The Deborah Project adding litigators against critical race theory

January 10, 2023
related case
Concernered Jewish Parents and Teachers of LA

The Deborah Project (TDP), a public interest law firm dedicated since 2016 to protecting Jewish civil rights in the American educational system, recently announced that it will hire more litigation attorneys thanks to a generous donation.

“As the result of a generous grant from a private foundation, TDP is extending its reach, and hiring additional lawyers to enable it to bring this fight to more courtrooms,” Legal Director Lori Lowenthal Marcus told JNS.

“We have brought a legal challenge in federal court in California challenging ‘Liberated Ethnic Studies’—which adopts the full complement of Critical Race Theory’s attack on Zionism, the goal of which is to teach all American public school children the canard that such attacks are not antisemitic because ‘Zionism and Judaism are two separate things.’ As a result of this very generous gift, we are now hiring more litigators to help us expand this fight dramatically,” she said.

TDP was founded by Harvard Law School Professor Jesse M. Fried and provides legal assistance on a pro bono basis to Jewish or pro-Israel individuals who are being discriminated against in educational settings.

“Zionism has long been demonized on the far left—at least since the U.N.’s 1975 Zionism is Racism resolution, and then by the festival of antisemitism at the Durban conference in 2001 [Durban I],” Marcus continued.

“Those attacks have crept into the mainstream of the US conversation on race, through Critical Race Theory, which denounces the creation of the State of Israel as an exercise in land theft by white colonialists, and the actions of the Jewish state to defend all of its citizens—Muslims and Christians as well as Jews—as nothing more than genocide, apartheid and ethnic cleansing. Now these libelous attacks on the Jewish commitment to Zion are being injected into public school curricula in the guise of ‘anti-racism,’ through the vehicles of Liberated or Critical Ethnic Studies.”

Marcus went on to describe how anti-Jewish attacks on college campuses have increased due to the proliferation of Critical Race Theory.

Jews slowly awakening

“Though the flames of antisemitism continue to be fanned, most American Jews thought that was a hatred from which they and their children would be spared,” she said. “But as Critical Race Theory and even physically violent attacks on them proliferate, Jews are slowly awakening to the need to not just complain about but to defeat this effort to teach children to hate and to oppose the existence of a sovereign Jewish state in the land of Israel. [We have] been litigating cases since 2016 challenging the efforts of Israel’s enemies to install hatred of the Jewish yearning for national liberation into the American educational canon.”

In light of the new grant, TDP is creating a new legal defense fund modeled after other successful civil rights law firms dedicated to the protection of minority rights.

“Our model for TDP is the NAACP Legal Defense Fund,” said TDP President Jerome Marcus. “Led by Thurgood Marshall and other brilliant and deeply committed lawyers, these people worked for many decades to conduct a well-thought-out and meticulously executed plan to use the Constitution’s grant of equal protection to assure civil rights for their constituency.

Civil rights law firm for Jews

“America’s civil rights laws have long been used by other minorities, and the American Jewish community has supported those campaigns with great commitment. But with rare exceptions, the Jewish community here has not used these laws for their own protection. With this grant, we can begin to make TDP into the civil rights law firm for American Jews.”

Marcus said that “the advent of Critical Race Theory and its use against the Jewish commitment to Zionism must be a wake-up call for American Jews who need to understand the imperative to protect themselves—and especially their children—from the use of this ideology in public schools and elsewhere because it teaches Jew-hatred and incites violence.”

Proponents of the Critical Race attack on Israel point to American Jews who denounce Israel to buttress their claim that Zionism is wholly separate from Judaism. Therefore, they insist, it’s within the realm of civilized debate and is not antisemitic to want the Jewish state to be destroyed, and to proclaim that Jews’ commitment to that state is not the expression of a religious belief but is itself an act of racism.

“These attacks prey on ignorance about the content of Judaism—its books, its calendar, and its customs,” said Marcus. “Everything from our daily prayers to our breaking a glass at the end of Jewish weddings is linked intimately with the Jewish yearning for Jewish sovereignty in the land of Israel. That’s why attacks on the idea of Zionism are attacks on Jews’ sincerely held religious belief. And publicly funded attacks on sincerely held religious beliefs, like publicly funded attacks on Jewish ethnicity and Israeli nationals, and like attacks on Blacks, Hispanics, Asians or any other ethnic minorities, are flat out against the law.”

Marcus said that the grant will also enable the non-profit public interest law firm to build the infrastructure it needs to protect Jewish civil rights.

“One of the tools often used by the enemies of Zionism is stealth,” she said. “They instruct public school teachers who indoctrinate students with hatred of Israel to do so ‘under the radar’ and ‘behind closed doors,’ so parents and school administrators can’t find out what’s happening. We’re now able to flush out and expose the malevolent antisemitic material these people are sneaking into public schools. And when Jewish parents and other Jews see what’s being done, they will rise up and we will prevail. Because we must.”

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.