The House on May 1 passed an anti-Semitism bill as pro-Palestinian protests escalated on college campuses across the country.
The legislation passed the lower chamber in a broadly bipartisan 320–91 vote. That included 21 Republicans and 70 Democrats who opposed the legislation, many of whom expressed concerns about a potential chilling effect that the bill could have on free speech.
The Anti-Semitism Awareness Act, which will now go to the Senate for consideration, would expand the definition of antisemitism to that set by the International Holocaust Remembrance Alliance (IHRA) in the enforcement of federal anti-discrimination laws.
Bill sponsor Mike Lawler (R-N.Y.) said he hoped Senate Majority Leader Chuck Schumer (D-N.Y.) would push the legislation through the Senate.
Mr. Lawler also said the recent wave of anti-Semitism on college campuses was, in part, because school administrators “have failed to do their jobs,” citing the seizure of a building by protestors at Columbia University on April 29. The New York Police Department received permission from the university on the evening of April 30 to clear the building of demonstrators.
“This is establishing, at its core, that if you are engaged in rhetoric and behavior that is anti-Semitic, there’s going to be consequences,” Mr. Lawler told The Epoch Times.
What Constitutes Anti-Semitism?
Every lawmaker who spoke with The Epoch Times on April 30 condemned anti-Semitism in the strongest terms, even those who opposed the legislation.The controversy over the bill arises from concern over its definition, which some lawmakers felt was too vague or too susceptible to misuse.
Many said they were concerned that criticism of the state of Israel, or its government, would be considered anti-Semitic under the new rule, though the IHRA’s website states that “criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic.”
Rep. Ro Khanna (D-Calif.) said: “My concern is that it violates First Amendment speech. I mean, I think we have to have space for the criticism of government, but we can absolutely condemn the vile threats and toxic rhetoric against Jewish or Muslim students.”
Rep. Delia Ramirez (D-Ill.) echoed these sentiments.
“I think that anti-Semitism is real, and it’s rising around the country,” she said. “What this bill will do, which is very dangerous, is to say that if I’m criticizing the Israeli government—as I have done—that is anti-Semitic, and that is not correct.”
In response to these concerns, Mr. Lawler told The Epoch Times that “being anti-Zionist is being anti-Semitic.”
“You can disagree with policy decisions of the Israeli government; that’s a separate discussion,” he clarified. “But if your opposition to Israel is that it’s a Jewish state, it’s rooted in anti-Semitism; people can try to mask it as much as they want, but at its core, that’s what it is.”
Mr. Khanna, when asked about Mr. Lawler’s comments, said, “If that’s how someone is defining Zionism, I agree that the Jewish people should have self-determination and have the state of Israel.”
However, he continued, “When you have an expansionist view that includes the West Bank and Gaza, that’s an occupied territory, and I think it’s fair to criticize the occupied territory.”
The West Bank consists of neighborhoods under Israeli and Palestinian jurisdiction, while Gaza is controlled by Hamas, a terrorist group.
“The effort to crush antisemitism and hatred in any form is not a Democratic or Republican issue,” Mr. Jeffries wrote. “It’s an American issue that must be addressed in a bipartisan manner with the fierce urgency of now.”
Nonetheless, Jewish and pro-Israel groups have called on Congress to pass the Antisemitism Awareness Act.
The Council on American-Islamic Relations came out opposed to the bill, comparing it to investigations in the 1950s by Sen. Joseph McCarthy (R-Wis.) of people and entities he accused of supporting communism.
It called the definition in the bill “overbroad,” saying it “equates protected political speech with unprotected discrimination.”
The ACLU added: “Enshrining it into regulation would chill the exercise of First Amendment rights and risk undermining the Department of Education’s legitimate and important efforts to combat discrimination. Criticism of Israel and its policies is political speech, squarely protected by the First Amendment.”
As with most legislation, Mr. Schumer will have the final say on whether it comes to the Senate floor for a vote.
Though a similar bill passed the Senate unanimously years ago, the issue presents a political conundrum for President Joe Biden and the Democrats.
President Biden is himself an outspoken supporter of Israel but is likely also weighing the political costs of that support as the college protests rock the nation.
Because the bill is in direct response to those protests, largely driven by left-wing student agitators who would otherwise be likely to support President Biden, the issue is a thorny one for Democrats to navigate.
Neither Mr. Schumer nor President Biden has given a clear picture of his stance on the legislation.
