In May the benign-sounding Anti-Semitism Awareness Act appeared before the U.S Congress “to provide for consideration a definition of anti-Semitism for the enforcement of Federal antidiscrimination laws concerning education programs or activities.”
No big deal? Let us see.
S. 2940 is sponsored by Republican Sen. Tim Scott and has four co-sponsors: Republican Lindsey Graham and Democrats Ron Wyden, Robert Casey, and Michael Bennet. The House sponsor of H.R. 5924 is Republican Rep. Peter Roskam, with 41 cosponsors, 30 Republicans and 11 Democrats. Both bills remain in committee. (The Senate passed a similar bill two years ago, but it never reached the House floor.)
Right off the bat, the legislation seems odd: under what Republican Party theory of limited government does Congress proposes definitions of words simply for consideration for educational purposes? And I thought Republicans don’t like federal involvement in education. We’ll see that the answer is steeped in irony: the stated purpose is to help education agencies to combat racial discrimination.
While the act is directed at education, the resulting law would reach beyond that realm because it would officially stigmatize as anti-Semitic any speech and activity, public and private, said to fall within the definition. Since this would at least chill the open marketplace of ideas, advocates of free speech should be concerned about the content of the definition and its revealing support material. We must not assume that merely because the definition is said to brand something anti-Semitic that it is actually anti-Semitic.
The act states that Title VI of the 1964 Civil Rights Act “prohibits discrimination on the basis of race, color, or national origin” (not, mind you, religion) but that “both the Department of Justice and the Department of Education have properly concluded that title VI prohibits discrimination against Jews, Muslims, Sikhs, and members of other religious groups when the discrimination is based on the group’s actual or perceived shared ancestry or ethnic characteristics or when the discrimination is based on actual or perceived citizenship or residence in a country whose residents share a dominant religion or a distinct religious identity” (emphasis added). Hence, those departments have managed to shoehorn religion into a statute that does not mention religion.
The proposed definition directly comes from a 2010 State Department Fact Sheet, which in turn comes, with some modification, from the International Holocaust Remembrance Alliance (IHRA) “working definition of Anti-Semitism.” The IHRA has 31 member countries, including the United States, and Israel.
Anti-Semitism, according to the IHRA “working definition,” 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.”
This may seem less than helpful — history professor David Feldman, director of the Pears Institute for the Study of Antisemitism at London’s Birkbeck, University, calls it “bewilderingly imprecise — so the IHRA furnished examples (couched in conditional terms such as could and might and to be interpreted by “taking into account the overall context”). And here the problems continue. Writing in the Guardian, Feldman, says of the 11 examples: “Seven deal with criticism of Israel. Some of the points are sensible, some are not. Crucially, there is a danger that the overall effect will place the onus on Israel’s critics to demonstrate they are not antisemitic” (emphasis added). That should be of concern.
Among the possible examples of anti-Semitism quoted from the IHRA document in the State Department Fact Sheet, but with some modification, are:
+ Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, the state of Israel, or even for acts committed by non-Jews. [Emphasis added.]
+ Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interest of their own nations.
+ Drawing comparisons of contemporary Israeli policy to that of the Nazis”
+ Applying double standards by requiring of it [Israel] a behavior not expected or demanded of any other democratic nation.
+ Denying the Jewish people their right to self-determination, and denying Israel the right to exist.
Two things are worth pointing out here. The phrase “the state of Israel” in first example above does not appear in the IHRA list; that version says only, “Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews.” The IHRA does go one to say later that “manifestations might [emphasis added] include the targeting of the state of Israel, conceived as a Jewish collectivity” but immediately cautions that criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic.” The Fact Sheet, which, again, the legislation incorporates, adds, almost as an afterthought, “However, criticism of Israel similar to that leveled against any other country cannot be regarded as anti-Semitic” (italics in original).
Second, the last example differs from the similar IHRA example, which reads, “Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor” (emphasis added). I am unaware of criticism of the Fact Sheet or legislation for this key modification. A similar modification has landed the UK’s Labor Party leadership in hot water. (More below.)
As we’ll see, the inclusion of criticism of Israel in the examples is where much of the danger of this legislation lies. Indeed, Antony Lerman, former director of the Institute for Jewish Policy Research in Britain, who traces the origin and promotion of the IHRA document to the American Jewish Committee and the Simon Wiesenthal Center, both of which routinely conflate criticism of Israel with anti-Semitism, says it was designed to “equate criticisms of Israel with hatred of Jews.” Of course it was; today, being a good anti-anti-Semite, like being a good Jew, means little more than being unswervingly pro-Israel and pro-Israeli repression of Palestinians.
By way of additional background and contrast, the legislation cites a 2010 U.S. Department of Education “Dear Colleague” letter on religious bigotry to state and local educational agencies stating that they “must take prompt and effective steps reasonably calculated to end the harassment, eliminate any hostile environment, and its effects, and prevent the harassment from recurring.” However, the legislation states that letter “did not provide guidance on current manifestations of anti-Semitism, including discriminatory anti-Semitic conduct that is couched as anti-Israel or anti-Zionist” (emphasis added). That’s right: the Education Department did not mention Israel or Zionism in its letter about combating anti-Semitism. So the authors of the legislation seek to “correct” that “shortcoming.”
The legislation goes to state that “anti-Semitism, and harassment on the basis of actual or perceived shared ancestry or ethnic characteristics with a religious group, remains a persistent, disturbing problem in elementary and secondary schools and on college campuses.”
Is that so? It doesn’t ring true. The Pew Research Center “finds that when it comes to religion, Americans generally express more positive feelings toward various religious groups [including Jews] today than they did just a few years ago. Asked to rate a variety of groups on a ‘feeling thermometer’ ranging from 0 to 100, U.S. adults give nearly all groups warmer ratings than they did in a June 2014 Pew Research Center survey.” For all age groups, atheists and Muslims rank far below Jews. (In another survey, Muslims ranked below atheists.) For Americans 30 years and up, Jews rank at or near the top, and the score has risen since 2014. For Americans 18-29, Jews rank just below top-ranking Buddhists, Catholics, and Hindus. No religious group scored more than 69 “degrees” except for, among people 65 and older, Mainline Protestants, Jews, and Catholics, who scored in the 70s. Where’s the widespread anti-Semitism?
And where’s the evidence of growing anti-Semitism on college campuses? The legislation “finds” that “students from a range of diverse backgrounds, including Jewish, Arab Muslim, and Sikh students, are being threatened, harassed, or intimidated in their schools,” but it would be interesting to see the groups broken out. One suspects the atmosphere on campus is more hostile to Arab and Muslim professors and students than to Jews. (See examples here and here.) And we cannot discount the likelihood that criticism of Israel is simply interpreted as criticism of Jews qua Jews. Indeed, the lead author of the IHRA definition, Kenneth Stern, said last year in congressional testimony that it is untrue that “antisemitism on campus is an epidemic. Far from it. There are thousands of campuses in the United States, and in very few is antisemitism – or anti-Israel animus – an issue.”
Anti-Semitism exists, of course, but it’s clearly confined to the fringes of American society…
Con’t to Source: Defining Anti-Semitism, Threatening Free Speech