At Berkeley Law, a Debate Over Zionism, Free Speech and Campus Ideals

“Supporting Palestinian liberation does not mean opposition to Jewish people or the Jewish religion,” the group said in a statement to the Berkeley law community. Members of the group did not respond to messages seeking an interview.

After learning about the bylaw, Mr. Chemerinsky met with the university’s Hillel rabbi and spoke with several Jewish students, but, aside from concerns within the law school, the reaction was relatively muted, he said.

That changed, he said, after Kenneth L. Marcus, the civil rights chief of the U.S. Education Department during the Trump administration, wrote about the bylaw in September in The Jewish Journal under the explosive headline “Berkeley Develops Jewish Free Zones.”

Mr. Marcus wrote that the bylaw was “frightening and unexpected, like a bang on the door in the night,” and said that free speech does not protect discriminatory conduct.

The article went viral.

Mr. Chemerinsky said he learned about Mr. Marcus’s article, which he described as “inflammatory and distorted,” while he was in Los Angeles for a conference. Mr. Chemerinsky said he typed out a response to the article, which was appended to it, and then didn’t think much of it. That afternoon, he was deluged by emails. At an alumni event that night, the law school’s perceived hostility to Jews was “all anyone wanted to talk about.”

In an interview, Mr. Marcus, a Berkeley law school alumnus, said that he was contacted by law students there who were concerned about the bylaw. He said he spent weeks trying to support them and wrote his article after Berkeley did not “rectify the problem.”

Not allowing Zionist speakers, he said, was a proxy for prohibiting Jews. The provisions, he said, are “aimed at the Jewish community and those who support the Jewish community,” even while acknowledging that the policy could allow Jewish speakers and bar those who are not Jewish.

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