(José Niño, Headline USA) A coalition of California teachers, students and parents filed a federal lawsuit arguing that a new state law designed to combat antisemitism in schools actually censors legitimate classroom discussion about Israel and Palestine.
The American Arab Anti Discrimination Committee filed a federal lawsuit last Sunday, challenging a California law that educators say will censor classroom discussions about Israel and Palestine. The suit, filed in United States District Court for the Northern District of California, argues that Assembly Bill 715 violates constitutional protections for free speech and due process.
Gov. Gavin Newsom, D-Calif. signed the legislation on October 7, despite vocal opposition from civil rights organizations, teachers unions and education advocates. The law amends California’s Education Code to address antisemitism in public schools, but critics say it conflates legitimate criticism of Israeli government policies with bigotry.
The plaintiffs include California public school teachers, students, parents and the Los Angeles Educators for Justice in Palestine, a group advocating for academic freedom and awareness of Palestinian human rights. According to a report by Truthout, they are suing Governor Newsom, Attorney General Rob Bonta and Superintendent of Public Education Tony Thurmond, all in their official capacities.
At the heart of the dispute lies what plaintiffs describe as unconstitutional vagueness. AB 715 does not explicitly define antisemitism but directs school districts to follow the Biden Administration’s National Strategy to Combat Antisemitism, which references the International Holocaust Remembrance Alliance definition.
Educators argue this definition treats criticism of Israel and Zionism as antisemitism, creating uncertainty about what teachers can discuss without facing discipline.
“Unless I create an exception to the use of standard definitions or simply abandon the topic completely, I will be at risk under the new law AB 715,” teacher Andrea Prichett stated in the complaint.
The lawsuit argues that California’s Education Code already prohibits discrimination based on race, religion, ethnicity and national origin. The only plausible reason for the new law, according to the filing, is to alter or expand those definitions in ways that target specific viewpoints about Israel.
Teachers fear they could face disciplinary action for presenting factually accurate historical information, such as the displacement of Palestinians during Israel’s creation or the ongoing occupation of the West Bank. Student plaintiff J.J. expressed concern that the law would inhibit “meaningful discussions that are necessary to learn about different perspectives so that common ground can be reached.”
In a statement, the Council on American Islamic Relations characterized the legislation as classroom censorship that “silences Muslim, Arab, Palestinian, Jewish, and other marginalized voices in California public schools by shielding a foreign government — Israel — from legitimate criticism and criminalizes honest discussions on Palestine and other global human rights issues.” .
“Our children’s rights are not negotiable. Compromised politicians in California do not have the right or authority to muzzle our children and strip away their First Amendment rights. AB 715 does exactly that, it rips up the First Amendment and hands classrooms to a foreign agenda,” ADC National Executive Director Abed Ayoub said in a statement announcing the lawsuit. “By signing this bill into law, Gov. Newsom has made it clear — he has sided with foreign interests instead of students and parents.”
The lawsuit seeks several remedies from the federal court. It asks for a declaration that the law violates teachers’ due process rights under the Fourteenth Amendment because of its vague language.
The complaint also requests findings that the amendments violate First Amendment protections for both teachers and students by being overbroad and viewpoint discriminatory. Finally, the plaintiffs seek an injunction preventing state officials from enforcing the contested provisions.
“AB 715’s intent and effect is classroom censorship. It — probably intentionally — does not define the conduct it targets, then points schools to federal guidance that blurs legitimate criticism of a foreign state with bigotry,” ADC National Legal Director Jenin Younes declared. “That combination guarantees arbitrary punishment of educators, chills valuable classroom instruction and discussion, and deprives students of the vigorous debate the Constitution protects. We brought this case to keep classrooms free to teach the truth.”
The case can be found here.
José Niño is the deputy editor of Headline USA. Follow him at x.com/JoseAlNino
