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