Louis D. Brandeis Center for Human Rights Under Law
The Louis D. Brandeis Center for Human Rights Under Law '' is a 501 nonprofit organization founded by Kenneth L. Marcus in 2012 with the stated purpose of advancing the civil and human rights of the Jewish people and promoting justice for all peoples. LDB is active on American campuses, where it says it combats antisemitism and anti-Zionism.
LDB was named after Louis D. Brandeis, a Jewish American lawyer and associate justice on the Supreme Court of the United States active in the Zionist movement. LDB has no relation to Brandeis University or to Louis D. Brandeis himself.
Leadership and organization
LDB was founded in early 2012 by Kenneth L. Marcus, a former Staff Director of the U.S. Commission on Civil Rights who served as the Assistant Secretary of Education for Civil Rights from June 2018 to July 2020 under the Trump administration.Center for Legal Innovation (CLI)
The Center for Legal Innovation is a public interest legal organization established by the Louis D. Brandeis Center for Human Rights Under Law to address legal claims related to antisemitism. The center provides legal representation for individuals facing discrimination in various sectors, including employment, housing, healthcare, academia, and corporate settings.LDB Law student chapters
In 2013, LDB established law student chapters at several law schools in the US. The purpose of these chapters is to foster "a new generation of leaders who share LDB's mission" which includes combating antisemitism and anti-Israelism and the Boycotts, Divestment, and Sanctions movement in particular.Antisemitism
LDB definition of antisemitism follows that of the European Monitoring Centre Working Definition of Antisemitism: "Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities."LDB considers adopting a definition of antisemitism to be crucial for universities and government to make clear the boundaries between hateful actions and legitimate behavior. The US State Department provides a definition of antisemitism, but it only is applied for international monitoring. LDB is working with universities and domestic government bodies to adopt a definition of antisemitism. In March 2016, the University of California Board of Regents adopted a Statement of Principles Against Intolerance, which included a contextual statement declaring that, "antisemitism and antisemitic forms of anti-Zionism are forms of discrimination and will not be tolerated at the University of California." LDB had previously issued a letter to the Board of Regents, highlighting incidents at UCLA, Santa Barbara, Davis, Berkeley, and Irvine.
Anti-Israelism
The Boycott, Sanctions, Divestment movement against Israel has gained significant momentum in recent years, particularly on college campuses. A report by the Anti-Defamation League alleged that "the strategies used in many BDS campaigns anti-Semitic". It is in the Brandeis Center's view that the BDS campaign is antisemitic because some of its proponents act out of conscious hostility to the Jewish people; others act from unconscious or tacit disdain for Jews; and still others operate out of a climate of opinion that contains elements that are hostile to Jews and serve as the conduits through whom anti-Jewish tropes and memes are communicated; while all of them work to sustain a movement that attacks the commitment to Israel that is central to the identity of the overwhelming majority of Jewish people. With the rise of the BDS movement, the Brandeis Center has increasingly sought to deal with the antisemitism associated with the movement.LDB has been involved in numerous lawsuits involving the Israeli–Palestinian conflict and campus life. Its critics claim that the organization engages in lawfare on Israel's behalf—lawsuits and threats of lawsuits intended to silence criticism of Israel.
Legal action
Higher Education
UC Berkeley School of Law lawsuit (2023-2025)
LDB filed a lawsuit against the UC Berkeley School of Law in 2023 over organizations, including but not limited to the Berkeley Journal of Gender, Law & Justice, Queer Caucus, and Women of Berkeley Law, adopting anti-Zionist bylaws. LDB claimed that the anti-Zionist bylaws were antisemitic. A motion to dismiss the case is currently pending before the Northern District of California.On March 28, 2025, a hearing was held regarding the motion to dismiss the lawsuit. Subsequently, on April 1, 2025, U.S. District Judge James Donato ruled that the lawsuit could proceed. The judge allowed claims alleging violations of equal protection, free exercise of religion, and civil rights to move forward against university officials, including University of California President Michael Drake and former UC Berkeley Chancellor Carol Christ. The court found that the plaintiffs plausibly alleged that Jewish students and faculty were treated differently and that the university was deliberately indifferent to on-campus harassment and a hostile environment.
The lawsuit, filed by the Brandeis Center and Jewish Americans for Fairness in Education, centers on policies adopted by at least 23 student groups at Berkeley Law. These policies exclude speakers who identify as Zionists, which the plaintiffs argue effectively bars many Jewish students from full participation in campus life.
University officials have defended the student groups' rights under the First Amendment, stating that while the policies may be offensive to some, they constitute protected speech. Berkeley Law Dean Erwin Chemerinsky emphasized that the university cannot compel student groups to invite speakers with opposing viewpoints.
Harvard lawsuit (2024)
On May 22, 2024, the Brandeis Center sued Harvard for inadequately addressing what they alleged was anti-Semitic harassment and discrimination on campus. The lawsuit declares that Harvard “ignores and tolerates” anti-Semitic conduct, which runs contrary to “its aggressive enforcement of the same anti-bullying and anti-discrimination policies to protect other minorities.” LDB asserts that some Harvard students and faculty have called for violence against Jews and celebrated Hamas’ October 7 attacks.In November 2024, Harvard University filed a motion to dismiss the lawsuit. US District Judge Richard Stearns rejected Harvard’s motion to dismiss the case, affirming the claim that the university was “deliberately indifferent” to a hostile environment for Jewish students. This decision cleared the way for the case to proceed to the discovery phase, where further evidence will be gathered to prove the allegations.
In January 2025, the lawsuit concluded with a settlement between Harvard University and the Brandeis Center. As part of the agreement, Harvard adopted the IHRA working definition of antisemitism in its policies and pledged to enhance its procedures for handling discrimination complaints. The settlement also included mandatory training on antisemitism for faculty and staff and the creation of a new office focused on religious discrimination. The New York Times reported that the settlement was prompted by increasing pressure on Harvard to address systemic issues of anti-Semitism.