Republicans in Congress are pushing to pass legislation that would adopt the International Holocaust Remembrance Alliance’s definition of antisemitism for prosecuting federal antidiscrimination laws. However, critics like Wyoming Rep. Harriet Hageman argue that this move does not provide real relief for Jewish students facing discrimination and could potentially violate the First Amendment.
Following violent attacks by Hamas in October, Islamists and radical leftists have been protesting on college campuses in support of the terrorist organization. In response to these events, New York Republican Rep. Mike Lawler and his colleagues introduced the Antisemitism Awareness Act, which was passed by the House. This legislation would officially adopt the IHRA definition of antisemitism and direct the Department of Education to consider it when investigating violations of title VI of the Civil Rights Act.
The IHRA defines antisemitism as a certain perception of Jews that includes hatred and discrimination towards them. Examples of antisemitic behavior listed by the State Department include calling for violence against Jews or making false and derogatory statements about Jewish individuals or groups. However, legitimate criticism of Israel is not considered antisemitic under this definition.
The bill would give the Education Department the authority to withhold funding from academic institutions that tolerate antisemitic behavior on campus. While the intention is to combat hate speech, critics argue that it could infringe on free speech rights guaranteed by the First Amendment. Organizations like the FIRE Organization also raise concerns about the vague and broad definition of antisemitism proposed by the legislation.
Ultimately, opponents of the bill believe that it could lead to censorship of speech critical of Israel and violate individuals’ constitutional rights. They argue that existing laws already prohibit illegal activities on campus and that Congress should not be involved in regulating speech that is protected by the First Amendment.
