House-passed antisemitism bill may violate First Amendment warn critics: ‘Misguided and harmful’
Critics railed against a bill recently passed in the U.S. House intended to crack down on antisemitism, asserting that it goes too far and will result in a violation of all Americans’ free speech rights.
The bill, dubbed the Antisemitism Awareness Act, passed in the House on Wednesday by a 320-91 vote, with overwhelming bipartisan support from lawmakers.
The bill, which comes as anti-Israel demonstrations roil university campuses nationwide, would mandate that the Department of Education legally adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism when enforcing anti-discrimination rules.
However, the bill’s bipartisan critics argued that this new standard of anti-discrimination violates the First Amendment.
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Jewish students at El Camino Real Charter High School walkout to protest antisemitic incidents at the Woodland Hills school on Tuesday, February 27, 2024. (Photo by Sarah Reingewirtz/MediaNews Group/Los Angeles Daily News via Getty Images)
While debating the bill ahead of the vote, Rep. Jerry Nadler, D-N.Y., argued, “This definition, adopted by the International Holocaust Remembrance or IHRA, includes, quote, ‘contemporary examples of antisemitism,’ close quote. The problem is that these examples may include protected speech in some context, particularly with respect to criticism of the state of Israel.”
Across the aisle, Rep. Matt Gaetz, R-Fla., said the bill threatens language found in the Bible. Ahead of the vote, the lawmaker posted to X, “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 Gospel itself would meet the definition of antisemitism under the terms of this bill!”
He provided an example of one of IHRA’s definitions of antisemitism, which includes “claims of Jews killing Jesus,” asserting that the Bible would fall under the definition.
“The Bible is clear. There is no myth or controversy on this. Therefore, I will not support this bill,” Gaetz added.
Newsweek opinion editor and Israel supporter Batya Ungar-Sargon blasted the bill on X. She wrote, “It’s nice to see bipartisan support for Jews but this congressional bill to expand the definition of antisemitism is bad for the U.S. and bad for Jews. This country was literally founded on the idea that there should be no government reprisals for speech, including hate speech.”
She slammed the bill’s standards for deeming what is antisemitic as well, writing in the thread, “the IHRA definition of antisemitism is awful—vague, overly broad, and reliant on examples. It’s useless.”
“We don’t protect American Jews from hate by turning on the values this great nation was founded on. We do so by embracing a country that has always protected us, by embracing what makes this country unique, a big part of which is the First Amendment!” the journalist added.
The House of Representatives passed a bill expanding the definition of antisemitism with regards to academic settings. (Getty Images)
Christopher Anders, director of the ACLU’s Democracy and Technology Policy Division, railed against the legislation as well, stating, “The House’s approval of this misguided and harmful bill is a direct attack on the First Amendment.”
He added, “Addressing rising antisemitism is critically important, but sacrificing American’s free speech rights is not the way to solve that problem. This bill would throw the full weight of the federal government behind an effort to stifle criticism of Israel and risks politicizing the enforcement of federal civil rights statutes precisely when their robust protections are most needed.”
He concluded that the U.S. Senate “must block this bill that undermines First Amendment protections before it’s too late.”
Independent journalist Tim Pool warned of the bill’s alleged opposition to language found in other major religions, like Islam for example. He posted, “Speaking from the Hadith and Quran is illegal under the antisemitism bill lol.”
Rep. Lauren Boebert, R-Colo., weighed in on the subject, declaring, “The rise of antisemitism in America and especially on college campuses is abhorrent and disgusting, but I will not violate my constitutional principles to vote for a bill that tramples on the First Amendment and won’t make a positive impact on this issue.”
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On the other side, Rep. Mike Lawler, R-N.Y., who led the bill, told Fox News Digital, “When people engage in harassment or bullying of Jewish individuals where they justify the killing of Jews or use blood libel or hold Jews collectively responsible for the actions of the Israeli government — that is antisemitic. It’s unfortunate that needs to be clarified, but that’s why this bill is necessary.”
