.
host and sponsor. We
We must
must be
be consistent
consistent
in
in defending
defending that
that right
right for
for all
all groups,
groups, including
including pro-Palestinian
pro-Palestinian ones.
ones. The
The Supreme
Supreme Court
Court has
has
been
been clear that those
clear that those holding
holding events
events have
have aa First Amendment right
First Amendment right to
to decide
decide the views to
the views to be
be
communicated
communicated at at those
those events.
events.
II am
am aware
aware that
that the
the current situation has
current situation has led
led many
many members
members of your community
of your community to to feel
feel more
more
vulnerable and
vulnerable and unwelcome
unwelcome in in campus spaces. This
campus spaces. This concerns
concerns me
me deeply.
deeply. Excluding anyone
Excluding anyone
from
from any
any campus activity based
campus activity based on their race,
on their race, religion,
religion, nationality,
nationality, ethnicity,
ethnicity, gender,
gender, or
or
sexuality would
sexuality would represent
represent impermissible
impermissible discrimination. As always,
discrimination. As always, wewe urge anyone who
urge anyone who
experiences
experiences or
or is
is made
made aware
aware of actions that
of actions that they
they believe
believe may violate the
may violate the Student
Student Code
Code ofof
Conduct
Conduct or
or campus
campus regulations
regulations toto report
report those
those actions
actions immediately
immediately toto Center
Center for
for Student
Student
Conduct and/or the
Conduct and/or the Office
Office for
for the
the Prevention
Prevention ofof Harassment and Discrimination.
Harassment and Discrimination.
II believe
believe that
that as
as an
an institution
institution of of higher
higher education
education wewe must seek to
must seek to foster
foster understanding,
understanding,
facilitate
facilitate dialogue,
dialogue, and
and remain
remain open to and
open to and respectful
respectful ofof diversity
diversity of
of perspective.
perspective. In addition,
In addition,
my administration has
my administration has anan unwavering
unwavering commitment
commitment to to confronting antisemitism,
confronting antisemitism,
Islamophobia,
Islamophobia, and
and all
all forms
forms ofof discrimination
discrimination andand bias
bias including
including that
that against Jewish students
against Jewish students
in
in order
order to
to provide
provide all
all of
of our students with
our students with a true sense
a true sense of
of belonging.
belonging. II am
am proud
proud ofof our
our many
many
Jewish student
Jewish student organizations
organizations and and Berkeley student Chabad
Berkeley student Chabad to support and
to support and foster
foster a thriving
a thriving
community,
community, andand all
all that
that is
is contributed
contributed to to our academic mission
our academic mission by
by our world-class Jewish
our world-class Jewish
Studies
Studies program,
program, the
the Magnes
Magnes Museum,
Museum, and and the
the Helen
Helen Diller
Diller Institute
Institute of Jewish Law
of Jewish and Israel
Law and Israel
Studies, which frequently
Studies, which frequently hosts speakers and
hosts speakers visiting scholars
and visiting scholars from
from Israel.
Israel. In
In addition,
addition, II value
value
the campus
the campus partnership
partnership withwith the
the Berkeley
Berkeley Hillel Jewish Student
Hillel Jewish Student Center
Center for
for helping
helping to
to build
build
community.
community.
In
In recent weeks II have
recent weeks have met with members
met with members ofof the
the Chancellor’s
Chancellor's Committee
Committee on Jewish Student
on Jewish Student
Life
Life and
and Campus
Campus Climate,
Climate, and
and the
the chairperson,
chairperson, Professor
Professor Ethan
Ethan Katz.
Katz. Together we are
Together we are
discussing and exploring
discussing and exploring how we can
how we can improve
improve the Jewish experience
the Jewish at Berkeley
experience at Berkeley by, among
by, among
other things, developing
other things, substantive responses
developing substantive responses to your concerns,
to your concerns, needs
needs and
and interests.
interests. II have
have
asked Professor
asked Professor Katz
Katz to
to keep
keep the
the community
community informed
informed about
about the
the outcome
outcome of
of our
our efforts.
efforts.
II acknowledge
acknowledge and accept that
and accept that our
our university
university isis a work in
a work in progress.
progress. II understand and deeply
understand and deeply
regret
regret that
that here at Berkeley
here at Berkeley members
members of of communities
communities which
which have
have been
been historically
historically
marginalized
marginalized and
and discriminated against far
discriminated against far too
too often
often feel
feel unsafe,
unsafe, unwelcome,
unwelcome, andand
disrespected.
disrespected. In
In the
the course
course of
of my
my meetings, through this
meetings, through this message and aa similar
message and similar one
one II am
am
sending to
sending to Muslim
Muslim and
and Palestinian students, II hope
Palestinian students, to catalyze
hope to catalyze thought,
thought, discussion
discussion and action
and action
that will
that will enable
enable us
us to
to more
more fully align our
fully align words and
our words and deeds with our
deeds with our Principles
Principles of
of Community.
Community.
II ask
ask and
and urge all of
urge all of us
us to
to consider
consider how
how even as we
even as we disagree,
disagree, that
that we
we also
also recognize
recognize and
and
respect
respect each
each other’s
other's humanity
humanity and
and place
place in
in our
our community.
community.
Respectfully yours,
Respectfully yours,
Carol
Carol T.
T. Christ
Christ
Chancellor
Chancellor
Exhibit B
Dear editors of journals, editorial boards ofjournals, and their faculty advisors,
I have consistently taken the position that student organizations are permitted by UC policy and applicable law to choose who to invite as speakers on the basis of their viewpoint. I
thus have said from the outset that student organizations cannot be penalized by the campus for adopting the Bylaw proposed by Law Students for Justice in Palestine.
The issue has now arisen as to what consequences would ensue if entities where academic credit is awarded adopt the LSJP Bylaw or other viewpoint-based organizational statements
and requirements for their members that relate neither to the publication of an academic law journal nor to the specific academic focus of a particular journal. The LSJP Bylaw, for
example, says that in adopting it, organizations will require that their members participate in specific training. ("To ensure that solidarity is practiced both in theory and in practice,
members agree to participate in a 'Palestine 101' training held by the Law Students Justice for Palestine to learn ways to create a safe and inclusive space for Palestinian students and
students that are in the support of the liberation of Palestine, as well as engaging in the BDS movement in the principled manner Palestinians are asking for.")
I have concluded that it would be problematic for the Law School to award academic credit to participating students when Berkeley Law journals adopt viewpoint-based organizing
principles and practices that have no pedagogical relationship to the publication of the journal or to its academic focus. Although student organizations generally may adopt
viewpoints as part of their charters and impose conditions of membership consistent with the our all-comers policy, it is quite different when it is the Law School awarding mdemic
credit. We would not allow a viewpoint-based litmus test as a requirement for earning academic credit for other courses. The Law School would not permit a Civil Procedure or a
Business Association instructor to require participation in a training that was unrelated to the course materiaL When credit is awarded for participation, the Law School is integrally
and irreducibly involved in determining that the activity is pedagogically sufficient and appropriate for academic credit, including by setting requirements, and by appointing a faculty
member to determine that each student has done the requisite work for credit.
To be clear. if a journal wishes to adopt the LSJP bylaw, it may do so. In that case, that journal will be treated like every other student organization and may choose speakers based on
viewpoint and create requirements for membership (so long as it remains in compliance with the Law School's all-corners policy). In that instance, no academic credit will be
awarded to participants. But if a journal desires to have its participating students earn academic credit, then it cannot impose adopt a viewpoint-based bylaw or participation
requirement that bears no legitimate pedagogical relationship to the academic practices of the journal's work.
Because students already have registered for credits this semester, journals cannot change their policies for this semester. If they wish, they may choose to forego academic credit
beginning in Spring 2024 semester.
I do not come to this conclusion lightly. My decision is not intended to punish, or to dissuade any student organization from asserting its views. I have consistently protected the
ability of student organizations to adopt the LSJP Bylaw. But it is fundamentally different when it is the Law School awarding academic credit for participation.
Warmly,
Erwin

Brandeis Center Complaint 11.28.2023

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Case 3:23-cv-06133 Document 1 Filed 11/28/23 Page 1 of 37

11 national and/or racial

66 codify UC’s commitments

55 calling for their

66 class, which would

55 The Brandeis Center

66 defendants, including counseling

11 qualified, willing, and

22 African Law Students

44 private law school

22 adopted the Exclusionary

88 Gender, Law, and

99 Community Defense Project,

66 spoken before law

88 Asian Law Student

33 Article IX, Section

99 U.C. Berkeley School

88 Jews with Zionists.

44 definition-antisemitism (last visited

99 definitions-charters/working-definition-antisemitism/adoption-endorsement (last visited

11 content/uploads/2023/05/U.S.-National-Strategy-to-Counter-Antisemitism.pdf (last visited

88 anti-Israel bias and

44 consider the International

88 https://www2.ed.gov/about/offices/list/ocr/docs/qa-titleix-anti-semitism-20210119.pdf; see also

55 School, Are Required

44 speakers who agree

77 revealed that her

77 https://callink.berkeley.edu/organization/communitydefenseproject (last visited

44 aa quintessential law school

99 debate-between-chemerinsky-and-marcus-continues/ (explaining that

33 Although these e-mails

22 acknowledging that the

55 JAFE Members Who

88 OCR Dear Colleague

44 Constitution, (ii) the

200 California Hall #1500

Dear Jewish Students,

II realize that for

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