In the federal FACE Act case born from the mob that blocked access in November 2024 to a synagogue in West Orange, N.J., the defendants are asking the courts to abandon the constitutional protections of religious freedom that make America great, while disregarding Jewish law, prayer and lived experience. One could hardly seek better proof that the defendants in this instance discarded both the law and America’s founding principles in their pursuit of antisemitic bigotry.
The legislation was initially designed to protect people entering abortion clinics from being harassed; eventually, it was expanded to apply to the entrances to houses of worship.
The Party for Socialism and Liberation New Jersey, American Muslims for Palestine New Jersey and numerous individual defendants all outrageously insist that the synagogue event they disrupted—one that memorialized a murdered Israeli rabbi and encouraged Jewish life in Israel—was not religious at all. They arrogate for themselves the right to decide what Judaism is, what Jews believe and which parts of Jewish life count as religious. That is not a legal defense, but an act of erasure, as antisemitic as it is unconstitutional.
The court filings could hardly make their intent and animus more blatant. One defendant asserts therein that encouraging Jews to live in the Holy Land “could not plausibly be interpreted” as a religious activity. Another compares such a real estate fair to “bingo night in a church basement.” A third faults the government for failing to prove, from Jewish law, that it’s a mitzvah (“commandment”) for Jews to live in the land of Israel, as if U.S. attorneys should be expected to research Jewish sources to establish basic Jewish tenets.
All of these attempt to force the courts into unconstitutional entanglement with religious doctrine, while denying and distorting obvious Jewish beliefs.
The First Amendment, to be certain, forbids the courts from wading into this argument; they cannot be called upon to determine what is or is not a Jewish religious activity. American courts cannot claim expertise in the Jewish attachment to the Land of Israel, the relevant mitzvot (“biblical commandments”) or how they apply today.
At the same time, the defendants’ attitude is so obviously at odds with Jewish belief and so dismissive of the Jewish experience as to prove antisemitic bias. The desire to live on holy ground is a theme that saturates Jewish prayer, holy texts and halachah (“Jewish law”). Antisemitism does not only target Jews as individuals, but Judaism as a religion, and the defense filings openly express that the defendants share this familiar and repugnant hostility.
To claim that a synagogue event about land in Israel is “not religious” requires, first of all, that one deny the mitzvah of yishuv ha’aretz, “settling the land,” affirmed by the Ramban and rooted in Torah. It demands nullification of the pleas for rebuilding of Jerusalem and the Holy Temple, restoration of the Davidic Kingdom and return of the Divine Presence that are at the core of every Jewish prayer service, every day of the year.
And, of course, it erases religious expression by Jews. Whether those making aliyah come from the United States, France, Ethiopia, Ukraine, Argentina or anywhere else, political Zionism is rarely even a secondary concern. The overwhelming majority move either to escape Jew-hatred or to fulfill numerous religious commandments, including living in the Land of Israel and participating in its rebuilding. Maimonides, Rav Ovadiah of Bartenura, Rav Yosef Karo, in addition to the hundreds of students of the Vilna Gaon and Ba’al Shem Tov who moved to the Land of Israel, all did so exclusively as an expression of their Jewish religious beliefs.
Most fundamentally, to insist that their motivations are “not religious” is to tell the Jews targeted at Congregation Ohr Torah that their own lives, fears, hopes, beliefs and commitments do not matter. That is not a defense. It is an expression of transparent—and transparently hateful—disregard for Jewish humanity.
American courts cannot claim expertise in the Jewish attachment to the Land of Israel, the relevant biblical commandments or how they apply today.
The FACE Act protects all forms of religious exercise, not only ritual. Congress enacted it to protect houses of worship and religious communities from intimidation and obstruction. This protection is not limited to prayer services, but encompasses the full spectrum of religious life, including gatherings that express, celebrate or advance a community’s religious identity. A synagogue event discussing Jewish life in Israel is unquestionably part of that spectrum.
If a court accepted the defendants’ framing, that would set a chilling precedent. Jewish prayer would be protected, but attempts to realize the commitments expressed in those prayers would not. That would hamper Jewish religious liberty no less than attacks on circumcision or kosher meat. It would have the courts annul the parts of Judaism that anti‑Israel activists find inconvenient.
The defendants’ argument is unconstitutional because it asks the court to define Judaism, and antisemitic because it expressly denies both Judaism’s own self‑definition and the religious beliefs of the targeted Jews. In other words, the defendants want the courts to declare their activities not to be hateful or bigoted, precisely because they are.
This is dangerous not only for Jews who seek to fulfill mitzvot, but for all Americans who share the reverence of the country’s Founding Fathers for religious freedom and tolerance.
Consider that without those principles, Pilgrims in Massachusetts, Mennonites in Pennsylvania and Anglicans in Virginia could not have united to build the world’s dominant superpower. The defendants have thus proven both their guilt and their hostility towards Judaism, Jewish life and the values that make America great.
