Judge orders Main Line theater to screen film that had been canceled amid outcry over the Israeli Film Festival

April 9, 2024
related case
Concernered Jewish Parents and Teachers of LA

A Montgomery County judge on Tuesday ordered a Main Line theater to screen a film about an Israeli musician — part of the Israeli Film Festival of Philadelphia — that had been canceled the day before amid mounting objections to the festival from organizations critical of Israel.

The film, The Child Within Me, about Yehuda Poliker, was shown Tuesday night at the Bryn Mawr Film Institute as part of the ongoing festival, which is now in its 28th year.

The institute on Monday announced it was canceling the screening. In a statement, BMFI said it was not a political organization despite hosting the festival in previous years.

“However, as the situation in Israel and Gaza has developed, it has become clear that our showing this movie is being widely taken among individuals and institutions in our community as an endorsement of Israel’s recent and ongoing actions. This is not a statement we intended or wish to make. For this reason, BMFI is canceling the sole screening of the music documentary, The Child Within Me,” the institute said on Monday.

By Tuesday afternoon, it released a statement of apology, saying that the cancellation was “due to concern for public safety.”

“BMFI is an institution run by human beings. We are flawed and have blind spots. Sometimes we make bad calls. We understand that our actions have hurt and offended many. That was the opposite of our intention, and we apologize for disappointing so many members of our community,” the statement read.

Groups including the Bi-Co Jewish Voice for Peace had opposed the screening because the festival benefits from fundraising for the state of Israel through its sponsors, Israel Bonds and the Consulate General of Israel.

“We were upset to see the same money that funds a genocide going toward a local beloved business,” said Elez Beresin-Scher, 21, a Bryn Mawr College junior who organizes with Bi-Co Students for Justice in Palestine and Bi-Co Jewish Voice for Peace, including students at Bryn Mawr and Haverford Colleges.

After the theater said on Monday that it was canceling the screening, those same groups cheered the decision and called off a planned protest at the theater Tuesday night.

But lawyers for the film festival went to court, arguing that the cancellation was a breach of contract, and Judge Richard P. Haaz, of the Montgomery County Court of Common Pleas, agreed.

The Child Within Me has nothing to do with current events in Israel or the war currently ongoing in the Middle East,” the lawyers wrote in their complaint.

After the court order was issued Tuesday, the Israeli Film Festival posted on its website: “This attempt to censor the arts and culture of Israel was not successful.”

Lori Lowenthal Marcus, a lawyer for the film festival, called the judge’s order “an extraordinary remedy … to right an extraordinary wrong.” The theater’s earlier decision to cancel the screening, Marcus said in a statement Tuesday, “was a cowardly response to bullying.”

Beresin-Scher. said: “The court order was upsetting because it portrayed college students who were trying to make a difference in their community as dangerous groups who threatened the BMFI. What actually happened was we held peaceful, civil dialogue. We are not even sure that it was our conversations that led to their decision to cancel.”

Students said they were not protesting the film itself but the festival overall. Beresin-Scher participated in conversations with BMFI to inform it of the festival’s sponsors and described the talks as “personal and kind.” After the court order, she said students did not protest the event because they understood that the theater was legally obligated to host it.

“As a Jewish person, I feel a deep commitment to tikkun olam, making the world a better place, which, for me, means a responsibility to use my voice to speak out against the Israeli government’s horrific treatment of the Palestinian people,” said Beresin-Scher.

Israel’s actions stem from Hamas’ deadly invasion of Israel on Oct. 7, when attackers killed 1,200 people, mostly civilians, and took roughly 250 people hostage. More than 33,400 Palestinians have been killed in the relentless fighting, according to Gaza’s health ministry, which does not differentiate between civilians and combatants in its count.

The Philly Palestine Coalition, which also demanded that the film screening be canceled and took issue with the festival’s sponsors, could not be reached for comment about the court order.

The initial cancellation of the film screening prompted condemnation from the Anti-Defamation League of Philadelphia and the Jewish Federation of Greater Philadelphia.

“Although BMFI states that this decision was made in an attempt to avoid controversy, this action only serves to blacklist Israeli culture, playing into the hands of antisemites who try to deny the Jewish people their voice and existence,” both organizations said in a joint statement.

View source

Submit Case

Please fill out the form, providing a brief description of the incident.
One of our attorneys will review your submission and contact you to arrange a call for further discussion.
If you or someone you know has experienced antisemitism in education, we encourage you to share your story with The Deborah Project so that we can provide advice about whether the legal rights of Jews have been violated and if so, what options there are for moving forward.
Thank you! Your submission has been received and we will contact you soon!
Oops! Something went wrong while submitting the form.

FAQs

We’re here to help. Check out some of our most frequently asked questions. And if you don’t find what you’re looking for, be sure to contact someone from our team.
Is antisemitism in school settings illegal?
Acts of Antisemitism can be the basis of a legal violation, so long as those acts create an interference with the ability to do one's job or to participate in one's educational experience.
Don't teachers have free speech rights, so they can't be punished for saying antisemitic things?
K-12 public school teachers do NOT have free speech rights in the classroom or whenever they are performing their official duties. Private school teachers have greater leeway, as do college professors.
Do anti-Zionist/anti-Israel assertions constitute a violation of anti-discrimination laws?
It depends. The U.S. government has slowly begun to recognize that anti-Zionism can constitute antisemitism, and so is subject to anti-discrimination laws, when such hostility goes beyond merely criticizing the Israeli government for various policies but instead attacks Zionists or Israelis for things the speaker doesn't criticize other countries for doing. This is why it is so important for institutions and governments to adopt the IHRA working definition of antisemitism and its examples.
Discrimination in education is governed by Title VI of the 1964 Civil Rights Act. But Title VI doesn't include religion as a protected category. So is antisemitism not considered discriminatory under Title VI?
Someone who is Jewish and believes that Israel has the right to exist as a Jewish state may have a claim under Title VI under the protected categories of Shared Ancestry and Ethnicity.

Contact Us

Have questions? We’re here to help! Fill the form or contact us anytime for assistance.
Thank you! Your submission has been received and we will contact you soon!
Oops! Something went wrong while submitting the form.