ACLJ Win: Parent Sued for Exposing Antisemitism Protected From Burdensome Discovery

The ACLJ has achieved an initial win in federal court on behalf of a parent who criticized a teacher for antisemitism. The court ruled in our favor, protecting our client from needless discovery requests in a case that should be thrown out anyway.

We stand against antisemitism in all forms. This victory is a crucial protection for our client against the dangerous effects of the lawfare being waged against the Jewish people and Israel.

As we told you when we took the case:

A public employee, a theater director at a high school in Illinois, posted a story on her personal Instagram account that accused the Israeli military of “crimes against humanity” and “ethnic cleansing.” Our client Michelle Bernstein, a parent of students in the school, learned about the post, made several social media comments that highlighted what this theater director said, and shared her opinion that these statements were “slandering the IDF and Israel” and “antisemitic.” In other words, Bernstein learned about this teacher’s post, which was circulating the social media of the high school community and was disseminated to many students, and viewed the teacher’s statements to be antisemitic, slanderous of Israel, and inappropriate for a public employee who is shaping the young minds of students. Accordingly, she called the teacher out on social media, expressing her opinion and exposing the public school teacher’s disturbing comments.

The teacher responded by filing an absurd defamation lawsuit against the parent (our client) and immediately sought discovery even before the judge ruled on our motion to dismiss the case. We then filed a motion asking the court to pause discovery proceedings against our client, Michelle Bernstein, until her pending motion to dismiss is resolved. We urged the court to avoid unnecessary discovery and defer it until after the ruling on whether the case should be dismissed.

Discovery is the process of how the parties exchange information and ask questions of one another. It can often be lengthy and difficult for people to go through. In a case like this one, lawfare based on constitutionally protected speech, having our client provide documents to the other side and answer invasive questions would be difficult and risk infringement on her rights.

This week the court ruled in our favor and granted our motion, agreeing to protect our client from burdensome discovery. In an important initial victory, the federal court has halted all discovery demands against Mrs. Bernstein while it considers her motion to dismiss the case. This case represents a disturbing pattern we’re seeing across the country: attempts to silence and intimidate those who dare to stand up against anti-Israel bias in our educational institutions. The teacher’s lawsuit is a direct attack on a parent’s fundamental right to advocate for their children and community.

The court concluded that a stay would streamline the case. Because we have filed a motion to dismiss arguing that Mrs. Bernstein is entitled to constitutional protection for her speech, waiting until after the motion to dismiss is decided is appropriate to decide if any discovery is necessary. Importantly, the court concluded:

The stay may significantly reduce the burden to Bernstein. While Plaintiff’s discovery requests do not appear to be unduly burdensome, litigating in federal court is almost always time-consuming and expensive; requiring Bernstein to respond to these discovery requests while her motion to dismiss is pending on a threshold issue will be burdensome, and staying discovery will reduce that burden for the time being.

This decision is an important first step in protecting our client. We now will wait for the court to address the motion to dismiss. This case underscores why we must remain vigilant in defending the right of Americans to speak the truth about Israel and stand against antisemitism in our educational institutions. We cannot allow lawsuits to become weapons for silencing concerned parents and citizens.