April 7, 2026
Richard Lyons, Chancellor, University of California, Berkeley
Ben Hermalin, Executive Vice Chancellor and Provost, University of California, Berkeley
Board of Regents of the University of California
Cc: Academic Senate, University of California, Berkeley
Dear Madams/Sirs,
On behalf of California Scholars for Academic Freedom,** an organization of over 200 scholars in higher education in California dedicated to the defense of academic freedom, we write to deplore UC Berkeley’s capitulation in the litigation brought by the Brandeis Center. The Regents have handed over the university’s most basic right, that of academic freedom, to an external entity, in a secretly negotiated settlement released on the eve of Spring Break. In doing so, UC Berkeley agrees to promote and enforce anti-democratic and contradictory restrictions on speech and protest with respect to Zionism. We ask you: can a public institution decide that the Constitution will be ignored and indeed violated on its campus? Can an ethnonationalist ideology of a foreign country be institutionalized as the official viewpoint of the University of California, such that disagreement with that ideology is subject to severe punishment? Can a partisan advocacy organization be granted the right to police and control instructional content and speech, both in the classroom and outside of it, for example in university public spaces?
Among its many deleterious consequences, we note that the agreement constitutes an assault on shared governance in faculty oversight of curriculum, and an interference with disciplinary processes. First, it undermines the Academic Senate’s delegated authority to oversee the curriculum, as well as the role of individual departments and college/school curriculum committees in determining the content of their programs, by granting the Chancellor’s Advisory Committee (CAC) on Jewish Life and Campus Climate (an opaquely constituted committee whose membership is not publicly disclosed) the authority to review and recommend on curricula, “educational offerings” and “leadership”. Second, by requiring reporting by OPHD on cases of faculty misconduct not only to said CAC but to the Brandeis Center itself, the agreement seriously weakens the ability of the Academic Senate to protect academic freedom and to ensure faculty due process during investigations of violations of the faculty code of conduct.
Most egregiously of all, the Settlement puts the deeply contested IHRA definition of antisemitism at the core of the university’s disciplinary standards.
The problem with the IHRA definition, and the reason it has been roundly rejected by Berkeley faculty and – until now – the UC Regents, lies in the examples through which it is adumbrated, which are explicitly required by the Settlement to be used in disciplinary cases. Under that definition, the following statements would be considered cases of antisemitism:
- Saying that no state should be defined by religion or relegate people of different faiths to second-class status (because this would “deny the Jewish people their right to self-determination”).
- Saying that the Israeli government’s encouragement of West Bank settler violence amounts to promotion of a corps of ethnic-cleansing Brown Shirts (because “Israeli policy” must not be compared “to that of the Nazis.”)
- Saying that Israel’s Jewish values should mean that it must be held to the highest possible standards of human rights and compassion for the vulnerable (because Israel should not be “required or expected to meet a standard not expected of any other democratic nation.”)
Agree or disagree with these statements, in a sane and just world it should be possible to offer and defend them, as a student or teacher, in research, teaching, and political expression, without fear of being subjected to a disciplinary charge. This is the beating heart not only of academic freedom but of political freedom in the broadest sense. And while the 1st Amendment might ultimately protect faculty should they be ensnared by a legal challenge, this settlement constitutes nothing less than an incitement to ideological harassment through legally dubious complaints, brought by zealots who may be prepared to destroy the university itself rather than tolerate the free exchange of ideas that the 1960s Free Speech Movement bequeathed to the nation and world. Indeed, these enemies of academic freedom appear to be repeating the missteps of a far less glorious past, that of the dark days of Spring 1942, when UC Berkeley expelled its Japanese American students and provided information on them to the US War Department, leading to their internment in concentration camps. The decisions to release the names of 160 students, faculty, and staff to the Trump Administration, and to suspend the accomplished and beloved lecturer Peyrin Kao for classroom and extramural speech, have already demonstrated the Berkeley administration’s obtuseness—or obliviousness—toward the lessons of its own history. Having now set in motion an insidious administrative architecture for engaging in McCarthy-style witch hunts on its own campus, this agreement may go down in history as matching or even exceeding the betrayal of its Japanese-American students during World War II.
By signing on to this document, the University, its Regents, President, legal counsel, and other parties have abandoned fundamental principles that have undergirded American academia for well over a century. Their support for this settlement has sullied their own names as well as the reputation of this beloved institution.
We urge you to rescind your capitulation to the Brandeis Center and its chairman and CEO, Kenneth Marcus, infamous for his decades-long efforts to undermine academic freedom. Please withdraw from this agreement, heed the pleas of the great majority of UC faculty, students, and alumni who fear for the future of the university under this draconian regime of censorship, and restore faith in your leadership.
Sincerely,
Sang Hea Kil, Co-Chair of CS4AF Executive Committee, Professor of Justice Studies (fired for Palestine activism), San José State University
Stephen Roddy, Co-Chair of CS4AF Executive Committee, Professor of Asian Studies, University of San Francisco
Richard Falk, Professor of International Law Emeritus, Princeton University & Research Fellow, Orfalea Center, UC Santa Barbara
Rabab Abdulhadi, Director and Senior Scholar of Arab and Muslim Ethnicities and Diasporas Studies (AMED Studies), San Francisco State University
Nancy Gallagher, Professor of History, Emerita, UC Santa Barbara
Vida Samiian, Professor and Dean Emerita, CSU Fresno
Dennis Kortheuer, Department of History, Emeritus, CSU Long Beach
Lisa Rofel, Professor Emerita and Research Professor, Department of Anthropology, UC Santa Cruz
Rupa Marya, Professor of Medicine, University of California, San Francisco, fired illegally in 2025 for speaking out about Israel’s genocide.
Aline Hitti, Associate Professor of Psychology, University of San Francisco
Carole H. Browner, Professor, Semel Institute for Neuroscience and Human Behavior and Departments of Anthropology and Gender Studies
Suad Joseph, Distinguished Research Professor Emerita, University of California, Davis
Jonathan Graubart, Professor of Political Science, San Diego State University, JD University of California-Berkeley 1989
Brian Dolber, Associate Professor of Communication, California State University, San Marcos
Mark LeVine, Professor of History, UC Irvine
Catherine Liu, Professor, Film and Media Studies, UC Irvine
Howard Winant, Distinguished Professor Emeritus, Department of Sociology, UC Santa Barbara
Christine Hong, Professor of Critical Race and Ethnic Studies and Literature, UC Santa Cruz
Bishnupriya Ghosh, Professor of English and Global Studies, UC Santa Barbara