Teachers and students said the bill was unconstitutionally vague, but they ultimately failed to show how it was discriminatory or curbed free speech.<\/p>\n
SAN JOSE, Calif. (CN) \u2014 A federal judge dismissed a lawsuit filed by school teachers and students Tuesday, saying a new California bill that prevents antisemitism can be enforced.<\/p>\n
U.S. District Judge Noel Wise granted California\u2019s motion to dismiss the plaintiff\u2019s second amended complaint with prejudice.<\/p>\n
\u201cThe court\u2019s reading of the current case law is that a plaintiff must point to instruction or lessons they otherwise would have received in order to allege a deprivation of the First Amendment right to receive information,\u201d Wise wrote in her 10-page ruling<\/a>.<\/p>\n \u201cStudent plaintiffs have not alleged that they were going to receive information related to Israel and Palestine and now will not.”<\/p>\n Effective Jan. 1, Assembly Bill 715<\/a>, which amended and added to California\u2019s education code, seeks to curb the \u201cwidespread surge in antisemitic discrimination, harassment and bullying\u201d of Jewish and Israeli American students. It also establishes a statewide antisemitism prevention coordinator for public schools, through the state\u2019s newly created Office of Civil Rights. The governor-appointed post has yet to be filled.<\/p>\n \u201cThe existence of an antisemitism coordinator does not change the office\u2019s overarching purpose to stop discrimination generally; it merely reflects the state\u2019s decision to accord specific funds to a specific problem,\u201d Wise, a Joe Biden appointee, wrote.<\/p>\n Teachers, students and the American-Arab Anti-Discrimination Committee filed the lawsuit this past November, claiming the bill was unconstitutionally vague and violated free speech rights for teachers and students.<\/p>\n \u201cFor student plaintiffs to succeed on their equal protection claim, they must show that AB 715 has a discriminatory effect and was motivated by a discriminatory purpose,\u201d wrote Wise. \u201cAs an initial matter, AB 715 does not discriminate on the basis of religion,\u201d she wrote.<\/p>\n On Dec. 31<\/a>, the court denied the plaintiffs a preliminary injunction, partly because the plaintiffs\u2019 claims weren\u2019t ripe<\/a>, but also because teachers don\u2019t have the same First Amendment rights in the classroom as private citizens do, said Wise. The plaintiffs appealed the ruling to the Ninth Circuit briefly but ultimately decided to amend their complaint.<\/p>\n \u201cThis ruling affirms what we\u2019ve said from the start: AB 715 is a critical and constitutionally sound tool to address antisemitism in schools, alongside protections the Legislature has extended to other forms of discrimination through companion legislation,\u201d Jewish California CEO David Bocarsly said in a statement. \u201cWe\u2019re grateful to the attorney general\u2019s office and our pro bono partners at Willkie Farr & Gallagher for their steadfast defense of this law.\u201d<\/p>\n Attorneys representing the plaintiffs did not respond to a request for comment by press time.<\/p>\n Subscribe to our free newsletters<\/p>\n Our weekly newsletter Closing Arguments offers the latest about ongoing
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