CA Judge Deems Ramming Jewish Woman with Shopping Cart ‘Free Speech’ (Via Israelmatzav)
On Thursday U.S. District Judge Richard Seeborg said the harassment, even if true, constituted protected political speech and dismissed the case against the university.
Seeborg said the university did not have any obligation to intervene in any dispute where a private individual on campus was allegedly interfering with another’s constitutional rights. He instead appeared to indicate that the incident was an outcome of Felber’s counter protest.
Felber and another Jewish student claimed the University did not do enough to prevent the harassment which included the Muslim group conducting checkpoints around the campus. Students were asked if they were Jewish while passing the checkpoints.
“The incident in which Felber was assaulted with a shopping cart, for example, did not occur in the context of her educational pursuit,” Seeborg stated. “Rather, that event occurred when she, as one person attempting to exercise free speech rights in a public forum, was allegedly attacked by another person who likewise was participating in a public protest in a public forum.”