# Peter Beinart with Dylan Saba & Ethan Katz on the Controversy About Zionist Speakers at Berkeley Law

Source: https://www.youtube.com/watch?v=RuDmyoO7-Zk
Recap page: https://rapidrecap.app/video/RuDmyoO7-Zk

---
## Quick Overview

The controversy at Berkeley Law centers on student groups adopting a bylaw to exclude Zionist speakers, which supporters like Dylan Saba view as a necessary act of political expression and solidarity for Palestinian liberation, while critics like Ethan Katz argue it is an extreme, discriminatory position that excludes Jewish students and hinders productive dialogue on campus.

**Key Points:**
- Student groups at Berkeley Law, led by Law Students for Justice in Palestine, adopted a bylaw stating they "will not invite speakers that have expressed and continue to hold views in support of Zionism the apartheid state of Israel and the occupation of Palestine."
- Dylan Saba supports the bylaw as an "active political expression" and a non-violent resistance strategy to advance Palestinian demands, including ending occupation, ensuring equal rights, and recognizing the right of return.
- Saba argues that the bylaw aims to challenge the "passive definition of Zionism" and that making Zionists uncomfortable is a necessary outcome of advocating for Palestinian liberation, prioritizing structural change over campus comfort.
- Ethan Katz contends the bylaw's language is "extreme" and mischaracterizes Zionism, which for millions of Jews is a National Liberation movement for collective rights and security.
- Katz states the bylaw has a discriminatory impact, making a "very high percentage of the Jewish students at the law school" feel excluded from clubs they previously joined, despite some attempting to offer alternative bylaws supporting Palestinian rights.
- The debate highlights a fundamental disagreement on strategy: Saba believes direct political action and challenging Zionist identity are crucial for change, while Katz advocates for mutual recognition and open dialogue to foster productive conversations on campus.
- Katz notes that even the Jerusalem Declaration on Antisemitism, often supported by BDS advocates, suggests these bylaws are "a half a short step away from Crossing one of their lines for anti-Semitism."

**Context:** The controversy at Berkeley Law emerged when Law Students for Justice in Palestine (LSJP) initiated a campaign for allied student groups to adopt a bylaw related to the Boycott, Divestment, and Sanctions (BDS) movement. This bylaw stipulated that these groups would not invite speakers who oppose the BDS call or support Zionism, the apartheid state of Israel, and the occupation of Palestine. The discussion features Dylan Saba, a staff attorney at Palestine Legal and Berkeley Law graduate who advised the student groups, and Ethan Katz, an associate professor at Berkeley and co-founder of the Anti-Semitism Education Initiative, debating the implications and validity of this bylaw.

## Detailed Analysis

The discussion addresses the controversy at Berkeley Law where student groups, led by Law Students for Justice in Palestine, adopted a bylaw stating they would not invite speakers who oppose the Boycott, Divestment, and Sanctions (BDS) movement or support Zionism, the apartheid state of Israel, and the occupation of Palestine. Dylan Saba, supporting the bylaw, explains BDS as a non-violent resistance strategy aiming to end the occupation, dismantle the apartheid wall, ensure equal rights, and recognize the right of return for Palestinian refugees. He views the bylaw as an active political expression to challenge the status quo and a Palestinian definition of Zionism, prioritizing structural change over campus comfort. Ethan Katz, opposing the bylaw, argues its language is extreme, mischaracterizes Zionism as solely oppressive, and excludes a significant percentage of Jewish students who identify as Zionist, even those who support Palestinian rights. He highlights the negative impact on Jewish students who felt demonized and excluded from clubs, emphasizing the need for mutual recognition and dialogue on campus, especially given rising antisemitism. The moderator, Peter Beinart, questions the bylaw's effectiveness in promoting Palestinian freedom, suggesting it shifts the conversation to claims of antisemitism and Jewish discomfort rather than the lived experience of Palestinians.

### The Berkeley Law Bylaw

- Law Students for Justice in Palestine initiated a campaign for allied student groups to adopt a bylaw supporting BDS
- The bylaw states groups will not invite speakers who oppose the BDS call or support Zionism, the apartheid state of Israel, and the occupation of Palestine
- This action led to a media storm after a former Trump official claimed it banned Jews.

### Arguments Supporting the Bylaw (Dylan Saba)

- BDS is a non-violent resistance strategy advancing three demands: end to occupation, equal rights, and right of return
- The bylaw is an "active political expression" that advances a Palestinian definition of Zionism
- Making Zionists uncomfortable is a necessary part of challenging the status quo and building a mass movement for Palestinian liberation
- The movement's priority is changing the status quo in Palestine and ending U.S. support for oppression, not ensuring everyone feels comfortable on campus.

### Arguments Opposing the Bylaw (Ethan Katz)

- The bylaw's language is "extreme" as it characterizes all Israeli sovereignty as occupation and narrowly defines Zionism
- Zionism is a National Liberation movement for the Jewish people, encompassing diverse views including those who advocate for Palestinian rights
- The bylaw excludes a high percentage of Jewish students (60-80% identify as Zionist) from clubs, making them feel unwelcome and demonized
- The bylaw is not anti-Semitic in intention but is in its impact, hindering productive dialogue and mutual recognition on campus.

### Strategic and Ethical Implications

- Peter Beinart questions the bylaw's effectiveness, suggesting it diverts conversation to claims of antisemitism and Jewish discomfort rather than Palestinian rights
- Dylan Saba asserts that Zionists will always reframe Palestinian advocacy as a discussion of Jewish feelings, regardless of the strategy
- Ethan Katz emphasizes the importance of mutual recognition and the capacity for vigorous conversations on college campuses, arguing that excluding one side prevents such dialogue.

