Photo: An American Jewish scholar holds a Palestinian flag during a protest against Israel’s air strikes on Gaza.
By : Yuki Iwamura
In 2019, President Donald Trump signed an executive order to combat antisemitism on college campuses that used Title VI of the Civil Rights Act of 1964 to withhold money from schools that fail to counter discrimination against Jews.
The order permitted the U.S. Department of Education to consider a definition of antisemitism that could include some criticism of Israel when vetting alleged Civil Rights Act violations that can lead to a loss of a school’s federal funding.
We wrote an editorial opposing Trump’s order, stating it “raises serious concerns about censorship and stifling legitimate criticism of Israel.”
The editorial added:
“Emily Mayer, political director of the liberal Jewish American group IfNotNow, correctly described the order as a victory for efforts ‘to discredit any critique of Israel, Israeli policies or how Jewish supremacy has been codified within the Israeli state — to try to describe that as anti-Semitism.’”
The order appeared to be directed at Boycott, Divestment and Sanctions, BDS, a movement advocating economic measures opposing Israel’s occupation of the West Bank. The international anti-Israel boycott movement has grown in popularity on campuses.”
There is a new threat to Americans’ constitutional right to freedom of speech over the Israel-Hamas war.
In response to a nationwide student protest movement over the Israel-Hamas war, the House last week passed legislation that would establish an even broader definition of antisemitism for the department to enforce anti-discrimination laws.
The Associated Press reports: “The proposal passed 320-91 with bipartisan support. It would codify the International Holocaust Remembrance Alliance’s definition of antisemitism in Title VI of the Civil Rights Act of 1964. It would broaden the legal definition of antisemitism to include the “targeting of the state of Israel, conceived as a Jewish collectivity.”
To be clear, President Joe Biden is right to make a distinction between defending the right to protest and prevailing law and order as college campuses across the country face unrest over the war in Gaza.
“Dissent is essential for democracy,” he said at the White House. “But dissent must never lead to disorder.”
Critics are also right to call out protesters who target Jewish students with hateful remarks. Jewish students should not feel unsafe on college campuses or anywhere else.
Antisemitism is unacceptable and must be strongly condemned in clear and strong terms.
But is it inaccurate and unfair to say the nationwide student protest movement is motivated by hate and antisemitism.
The broad-based multiethnic movement includes Jewish students who are opposed to Israel’s conduct of the war in Gaza. More than 33,000 Palestinians have been killed since the war was launched in October, after Hamas staged a deadly terrorist attack against Israeli citizens.
Israel’s conduct in the war has been condemned by several countries in the United Nations and religious and human rights groups. The attempt to label most of the student protesters as antisemitic because of the actions of a few is disingenuous and dangerous.
The House bill passed last week expanding the definition of antisemitism would have a chilling effect on free speech on college campuses.
The proposed definition should be strongly opposed by lawmakers, Jewish organizations, as well as free speech advocates.
Jeremy Ben-Ami, president of the centrist pro-Israel group J Street, said his organization opposes the bipartisan proposal because he sees it as an “unserious” effort led by Republicans “to continually force votes that divide the Democratic caucus on an issue that shouldn’t be turned into a political football.”
The American Civil Liberties Union was right to send a letter last Friday to lawmakers urging them to vote against the legislation, pointing out that federal law already prohibits antisemitic discrimination and harassment.
“H.R. 6090 is therefore not needed to protect against antisemitic discrimination; instead, it would likely chill free speech of students on college campuses by incorrectly equating criticism of the Israeli government with antisemitism,” the letter stated.
Supporters of Israel’s right to exist and defend itself should oppose this bill. Regardless of their views on the Israel-Hamas war, Sens. Bob Casey and John Fetterman should vote to uphold the constitutional right to freedom of speech.
The Philadelphia Tribune
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