As pro-Palestinian protests have swept across many of the nation’s elite colleges, lawmakers in the House are pushing to expand the definition of antisemitism.
On Wednesday, the House voted 320-91 to pass a bill that would expand the definition of antisemitism when it comes to the Department of Education’s enforcement of an anti-discrimination law.
The Associated Press notes the bill “would codify the International Holocaust Remembrance Alliance’s definition of antisemitism in Title VI of the Civil Rights Act of 1964, a federal anti-discrimination law that bars discrimination based on shared ancestry, ethnic characteristics or national origin.”
“If passed by the Senate and signed into law, the bill would broaden the legal definition of antisemitism to include the ‘targeting of the state of Israel, conceived as a Jewish collectivity.’ Critics say the move would have a chilling effect on free speech throughout college campuses,” it added.
However, the AP notes supporters of the law “say it would provide a much-needed, consistent framework for the Department of Education to police and investigate the rising cases of discrimination and harassment targeted toward Jewish students.”
Conservative commentators took to X to blast the bill:
Our campuses are Left-wing activism training centers. Remove their taxpayer funding. WV miners should not subsidize gender studies major Hamas fans. The solution is NOT to pass a bad bill adding yet more free speech violations to the giant free speech violation that is Title VI.
— Ben Shapiro (@benshapiro) May 2, 2024
The vast majority of Republicans just voted for a bill to criminalize criticisms of the Israeli government. If the bill passes you will be guilty of hate speech if you “apply double standards” to the government of Israel or accuse it of genocide. This is honestly one of the most… https://t.co/5SPRT0I0jk pic.twitter.com/2k6n9A3hiY
— Matt Walsh (@MattWalshBlog) May 1, 2024
It is patently insane for House Republicans to insert themselves into the mayhem engulfing college campuses. Do not interrupt your enemies when they're making a mistake!
— Charlie Kirk (@charliekirk11) May 2, 2024
Instead of passing anti-free speech laws that trample on the First Amendment or inserting themselves behind a… https://t.co/jjM9pclxle
🧵 Today the House will vote on a bill to define antisemitism with the intent to increase prosecutions of activity on campuses.
— Thomas Massie (@RepThomasMassie) May 1, 2024
The bill has a problem beyond violating the 1st Amdt:
The definition of antisemitism appears no where in the bill!
Why?https://t.co/5A0alnuuOp
This evening, I will vote AGAINST the ridiculous hate speech bill called the “Antisemitism Awareness Act.”
— Rep. Matt Gaetz (@RepMattGaetz) May 1, 2024
Antisemitism is wrong, but this legislation is written without regard for the Constitution, common sense, or even the common understanding of the meaning of words. The… pic.twitter.com/HYg2LJDLAI
These conservatives have it right — mostly.
Where conservatives here miss the mark is they ignore their complicity, through their flaming rhetoric about the protests, in putting pressure on the government to “do something” about antisemitism on college campuses even before we saw protesters taking over a building.
There certainly were disturbing videos of demonstrators blocking students from getting to class, which is not First Amendment protected activity. But almost from the moment the protests began, conservatives really seized on accusations protesters were shouting antisemitic phrases and ratcheted up the tension by calling the protester pro-Hamas or terrorist sympathizers.
Sen. Tom Cotton (R-Ark.) called the protests “disgusting cesspools of antisemitic hate full of pro-Hamas sympathizers, fanatics, and freaks.” He went on, “The terrorist sympathizers in these ‘Little Gazas’ aren’t peacefully protesting Israel’s conduct in the war; they’re violently and illegally demanding death for Israel just like their ideological twins, the ayatollahs in Iran.”
“The terrorist sympathizers in these 'Little Gazas' aren't peacefully protesting Israel's conduct in the war; they're violently and illegally demanding death for Israel just like their ideological twins, the ayatollahs in Iran.” https://t.co/KodY5MJQy0
— The Recount (@therecount) May 1, 2024
It’s hard to see how protesting — not smashing windows or occupying a building, just protesting — is violent or illegal. And of course, that is not to say the protesters are right or have any clue what they’re talking about. They clearly have no understanding of whether they would be more likely to live happy progressive lives in Gaza or Israel, or which of the two is more likely adheres to their values.
Yet calling the protesters violent and terrorist sympathizers is the line conservatives took, which ratcheted tensions way more than they needed to be. And it created an atmosphere of pressuring lawmakers to take action while colleges did nothing.
When the country is facing an emergencies or sees incidents of despicable protests, the last thing we should want is for lawmakers in Capitol Hill to decide to take advantage of the situation to pass legislation that could lead to investigations for people exercising their First Amendment rights.
Even though the intent of trying to combat antisemitism, very clearly, is good, lawmakers should not be taking steps that limit what people can say in the heat of the moment.
The First Amendment offers broad protections for speech, and that’s the way the Founders wanted, with few exceptions. It is not something that can just be swept away or curtailed in the moment because frustration with what some people are saying and a desire to “do something” about it. And the Senate should act as it was supposed to, the slower more deliberative body, and kill this bill.
These protesters should be allowed to expose themselves as the ignorant, entitled, and intolerant individuals they are. The answer is not to criminalize speech to try to shut them up.
