Discrimination Against Jews Who Are Zionists, Too

To the Editor,

Jeffrey Herbst ("When Commitments to Free Speech and Against Antisemitism Collide," Oct. 17, 2023) writes with insight and I appreciate his thoughtful commentary.

However, the example he provides from UC Berkeley does not reflect my experience as a faculty member there. Free speech is not the issue, though it is a convenient frame for the university to avoid taking responsibility for equality and civil and human rights protections which the university is obligated to respect, protect and fulfill.

The ban on "Zionists" at some UC Berkeley student organizations likely violates both California state and federal laws prohibiting discrimination on the basis of religion. UC Berkeley is aware of this, but has chosen to maintain this discrimination which violates the rights, welfare and equality of both students and faculty who identify as Jews. 

I am prohibited from addressing these clubs because of the form of Judaism I practice and affiliate with, which includes elements of all three major streams of Judaism in the United States, Reform, Conservative and Orthodox. Each of these streams of Judaism  integrates Zionism into their theology, values, platforms, prayers and practices. Zionism is not only a political conviction, aspiration and movement but an integral component of the practice and faith of millions of American Jews.

UC Berkeley discriminates against me and thousands of Jewish university members because of my religious beliefs, identity and practice by allowing clubs to ban me from addressing them due to my religious identity and practice. This is a serious violation of my human rights and my civil rights and despite having communicated this to the university I have been told that the university will continue to defend this discrimination against Jewish individuals. This discrimination is deeply disturbing, harmful, and contributes to our marginalization on campus, social ostracization, and exclusion from university life.

Both Jewish faculty and students are experiencing significant marginalization and exclusion that has only increased in the last two weeks since the Hamas massacres, torture and hostage taking in Israel with hostility, harassment, intimidation and abuse of Jewish university community members increasing. It is appalling and unacceptable.

I never expected such treatment at UC Berkeley and such lack of support, solidarity, empathy, and moral leadership and example. We need the administration to change course urgently and repair the harm caused to members of our Jewish community and allies. I am a passionate defender of free speech. But its defense does not absolve UC Berkeley of its civil rights legal obligations to prevent discrimination on the basis of religion.

--Noam Schimmel
Lecturer, University of California, Berkeley