Jewish National Fund v. US Campaign for Palestinian Rights Historic Case

At a Glance

Date Filed: 

November 13, 2019

Current Status 

The Center for Constitutional Rights and co-counsel filed a motion to dismiss the case on behalf of the US Campaign for Palestinian Rights on March 5, 2020, which Judge Leon granted on March 29, 2021. The plaintiffs appealed to the D.C. Circuit Court of Appeals, which affirmed the dismissal on May 2, 2023. The Supreme Court denied plaintiffs' petition for writ of certiorari on January 22, 2024, ending the case.

Co-Counsel 

Marks, O'Neill, O'Brien, Doherty & Kelly, P.C.

Client(s) 

Case Description 

The US Campaign for Palestinian Rights (USCPR) is a national coalition of hundreds of groups working for freedom, justice, and equality, and one of the oldest and largest Palestine solidarity organizations in the United States. Founded in 2001 as the US Campaign to End the Israeli Occupation, USCPR has been a leading player in the U.S. in the movement for Palestinian rights. The coalition is bound by commonly shared principles on Palestine solidarity and anti-racism.

In November 2019, the Jewish National Fund (JNF) and several individuals who live in Israel near Gaza filed a complaint against USCPR. The lawsuit makes outlandish claims, casting collective activism and expression of solidarity as unlawful. The JNF and the other plaintiffs base their far-fetched accusations of material support for terrorism as well as allegations of conspiracy on USCPR’s support for Palestinian rights, including for boycotts, divestment, and sanctions against Israel until it complies with international law. Their claims also rely on USCPR’s criticism of Israel’s unlawful use of force against Palestinian refugees in Gaza demanding their internationally recognized right of return during the Great March of Return, which began in March 2018, and its participation in the Stop the JNF Campaign aimed at exposing and challenging the JNF’s role in dispossessing Palestinians of their land.

The JNF’s lawsuit is part of larger efforts that twist the law and deploy smear campaigns to attempt to discredit human rights defenders. It fits into a long pattern of attempts to crush organizing for justice in the U.S., and comes in the context of coordinated nationwide attacks on organizing for Palestinian rights. This case is part of the Center for Constitutional Rights' efforts to support activists, academics, and organizations facing legal attacks for their advocacy on behalf of Palestinian rights. For more information, see the Center for Constitutional Rights and Palestine Legal’s report, The Palestine Exception to Free Speech: A Movement Under Attack in the U.S.

Case Timeline

January 22, 2024
U.S. Supreme Court declines to review case
January 22, 2024
U.S. Supreme Court declines to review case
The Supreme Court denies the plaintiffs' petition for writ of certiorari.
September 1, 2023
Plaintiffs petition for writ of certiorari
September 1, 2023
Plaintiffs petition for writ of certiorari
The US Campaign files its brief opposing the petition on December 20, 2023. The plaintiffs reply on January 3, 2024.
May 2, 2023
D.C. Circuit Court of Appeals affirms dismissal
May 2, 2023
D.C. Circuit Court of Appeals affirms dismissal
The court finds that tactics like boycotts are "not unlawful" and that the allegations made in the complaint are "far less convincing" than those the court has analyzed in other cases.
January 12, 2023
Oral argument in D.C. Circuit Court of Appeals
January 12, 2023
Oral argument in D.C. Circuit Court of Appeals
August 31, 2021
Plaintiffs appeal dismissal to D.C. Circuit Court of Appeals
August 31, 2021
Plaintiffs appeal dismissal to D.C. Circuit Court of Appeals
Plaintiffs file their appellate brief on January 19, 2022, and USCPR files its brief on March 1, 2022. Plaintiffs file their reply on March 29, 2022.
August 2, 2021
Judge Leon denies motion for reconsideration
August 2, 2021
Judge Leon denies motion for reconsideration
April 26, 2021
Plaintiffs move for reconsideration
April 26, 2021
Plaintiffs move for reconsideration
We oppose the motion on May 10, 2021, and plaintiffs file their reply on May 14, 2021.
March 29, 2021
USCPR's motion to dismiss case is granted
March 29, 2021
USCPR's motion to dismiss case is granted
March 5, 2020
USCPR moves to dismiss complaint
March 5, 2020
USCPR moves to dismiss complaint
The plaintiffs oppose the motion on May 19, 2020. USCPR replies on June 9, 2020.
November 13, 2019
Jewish National Fund files complaint against US Campaign for Palestinian Rights
November 13, 2019
Jewish National Fund files complaint against US Campaign for Palestinian Rights