Statement on the Nativ Lawsuit

Statement by the Executive Committee of the Berkeley Initiative for Free Inquiry:

As members of the Berkeley faculty, we are deeply troubled by the allegations in the recent complaint filed by Dr. Yael Nativ, which raises grave questions about whether our campus is living up to its civil rights obligations and free speech commitments.

The complaint alleges that a department denied Dr. Nativ’s application to return as visiting professor because of her Israeli national origin, with the department chair citing fear of controversy as a reason for declining to host her class on Israeli dance again. Dr. Nativ also alleges that the campus failed to take action after the Office for the Prevention of Harassment and Discrimination substantiated her claim of discrimination.

Dr. Nativ’s allegations are the newest signpost of a pattern where objectors create enough disruption or fear of disruption to derail an opportunity for education or scholarly exchange. The problem is not only actual disruption, but the pervasive expectation of it, coupled with an inability to hold accountable those who silence others. They also vividly illustrate why it is so critical for faculty to show courage in the face of intimidation: when we lack courage, any of us can become an instrument of injustice. 

Finally, we note that the April 2025 Senate Resolution called upon the central administration to “affirmatively defend free expression…by protecting the right to learn by devoting resources when necessary to prevent classroom and event disruptions.” Dr. Nativ’s experience, and others like it, show the urgent need for the administration to commit real resources and visible support so that departments can uphold academic freedom without fear of being left to face disruption alone.