A

recent court ruling 
on the eve of Yom 
Kippur has left staff 
and members at Ann Arbor’s 
Beth Israel Congregation 
upset and confused.
Since 2003, the 
Conservative Jewish syna-
gogue has been the target 
of weekly pro-Palestinian 
protests. Ann Arbor residents 
gather nearly every Saturday 
morning from 9:30-11:30 
a.m. with upwards of 20 signs 
condemning Israel.
Slogans like “Jewish 
Power Corrupts,” “Stop 
Funding Israel” and “End 
the Palestinian Holocaust” 
are regular appearances outside of the 
congregation. For members who gather 
at the synagogue for religious observance 
and worship, the protests hit on a deeply 
personal level.
With several Holocaust survivors 
rounding out the synagogue’s congrega-
tion, the protests cause emotional distress 
while disrupting Saturday services. For 
Beth Israel’s older members who survived 
World War II, they’re reminiscent of a 
time they thought they left behind.
Yet, despite the concerns, a federal 
court appeals ruled just before the holi-
est day of the year in Judaism that the 
pro-Palestinian protests are protected by 
the U.S. Constitution’s First Amendment. 
After tolerating the protests for many 
years, and with no help from the city of 
Ann Arbor, Beth Israel members finally 
took the protestors to federal court, but 
they were denied help.
“We are disappointed by the recent rul-
ing, but we are not surprised given pre-
vious rulings,” said Rabbi Nadav Caine 
of Beth Israel Congregation. While the 
protests initially aimed to speak up about 
Israeli settlements in the West Bank, 
they’ve gradually turned into antisemitic 

slurs that Rabbi Caine calls “Nazi-esque” 
in nature.
Protesters “quickly find themselves 
blaming Jews for the Holocaust, agreeing 
with Nazism, claiming Jews have secretly 
taken over our country and the world, 
and make claims that Israel is performing 
daily genocidal massacre,” Caine says of 
the uptick in hate speech.
In this month’s ruling, the court 
declined putting a halt to the demonstra-
tions or permitting any restrictions in 
Ann Arbor. While a 1,000-foot buffer and 
limits on signs was proposed, the court 
ruled that this proposed solution would 
likely violate the First Amendment.
The complaint against the protestors 
alleged 13 violations of federal law and 
10 violations of state law in total.
Judge Jeffrey Sutton claimed that 
because the protests were non-vio-
lent in nature, they fell under the First 
Amendment’s umbrella of protection for 
matters of public concern. He also stated 
that because no congregation members 
came forward about being able to hear 
the protests inside the synagogue or were 
blocked from entering the synagogue, the 
protests were also protected.

The American Civil Liberties Union 
echoed the ruling, filing a brief in support 
of the activists. Even “offensive, upsetting 
and distasteful” protests were entitled to 
protection, they voiced. The issue was the 
suppression of freedom of speech, which 
the ACLU applied to their stance.
In accordance with federal law, Beth 
Israel congregants would have until Sept. 
29 to file a request with the Sixth Circuit 
to have the appeal considered again by a 
full court of 16 active circuit judges.
Yet, with some Jews celebrating the 
holiday of Simchat Torah on that date, 
the protests and subsequent court mat-
ters have proven to be an emotional and 
distressing challenge for Ann Arbor’s 
Jewish community, particularly members 
and staff of Beth Israel Congregation.
“What everyone should take note of 
here is not that the First Amendment 
protects hate speech — we knew that 
already — but that our country and its 
campuses are no longer places of politi-
cal criticism of Israel,” Rabbi Caine says. 
“They are harboring antisemitism in its 
guise.” 

See a related opinion piece on page 6.

ASHLEY ZLATOPOLSKY 
CONTRIBUTING WRITER

24 | SEPTEMBER 30 • 2021 

Rabbi Nadav 
Caine of 
Beth Israel 
Congregation

ALEX SHERMAN

recent court ruling 
on the eve of Yom 
Kippur has left staff 

and members at Ann Arbor’s 

Conservative Jewish syna-

Pro-Palestinian protests 
Pro-Palestinian protests 
outside Ann Arbor 
outside Ann Arbor 
synagogue are protected.
synagogue are protected.

Court
 Ruling

OUR COMMUNITY

