Does the Anti-Semitism Awareness Act go too far?

While well intentioned, passing this act could ultimately put Jews in more danger

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Does the Anti-Semitism Awareness Act go too far?

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The House recently approved the Department of Education’s adoption of the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism, which may be used in the enforcement of anti-discrimination laws on college campuses. While on the surface this sounds great for Jews, we have to face some hard truths about the bill and consider the long term consequences before we blow the shofar and start dancing on the 50 yard line. While I feel like we’ve been trapped in a cycle of negativity for the past 6 months, and I very badly want to celebrate a win by cheering the overwhelming support for this bill (320 votes for to 91 against), my fear is that in the long run we will come to regret its passing.

First, let’s dive into the definition.

“Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

It sounds like Dr. Seuss wrote this. It uses the word in the definition, making the logic so circular that it can basically mean anything you want it to. No wonder even the Alliance’s own website calls this a working draft. That said, at it’s core, I interpret the definition as looking to move beyond physical threats and incitement of violence and into the realm of criminalizing hate speech.

While seeing idiots call Jews more variations of as many terrible slurs as I can think of both online and at “peaceful protests” isn’t my preference to read or hear, I still believe that free speech is an important pillar of a free and democratic society that cannot be sacrificed on the altar of short term gratification.

America has a long history of prohibiting or punishing hate speech. In 2011, Chief Justice John Roberts described his reasons for protecting hate speech on public issues as ensuring “we do not stifle public debate.”

Let’s look at Snyder v. Phelps, where in an 8-1 decision the Westboro Baptist Church won the right to continue picketing military funerals with signs that read “God hates fags” and “Thank God for dead soldiers.” I can’t think of anything more repugnant and hateful then expressing those views at a military funeral. Free speech is so important to democracy, that even this offensive speech was upheld as legally permissible.

Hate speech is a cudgel that cuts both ways. That’s because hate speech is only hateful to people who disagree with it. When I hear people chant ‘from the river to the sea’ and ‘globalize the intifada’, I absolutely find it hateful. To me, I hear it as incitement because I view it as a threat to exterminate Jewish people. But, if we start defining indirect incitement as illegal speech, I am not sure where it ends. The result is people become afraid to say anything, out of fear they’ll be accused of violating this law or that one, causing people to self censor until most controversial ideas are snuffed out. Anger and resentment fester from there and eventually leads to violence. Although it sounds appealing to ban speech you don’t like because it could lead to incitement of violence, criminalizing speech prevents individuals who are angry a safety valve to voice their frustration without needing to result to violence.

You don’t have to be Nostradamus to see where this leads either. It won’t be long before a new bill about Islamophobia is passed, and what is hateful to many Muslims we may not consider hateful. Will we not be able talk about the persecution of homosexuals in Iran because it demonizes Arabs as homophobic even though widespread human rights abuses are well documented? Will we not be able to talk about the overwhelming support amongst Palestinians for Hamas’ actions on October 7th? Each incremental attack on free speech slowly leads us further down the path of becoming an Orwellian police state, which is very difficult to break free from once should we lose our voices.

Let’s look more specifically into some of the examples the Holocaust Alliance gives us to clarify antisemitism and examine each one briefly to see if this new law is necessary.

🔷 Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion.

This is considered a direct threat of violence. It’s already illegal. Here’s a video of Riddhi Patel going to jail (rightly so) recently for threatening to kill her local counsel members for being pro-Israel in her opinion to prove the point.

🔷 Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust).

It is infuriating that every Nazi scumbag on Twitter denies the Holocaust despite the mountain of evidence that it happened. As someone who follows a lot of Nazis on Twitter because I want to understand our enemies, I can tell you immediately what they’ll say to enforcement of this law in this context: “Jews are trying to hide the fact the Holocaust didn’t happen by silencing us from asking questions.” Yes, they’re saying that already, but when it’s codified as a law more idiots will use this lame misdirection to amplify their Holocaust denial.

🔷 Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations.

Holy Batman, where do I start with the complexity of this one. I guess I’ll start with my own identity crisis, but first I ask that you carefully read that this is MY experience and not representative of all Jews.

I served in the IDF because I honestly believe that Israel is fighting on the front lines of protecting Western Society and America from radical Islamist ideologies. I also believe as a Zionist that Jews should live in our ancestral homeland where we have self-determination, as history has shown us over and over again that we need to be safe. I am a citizen of Israel and I am citizen of America. I love both countries.

I know it’s complicated for many people to understand, but hundreds of other Jewish lone soldiers that served in the IDF feel the same way as I do. Until recently, I never saw a scenario where the two countries from which I enjoy citizenship would ever be at odds in a significant way. Now, as we witness the first steps toward preparation for Jewish ethnic cleansing brewing in universities across America, I really wonder if there will ever come a day I am forced to choose between the two. I’ve never had to hide or be ashamed of the fact that I am Jewish when I lived in Israel for 5 years. I cannot say the same for of my life in America. Before you tell me to go back to Israel (or Poland where untold numbers of Jews were massacred as the kids like to say now), consider that I love America too.

Right now, in this moment, I believe that my place is here, staying up late writing a blog that maybe no one will ever read in the hope that America can course correct before it’s too late. That said, if you try to kill me or my loved ones for being Jewish, I am on the next boat to Israel with my family.

🔷 Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation.

The hypocrisy we witness on a daily basis ranging from trying to hold us to impossible civilian causality ratios in urban warfare to not believing Jewish women who were rape makes my blood boil for most of the week. If criticisms being levied against Israel are untrue (as they often are) then we should educate and debate our opponents publicly to defend our positions. All we do by allowing criticism to be censored, is to turn the controversy into a free speech debate, which is easier for antisemites to win. Let antisemites show their hypocrisy and bias openly and not give them more talking points by allowing them to cry censorship.

To sum up here, while I agree it’s important Jews define antisemitism clearly (it should be up to us to define it) so there are social consequences to hateful antisemitic speech, I take issue with criminalizing most speech because I believe it ultimately does more harm then good.

This latest round of legislation is an excuse for universities to not be held accountable for shirking their responsibility to Jewish students on their campuses this past month by claiming the situation was ambiguous in regard to free speech. We had laws already on the books protecting minorities from discrimination and harassment that just needed to be enforced. Furthermore, the universities had their own codes of conduct that went far beyond federal laws and they could have enforced them easily on private property, and chose not to. This was an abject failure of leadership and there will hopefully be legal accountable in the months and years to follow.

The more these ethnocentric types of laws pass that divide us into groups based on our identity, the faster our collective American identity erodes until there is nothing left. We used to take pride in being a melting pot of Americans, and we made efforts to assimilate into a culture that had commonalities and rituals we all respected. We sang the pledge of allegiance in school, we tried to sit through a baseball game, and we choked down a dry turkey on Thanksgiving. Now the only thing it seems we can agree on at a protest is how both sides feel about President Biden.

It’s not easy to advocate for protecting free speech you hate, but that’s when it has to be protected most. Again, free speech doesn’t mean freedom from consequences, but it shouldn’t be censored. I want to know who the antisemites are, I want to debate the merits of their ideas against ours, which are stronger and more just. I don’t want our enemies plotting secretly against us in hiding. I want to know exactly who they are, and I want us to be prepared.

Sources:

House passes Antisemitism Awareness Act https://www.yahoo.com/news/u-house-overwhelmingly-approves-anti-004619663.html?fr=sycsrp_catchall

Holocaust remembrance alliance working definition of antisemitism https://holocaustremembrance.com/resources/working-definition-antisemitism

Is hate speech protected by the first amendment? https://www.thefire.org/news/hate-speech-protected-first-amendment

Far right cries they can’t keep chanting Jews killed Jesus (paraphrasing) https://www.nytimes.com/2024/05/02/us/politics/antisemitism-jews-republicans-democrats-congress.html

Anti-Israel protester arrested for murder threats https://www.foxnews.com/us/anti-israel-protester-sobs-arraignment-murder-you-remark-california-mayor-city-council

Hate speech leads to violence https://www.brookings.edu/articles/how-hateful-rhetoric-connects-to-real-world-violence/

Freedom of expression can help avoid conflict https://www.cato.org/blog/freedom-expression-dangerous-no-study-finds-more-expression-helps-us-handle-conflict

Criticism of Israel similar to that level against any other country is not Antisemitic (Yes, I do read Aljazeera) https://www.aljazeera.com/news/2024/5/1/us-house-passes-controversial-bill-that-expands-definition-of-anti-semitism

US Dept. of State definition of antisemitism https://www.state.gov/defining-antisemitism/

Echoes of McCarthyism https://www.newyorker.com/news/persons-of-interest/the-problem-with-defining-antisemitism

Lot’s of Jews killed in Poland. Like really, a whole bunch https://www.yadvashem.org/holocaust/about/fate-of-jews/poland.html

Palestinian majority supports Hamas https://www.middleeasteye.net/news/war-gaza-poll-shows-palestinian-support-hamas-still-high-despite-mounting-death-toll

Persecution of LGBTQ community in Iran and other human rights abuses https://iranhumanrights.org/2021/08/fact-sheet-lgbtq-community-in-iran-faces-deadly-violence-and-severe-rights-abuses/

Competing protestors both chant Fuck Joe Biden https://www.dailydot.com/debug/palestine-protest-joe-biden-trump/

Roots Metals https://www.rootsmetals.com/blogs/news/the-ihra-definition-lets-break-it-down