Free Speech Ruling Rejects Argument that Anti-Zionism Constitutes Anti-Semitism
- Background
- Legal Information
Background
In an important victory for free speech, a federal court has dismissed with prejudice all civil rights conspiracy claims brought against The People’s Forum and other individual defendants arising from the April 2024 occupation of Hamilton Hall — Hind’s Hall — at Columbia University. The ruling is a vindication of the right of The People’s Forum (TPF) and others to engage in political speech condemning U.S.-backed Israeli war crimes and genocide, and to call for support of encamped student activists demanding divestment. The Partnership for Civil Justice Fund (PCJF) represented The People’s Forum in the litigation.
In a ruling issued June 1, 2026, Judge Colleen McMahon of the U.S. District Court for the Southern District of New York dismissed all federal claims under 42 U.S.C. §1985(3) and §1986. The now dismissed lawsuit was brought by the Louis D. Brandeis Center for Human Rights Under Law and Torridon Law on behalf of two Columbia University employees. The Brandeis Center argued that it constituted anti-Semitic hatred for the TPF to engage in free speech to support encamped students, call for divestment from Israel, and condemn Israeli violence. The PCJF argued that the Brandeis Center was conflating anti-Zionism, a protected political viewpoint, with anti-Judaism in an effort to repress and suppress those who oppose Zionism or who condemn Israeli crimes and genocide.
The Court squarely rejected the plaintiffs’ arguments, ruling that they failed to state a claim on every theory advanced against TPF.
Critically, the Court rejected the plaintiffs’ central contention that opposition to Zionism or to Israeli government policy constitutes evidence of anti-Semitic animus. Adopting precedent from the First Circuit Court of Appeals, Judge McMahon held that “the choice to criticize Israel’s actions in Gaza does not necessarily manifest antisemitism,” and noted that opinions on Israel’s policies differ “even among Jews and Israelis.” The Court aptly noted, even “the Jewish community itself is divided over whether anti-Zionism is inherently antisemitic.”
“The conflation of anti-Zionism with anti-Semitism is a political tactic to shut down and penalize those who, like The Peoples Forum, stand in solidarity with the people of Gaza and Palestine. This ruling makes clear: The TPF is well within its protected rights to stand up for human rights and civil rights and to oppose genocide. This is a ringing victory for freedom of speech,” said PCJF Legal Director Carl Messineo and counsel to TPF.
“The Court’s rejection of this act of ideological lawfare intended to silence pro-Palestine viewpoints is a decisive victory for the freedom of speech. As the Court recognized, criticism of Israel and its war on Gaza is political speech entitled to First Amendment protection. There is no Palestine exception to the First Amendment.” said PCJF Staff Attorney Sarah Taitz and counsel on the litigation.
“This lawsuit is part of an organized ideological attack on the movement for justice for the Palestinian people including opposition to U.S.-backed genocide. We have seen a steady stream of these types of politically driven and meritless lawsuits across the country,” stated Mara Verheyden-Hilliard, Executive Director of the PCJF and counsel on the litigation. “We are very glad to see that this assault on free speech through the abuse of the court system was ultimately dismissed. We will continue to litigate in defense of the First Amendment and against this politically motivated onslaught.”
The People’s Forum stated: “We welcome the court’s decision, which affirms a core First Amendment principle: organizations cannot be penalized for engaging in protected free speech activity. Lawsuits like this one are intended to silence organizations like ours by draining the resources of those who speak out, and we hope this ruling discourages others from using the legal system to suppress the movement in solidarity with Palestine. Anti-Zionism is not antisemitism, and no lawsuit can change that. The People’s Forum is grateful to our legal team and to everyone who stands on the right side of history.”
All claims against The Peoples Forum were dismissed with prejudice, with the Court denying leave to amend as “futile.”
Legal Information
Case Name: Torres at al. v. Carlson et al., Case No. 1:25-cv-03474-CM
Court: U.S. District Court for the Southern District of New York
Decision & Order Granting Defendants’ Motion to Dismiss
Memorandum of Law in Support of Defendant’s Motion to Dismiss