FBI Releases 2022 Hate Crime Statistics

The FBI yesterday released 2022 Crime Statistics, including data on hate crimes (Methodology)  (Data on Incidents). According to the FBI:

In 2022, law enforcement agency participation significantly increased ... with a population coverage of 91.7% submitting incident reports.... There were over 11,000 single-bias hate crime incidents.... [T]he top three bias categories ... were race/ethnicity/ancestry, religion, and sexual-orientation.

The FBI reported 2,042 incidents of religiously-motivated hate crimes. 1,122 of these were anti-Jewish. The next most numerous were 181 anti-Sikh incidents; 158 anti-Muslim and 107 anti-Catholic. President Biden issued a Statement (full text) on the Hate Crime Statistics, saying in part:

The data is a reminder that hate never goes away, it only hides. Any hate crime is a stain on the soul of America.

To those Americans worried about violence at home, as a result of the evil acts of terror perpetrated by Hamas in Israel, we see you. We hear you. And I have asked members of my team ... to prioritize the prevention and disruption of any emerging threats that could harm Jewish, Muslim, Arab American, or any other communities during this time. My Administration will continue to fight Antisemitism and Islamophobia.

Indiana Man Indicted for Sending Death Threats to ADL Staff

The Department of Justice announced last week that a federal grand jury has indicted an Indiana man for making telephone death threats to offices of the Anti-Defamation League in New York, Houston, Denver and Las Vegas. The Indictment (full text) in United States v. Boryga, (SD IN, Oct. 3, 2023), charges defendant with four counts of transmitting in interstate commerce a threat to injure. It charges that defendant chose the threat targets because of the actual and perceived religion of ADL employees and members. According to DOJ:

If convicted on all counts, Boryga faces a maximum penalty of 20 years in prison, three years of supervised release and a fine of up to $250,000.

8 Federal Agencies Clarify When Title VI Bars Discrimination Related to Religion

The White House announced yesterday that eight federal agencies have "clarified—for the first time in writing—that Title VI of the Civil Rights Act of 1964 prohibits certain forms of antisemitic, Islamophobic, and related forms of discrimination in federally funded programs and activities."  The agency actions are seen as part of President Biden’s National Strategy to Counter Antisemitism.  Title VI of the 1964 Civil Rights Act covers discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. It does not explicitly bar religious discrimination.  The agency Fact Sheets publicized by the White House each focuses on the kind of discrimination against persons of a particular religion that could come within the scope of Title VI. Here are the agencies' interpretations:

Department of Agriculture Fact Sheet; Department of Health and Human Services Fact Sheet; Department of Homeland Security Fact Sheet; Department of Housing and Urban Development Fact Sheet and Memorandum; Department of Interior Fact Sheet; Department of Labor Fact Sheet; Department of Treasury Fact Sheet; Department of Transportation Fact Sheet.

Suit Challenges Adoption of Ethnic Studies Courses That Contain Anti-Jewish Materials

Suit was filed last week in a California state trial court by several Jewish groups who contend that the ethnic studies curriculum adopted by the Santa Ana Unified School District Board of Education includes antisemitic and anti-Israel content.  The complaint (full text) in Louis D. Brandeis Center for Human Rights Under Law v. Santa Ana Unified School District Board of Education, (CA Super. Ct., filed 9/8/2023), alleges violations of California's open meeting law ("Brown Act") that prevented adequate participation in school board meetings by members of the Jewish community.  The complaint alleges both inadequate notice of meetings and harassment during the meetings.  The complaint alleges in part:

Comments made by members of the public during the May 23, 2023 meeting included classic antisemitic tropes as well as threatening and violent language against Jews and Israelis. Furthermore, audience members hissed as the names of Jewish attendees were called, applause broke out in response to antisemitic slurs, and during a presentation by two Jewish high school students, Board meeting attendees shouted, “you’re racists” and “you’re killers.” A Jewish student reported being followed to her car and harassed by a meeting attendee, and that SAUSD’s security was unable to provide sufficient protection or support.

ADL issued a press release announcing the filing of the lawsuit.

Jewish Faculty at NY College Can Move Ahead with Hostile Work Environment Lawsuit

In Lax v. City University of New York, (NY Kings Cty. Sup. Ct., Aug. 24, 2023), a New York state trial court allowed five Orthodox Jewish faculty members at Kingsborough Community College to move ahead with their religious hostile work environment and retaliation claims against the school, the faculty union and others (except for certain claims that duplicated ones being pursued administratively). According to the court:

Plaintiffs allege that they and other observant Jewish faculty and staff members at Kingsborough have faced pervasive, anti-religious discrimination from a particular segment of fellow faculty members who are the leaders of a faculty group called the Progressive Faculty Caucus of Kings borough Community College (PFC).... The New Caucus closely coordinated with the PFC.... Plaintiffs claim that the New Caucus members collaborated with the PFC members to dominate campus elections and call for the removal of observant Jewish faculty members, administrators, department chairs, and others at Kings borough. Plaintiffs allege that each of the defendants actually participated in, and aided and abetted, the conduct giving rise to their discrimination and retaliation claims.

Plaintiffs assert, among numerous alleged acts of discriminatory conduct, that ... the PFC and the New Caucus members lobbied against ... observant Jewish candidates running in campus elections; that the PFC members called for the removal of observant Jewish faculty members...; that the PFC organized an anti-discrimination event for a Friday night ... with the purpose of excluding Sabbath-observant Jewish members...; that the Union leaders applied pressure to Kingsborough's chief diversity officer ... to suppress the investigation of the Friday Night Event....

... CUNY claims that it is not responsible for the alleged discrimination against plaintiffs by a faculty group, i.e., the PFC, or the political party composed of certain members of the faculty, i.e., the New Caucus. CUNY maintains that plaintiffs lump all of their disparate allegations together in an attempt to hold it responsible for the alleged actions of the other defendants. 

An employer, such as CUNY, however, can be held liable for an employee's discriminatory act where "the employer became a party to it by encouraging, condoning, or approving it"....

Legal Insurrection reports on the lawsuit.

FBI Charges Michigan Man with Plotting Mass Casualty Attack at Synagogue

Last week, the FBI filed a Criminal Complaint charging a 19-year-old Michigan man with taking steps to plan a mass casualty suicide attack on a synagogue in Lansing, Michigan. The Criminal Complaint (full text) in United States v. Seann Patrick Pietila, (WD MI, filed 6/16/2023) sets out extensive Instagram postings and alleges in part:

[Pietla] communicated Neo-Nazi style ideology, antisemitism, suicidal ideologies, glorification of past mass shooters (that advocate similar ideology), and a desire and his intent to mimic past mass shooters/mass casualty incidents.

... [He] specifically references admiration for Brenton Tarrant.... Tarrant committed acts of mass murder in New Zealand. On March 15, 2019, Tarrant committed two consecutive mass shootings on Mosques located in New Zealand. Tarrant killed 51 people and injured 40 more. Tarrant live-streamed his attack via Facebook Live.

The Criminal Complaint alleges violation of 18 U.S.C. § 875(c) which bans sending in interstate commerce any communication containing a threat to injure another person, reports:

During the execution of the search warrant, investigators located the following items of evidence: .40 caliber pistol ammunition, .22 caliber ammunition, 12 gauge shotgun ammunition, a 12-gauge shotgun, a .22 caliber rifle, a Sig Sauer .40 caliber pistol (serial # 24B049058), .223 rifle magazines, an Apple iPhone 11, various knives and bladed instruments, scopes and firearms accessories, a camouflage tactical vest, a black tactical vest, black skull masks, a red and white Nazi flag, a ghillie suit, gas masks, and military sniper/survival manuals.

 Law & Crime reports on the charges.

White House Releases National Strategy to Counter Antisemitism

The White House today released The U.S. National Strategy to Counter Antisemitism (full text). The 60-page document sets out a strategy with four pillars:

• Pillar 1: Increase Awareness and Understanding of Antisemitism, Including its Threat to America, and Broaden Appreciation of Jewish American Heritage.
• Pillar 2: Improve Safety and Security for Jewish Communities.
• Pillar 3: Reverse the Normalization of Antisemitism and Counter Antisemitic Discrimination.
• Pillar 4: Build Cross-Community Solidarity and Collective Action to Counter Hate.

It lists over 100 actions the Administration plans to take.  Introducing the details of plans to increase awareness and understanding of antisemitism, the document says in part:

Antisemitism is a stereotypical and negative perception of Jews, which may be expressed as hatred of Jews. It is prejudice, bias, hostility, discrimination, or violence against Jews for being Jews or Jewish institutions or property for being Jewish or perceived as Jewish. Antisemitism can manifest as a form of racial, religious, national origin, and/or ethnic discrimination, bias, or hatred; or, a combination thereof. However, antisemitism is not simply a form of prejudice or hate. It is also a pernicious conspiracy theory that often features myths about Jewish power and control.

There are several definitions of antisemitism, which serve as valuable tools to raise awareness and increase understanding of antisemitism. The most prominent is the non-legally binding “working definition” of antisemitism adopted in 2016 by the 31-member states of the International Holocaust Remembrance Alliance (IHRA), which the United States has embraced. In addition, the Administration welcomes and appreciates the Nexus Document and notes other such efforts.

The White House also released a Fact Sheet summarizing the National Strategy. Jewish Insider reports on the National Strategy.

White House Advisor: Strategy to Counter Domestic Terrorism and Antisemitism Will Be Completed This Month

On Tuesday, the White House posted the Remarks by Homeland Security Advisor Dr. Liz Sherwood-Randall to the Anti-Defamation League (full text) delivered at the ADL's National Leadership Summit. Dr. Sherwood-Randall said in part:

Ethnic and religious hatred is being normalized in our melting pot. Antisemitism is being normalized – its more mainstream, it’s out in the open. And, most disturbingly, violence against Jews is being normalized....

So it was with urgency that President Biden charged us with crafting this country’s first-ever National Strategy for Countering Domestic Terrorism.  We started this work on literally the first day of the Administration. Then, as part of that larger effort, we embarked on the first National Strategy to Counter Antisemitism specifically....

Dr. Sherwood-Randall said that they expect to complete their work on a national strategy by the end of May.

Biden Declares May As Jewish American Heritage Month

Yesterday President Biden issued a Proclamation (full text) declaring May to be Jewish American Heritage Month. The Proclamation reads in part:

 Jewish Americans continue to enrich every part of American life as educators and entrepreneurs, athletes and artists, scientists and entertainers, public officials and activists, labor and community leaders, diplomats and military service members, public health heroes, and more.... 

All Americans — including business and community leaders, educators, students, athletes, entertainers, and influencers — must help confront bigotry in all its forms.  We must each do our part to put an end to antisemitism and hatred and create a culture of respect in our workplaces, schools, and homes and across social media.

This Jewish American Heritage Month, let us join hands across faiths, races, and backgrounds to make clear that evil, hate, and antisemitism will not prevail.  Let us honor the timeless values, contributions, and culture of Jewish Americans, who carry our Nation forward each and every day.  And let us rededicate ourselves to the sacred work of creating a more inclusive tomorrow, protecting the diversity that defines who we are as a Nation, and preserving the dignity of every human being — here at home and around the world.

Report on Worldwide Antisemitism Released

Yesterday, the Center for the Study of European Jewry at Tel Aviv university, along with the ADL, published the 86-page Antisemitism Worldwide Report for 2022 (full text). The Report says in part:

The Antisemitism Worldwide Report for 2022 informs of both increases and decreases, some more meaningful than others, in the number of antisemitic incidents in different countries. The United States, where the largest Jewish minority in the world lives, saw a particularly alarming rise in anti-Jewish violence and slander.

These data are not encouraging. The record-levels of 2021 were attributed in part to the exceptional social tensions created by the Covid-19 epidemic and the political tensions created by the Guardian of the Walls operation in Gaza. The data for 2022 suggest that the motivations for present-day antisemitism are not transient as some may have hoped. Despite the investment of substantial legal, educational, and political efforts, thousands of antisemitic incidents took place across the globe in 2022, including hundreds of physical assaults. Everyone who cares about human dignity and justice must recognize the need to prevent this reality from becoming normalized....

The current state of antisemitism is serious, but must not be inflated or self-servingly politicized. Antisemitic incidents should be reported and analyzed based on rigorous and careful methodologies and definitions and aspire for accuracy rather than sensationalism. Throughout 2022, a spate of studies that seemed oriented towards nothing more than newspaper headlines were published, presenting hysterical data, some grotesquely so. Such efforts do little more than feed cynicism, inaction, and allegations that the fight against antisemitism is an act of “crying wolf.” 

Several of the case studies presented in this Report point to one of the most disturbing attributes of antisemitism: Jews do not have to be a part of a society for them to be defamed there. Last year, the Houthis of Yemen, where almost no Jews live, were one of the loudest antisemitic propagandists in the Arab world ..., while in Japan, two minor political parties that advance vicious anti-Jewish conspiracy theories made it to parliament for the first time.... 

Biden Marks Passover by Announcing Upcoming Release of National Strategy to Combat Antisemitism

Passover begins this evening. To mark the holiday, President Biden published an Op Ed (full text) on CNN (also posted on the White House website) titled "To fight antisemitism, we must remember, speak out and act". In it he announced that the federal government will be releasing the first-ever national strategy to counter antisemitism.  In the op-ed, after recounting a number of instances of antisemitism, the President went on to say in part:

These acts are unconscionable and despicable. They carry in them terrifying echoes of the worst chapters in human history. And they’re not only a strike against Jews, they’re also a threat to other minority communities and a stain on the soul of our nation.

To the Jewish community, I want you to know that I see your fear, your hurt and your concern that this venom is being normalized.... 

Rest assured that I am committed to the safety of the Jewish people. I stand with you. America stands with you. Under my presidency, we continue to condemn antisemitism at every turn. Failure to call out hate is complicity. Silence is complicity. And we will not be silent....

But government alone cannot root out antisemitism and hate. All Americans, including businesses and community leaders, educators, students, athletes, entertainers and influencers must help confront bigotry in all its forms. We must each do our part to create a culture of respect in our workplaces, in our schools, on our social media and in our homes.

ADL Report: Antisemitic Incidents In U.S. In 2022 Reach New High

Yesterday the Anti-Defamation League issued its 2022 annual Audit of Antisemmitic Incidents. The Executive Summary rads in part:

In 2022, ADL tabulated 3,697 antisemitic incidents throughout the United States. This is a 36% increase from the 2,717 incidents tabulated in 2021 and the highest number on record since ADL began tracking antisemitic incidents in 1979. This is the third time in the past five years that the year-end total has been the highest number ever recorded.

Incidents increased in each of the major Audit categories: antisemitic harassment increased 29% to 2,298; antisemitic vandalism increased 51% to 1,288 and antisemitic assaults increased 26% to 111. The vast majority of antisemitic assaults (107 out of 111) were perpetrated without the use of a deadly weapon. There was one fatality. Notably, visibly Orthodox Jews were targeted in 53% of the assault incidents nationally. This year, no assaults perpetrated against the Jewish community resulted in mass causalities.

New Report on Antisemitism In U.S.

The ADL yesterday issued its annual report on Antisemitic Attitudes in America (full text).  According to the Executive Summary:

Over three-quarters of Americans (85 percent) believe at least one anti-Jewish trope, as opposed to 61 percent found in 2019. Twenty percent of Americans believe six or more tropes, which is significantly more than the 11 percent that ADL found in 2019 and is the highest level measured in decades....

Many Americans believe in Israel-oriented antisemitic positions – from 40 percent who at least slightly believe that Israel treats Palestinians like Nazis treated the Jews, to 18 percent who are uncomfortable spending time with a person who supports Israel.

New Ohio Law Focuses on Zoom-Bombing and Other Disruptions of Religious Services

As reported by JTA, the Ohio legislature in its final session earlier this month gave final passage to H.B. 504 (full text) amending the ban on disturbing a lawful meeting to increase penalties and to focus specifically on disturbing religious services.  The Act now provides in part:

Disturbing a lawful meeting is a misdemeanor of the first degree if either of the following applies:

(1) The violation is committed with the intent to disturb or disquiet any assemblage of people met for religious worship at a tax-exempt place of worship, regardless of whether the conduct is within the place at which the assemblage is held or is on the property on which that place is located and disturbs the order and solemnity of the assemblage.

(2) The violation is committed with the intent to prevent, disrupt, or interfere with a virtual meeting or gathering of people for religious worship, through use of a computer, computer system, telecommunications device, or other electronic device or system, or in any other manner.

Clause (2) of this section is particularly aimed at the practice of Zoom-bombing religious services that are being held online. Zoom-bombing has especially been used during the COVID pandemic to create antisemitic disruptions of online synagogue services.  In Ohio, a first-degree misdemeanor is punishable by up to 6 months in jail and a fine of up to $1000.

President Speaks at White House Hanukkah Reception

On Monday, President Biden and First Lady Jill Biden hosted a Hanukkah Holiday Reception at the White House. The White House released a transcript of remarks at the reception by the Bidens and by Rabbi Charlie Cytron-Walker who last January was held as a hostage by a gunman in his Temple in Colleyville, Texas. President Biden said in part:

Tonight, we’re honored to mark another new tradition we’re establishing tonight. And that is the lighting of what will be the first-ever permanent White House menorah. (Applause.) It will also be the first Jewish artifact in the entire White House collection. (Applause.)...

This year’s Hanukkah ... arrives in the midst of rising emboldenment of antisemitism at home and, quite frankly, around the world.

I recognize your fear, your hurt, your worry that this vile and venom is becoming too normal.

As your President, I want to make this clear — as my dad would say, and many of you have said: Silence is complicity. We must not remain silent. (Applause.)

And I made no bones about it from the very beginning: I will not be silent. America will not be silent. (Applause.) I mean it....

Like this White House menorah, our commitment to the safety of the Jewish people and to the vibrancy of Jewish life that’s tightly woven into every fabric of America, it’s permanent. Permanent.

The menorah was made from historic wood beams rescued during a White House renovation by President Truman.

White House Creates Inter-Agency Group to Counter Anitsemitism

White House Press Secretary Karine Jean-Pierre yesterday announced the formation of an inter-agency anti-bias task force whose first priority is developing a national strategy to combat antisemitism.  Her Statement (full text) said in part:

The President is establishing an inter-agency group led by Domestic Policy Council staff and National Security Council staff to increase and better coordinate U.S. Government efforts to counter antisemitism, Islamophobia, and related forms of bias and discrimination within the United States. The President has tasked the inter-agency group, as its first order of business, to develop a national strategy to counter antisemitism. This strategy will raise understanding about antisemitism and the threat it poses to the Jewish community and all Americans, address antisemitic harassment and abuse both online and offline, seek to prevent antisemitic attacks and incidents, and encourage whole-of-society efforts to counter antisemitism and build a more inclusive nation.

The Hill reports on this development.

Jewish School Lacks Standing In Suit Claiming Religious Discrimination

In Ateres Bais Yaakov Academy of Rockland v. Town of Clarkston, (SD NY, July 12, 2022), a New York federal district court dismissed for lack of standing a suit under RLUIPA and federal civil rights laws brought by an Orthodox Jewish school ("ABY") against a New York town and a citizens group.  The suit alleged that the defendants, motivated by discrimination against Orthodox Jews, prevented the school from closing the purchase of a building owned by Grace Baptist Church. The court said in part:

... ABY fails to sufficiently establish that its claims based on the denial of the building permit application are ripe such that it suffered an “actual, concrete injury” because the ZBA never issued a final decision on ABY’s appeal and variance application. In other words, the ZBA’s nonfinal decision here does not “give rise to an injury that is sufficiently concrete and particularized to satisfy Article III.”...

... ABY fails to sufficiently allege how the Town Defendants’ conduct “constrained or influenced” GBC’s decision to stop agreeing to amend the contract and to terminate it on May 16, 2019.... Accordingly, the Court concludes that ABY has failed to sufficiently establish standing for its second alleged injury in fact with respect to the Town Defendants’ conduct. Consequently, the Court dismisses all of ABY’s claims against the Town Defendants and its § 1985 conspiracy claim against all Defendants....

10th Circuit: School Cannot Expel Student For Antisemitic Snapchat Post

In Cl.G. v. Siegfried, (10th Cir., July 6, 2022), the U.S. 10th Circuit Court of Appeals reversed a district court's dismissal of a high school student's claim that his 1st Amendment rights were violated when he was expelled for an antisemitic Snapchat post. His captioned a picture of his friends in wigs and hats to read "Me and the boys bout [sic] to exterminate the Jews." He removed the post after two hours and posted an apology, saying it was meant to be a joke.  Relying in large part on the U.S. Supreme Court's 2021 decision in Mahanoy Area Sch. Dist. v. B.L., the court said in part:

Because CCHS cannot stand in loco parentis and the Complaint alleges no reasonable forecast of substantial disruption or actual disruption, Plaintiff has properly alleged that Defendants’ discipline of C.G. for his off-campus speech is a First Amendment violation that cannot be dismissed at this stage.

Reuters reports on the decision.

German Federal Court Refuses To Order Removal Of Medieval Antisemitic Sculpture

As reported by AP, Germany's Federal Court of Justice yesterday refused to order a Wittenberg church where Martin Luther once preached to remove a 730-year old antisemitic sandstone relief carved on the outside of the church. The sculpture is known as the "Judensau" or "Jew pig".  A display explaining the history of antisemitism in Germany was added in 1988. While the full opinion is not yet online, the Court issued a press release summarizing the Court's decision. The press release describes the sculpture:

It shows a sow whose teats are being suckled by two people who are identified as Jews by their pointy hats. A person, who can also be identified as a Jew by his hat, lifts the sow's tail and looks into her anus. In 1570, the inscription "Rabini Shem Ha Mphoras" was placed over the sow, based on two anti-Judaist writings published by Martin Luther in 1543.

The press release also summarizes the Court's holding that while the sculpture was originally "massively defamatory," a bronze base and and a nearby display added in 1988 remedied the situation:

From the authoritative point of view of an unbiased and reasonable observer, it has ... converted [the sculpture] into a memorial for the purpose of commemoration and remembrance of the centuries-long discrimination and persecution of Jews up to the Shoah and distanced itself from the defamatory and anti-Jewish statement - as expressed in the relief when viewed in isolation.

Suit Challenges California Group's Ethnic Studies Curriculum As Antisemitic

Last month, suit was filed in a California federal district court seeking to enjoin the Los Angeles public schools from using an ethnic studies curriculum which plaintiffs contend is antisemitic. The complaint (full text) in Concerned Jewish Parents and Teachers of Los Angeles v. Liberated Ethnic Studies Model Curriculum Consortium, (WD CA, filed 5/12/2022), alleges that defendants oppose the broad Ethnic Studies Curriculum approved by the state of California, and instead are attempting to convince schools to teach a curriculum that focuses only on Black Americans, Chicano/Latinos, Native Americans, and Asian American/Pacific Islanders. The complaint alleges in part:

This case is brought to compel public disclosure of, and to enjoin, Defendants’ efforts to insert into the Los Angeles public school curriculum, overtly racist as well as antisemitic teaching material which, as its authors intend, discriminates against a segment of California residents on the basis of their religious beliefs and their national origin—namely American and Middle Eastern-Americans Jews who embrace their religion’s foundational belief in Zionism....

The 55-page complaint alleges that use of the Liberated Ethnic Studies Model Curriculum violates plaintiffs' rights under the 1st and 14th Amendments, Title VI of the Civil Rights Act of 1964 and the California Education Code. Among other relief, it seeks an injunction barring the Los Angeles Unified School district from:

including any language, in any teaching materials, asserting that Zionism is not a Jewish belief; denouncing the Jewish belief in the land of Israel as the land promised by God to the Jewish people, or the Jewish belief in Zionism, or asserting that the State of Israel, as the Nation-State of the Jewish people, is illegitimate, or asserting as a fact that the Jewish State is guilty of committing such horrific crimes against others as ethnic cleansing, land theft, apartheid or genocide, or that the Jewish people are not indigenous to the land of Israel or to the Middle East, or denying the State of Israel the right to self-defense; and/or denying the historical or religious connection between the Jewish people and the land of Israel....

The Deborah Project's website has more on the lawsuit.