WASHINGTON, D.C. (Press Release)– U.S. Representatives Peter J. Roskam (R-IL) and Ted Deutch (D-FL) introduced bipartisan legislation to combat the rising tide of anti-Semitism at our nation’s college campuses. The Anti-Semitism Awareness Act broadens the Department of Education’s (DOE) criteria to include all forms of discrimination against Jews, including extreme anti-Zionism and anti-Israel harassment. This legislation will equip the DOE to accurately identify, investigate, and punish all forms of Jew-hatred.
A similar bill was approved unanimously in the U.S. Senate on Thursday. It was sponsored by Senators Bob Casey (D-PA) and Tim Scott (R-SC).
Anti-Semitic attacks on college campuses have nearly doubled in recent years according to recent reports. Although the DOE’s Office for Civil Rights has actively combated these incidents, the Department lacks firm statutory guidance on how to define anti-Semitism. By codifying the definition of anti-Semitism adopted by the U.S. State Department’s Special Envoy to Monitor and Combat Anti-Semitism, this legislation will enable the DOE to protect students from the most insidious and modern forms of anti-Semitism, which are often masked as anti-Zionism.
Per the State Department’s definition of anti-Semitism, shared by the European Parliament Working Group, “[a]nti-Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
Examples of anti-Semitism under this definition include the following:
- Calling for, aiding, or justifying the killing or harming of Jews
- Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as a collective.
- Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust.
- 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.
The State Department’s definition also defines the three “Ds,” which indicate when anti-Israel rhetoric is indeed anti-Semitic:
DEMONIZE ISRAEL:
- Using the symbols and images associated with classic anti-Semitism to characterize Israel or Israelis
- Drawing comparisons of contemporary Israeli policy to that of the Nazis
DOUBLE STANDARD FOR ISRAEL:
- Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation
- Multilateral organizations focusing on Israel only for peace or human rights investigations
DELEGITIMIZE ISRAEL:
- Denying the Jewish people their right to self-determination, and denying Israel the right to exist
See the full State Department definition here.
Reps. Nita Lowey (D-NY), Chris Smith (R-NJ), Eliot Engel (D-NY), Ileana Ros-Lehtinen (R-FL), Kay Granger (R-TX), and Steve Israel (D-NY), who serve alongside Reps. Roskam and Deutch as Co-Chairs of the House of Representatives Bipartisan Taskforce for Combating Anti-Semitism, are original co-sponsors of the legislation.
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Preceding provided by Congressman Roskam.
Tammi Rossman-Benjamin, AMCHA Initiative co-founder and director, issued the following statement applauding the U.S. Senate and Senators Bob Casey (D-PA) and Tim Scott (R-SC), the bill authors, for passing the bipartisan Anti-Semitism Awareness Act late yesterday:
“We applaud the Senate for unanimously passing the Anti-Semitism Awareness Act and for understanding that giving the Department of Education a proper definition of contemporary anti-Semitism is key to combating and preventing anti-Jewish bigotry on campus. This missing link has long been a huge obstacle in the effort to stem the alarming rise of campus anti-Semitism. And we strongly commend Senators Casey and Scott for authoring and introducing this critical measure.
“What is happening to Jewish students on campuses coast to coast is ugly and frightening and it is only getting worse. And sadly it is coming from all sides. In the past month, we have documented a huge uptick in incidents involving classic, anti-Jewish stereotypes. But for many years the spike in anti-Semitism on campus has been linked to extreme anti-Israel activity, especially BDS campaigns. Our 2016 mid-year study of top 100 universities by Jewish population found a 45% increase in campus anti-Semitism as compared with the same period in 2015. And the suppression of Jewish students’ speech and the disruption and/or shutting down of Jewish events by protestors nearly doubled compared with years past. Our research showed that the presence of BDS activities, anti-Zionist student groups and anti-Zionist faculty were the strongest predictors of anti-Semitism on campus.
“The State Department’s definition, a definition endorsed by the world’s leading scholars of anti-Semitism, is the only definition that encapsulates the way anti-Semitism presents itself on campus today, including those acts that cross the line from criticism of Israel into blatant anti-Semitism, and having the Department of Education begin using it is long overdue. We look forward to helping Representatives Roskam, Deutch, Lowey, Engel, Ros-Lehtinen, Granger, Israel, and Smith, the co-chairs of the Bipartisan Task Force for Combating Anti-Semitism, pass this legislation in the House. These Senators and Representatives have been true leaders in the battle to protect Jewish students.”
The Anti-Defamation League issued this statement:
The Anti-Defamation League (ADL) today hailed Senate passage of the Anti-Semitism Awareness Act, legislation which provides important guidance for the Department of Education and the Department of Justice for federal anti-discrimination investigations involving anti-Semitism, including on campus.
The act addresses a core concern of Jewish and pro-Israel students and parents: When does the expression of anti-Semitism, anti-Israel sentiment and anti-Zionist beliefs cross the line from First Amendment protected free expression to unlawful discriminatory conduct?
ADL played a central role in working with U.S. Senators Tim Scott (R-SC) and Bob Casey (D-PA) in crafting and promoting the legislation. The League also urged the House of Representatives to approve the legislation before adjournment later this month.
“We welcome Senate passage of this important legislation, which will help the Department of Education and Department of Justice to effectively determine whether an investigation of an incident of anti-Semitism is warranted under federal education anti-discrimination laws,” said Jonathan A. Greenblatt, ADL CEO. “This act addresses a core concern of Jewish and pro-Israel students and parents: When does the expression of anti-Semitism, anti-Israel sentiment and anti-Zionist beliefs cross the line from First Amendment protected free expression to unlawful, discriminatory conduct.”
The legislation builds on a welcome Department of Education Office for Civil Rights (OCR) October 2010 Dear Colleague letter to all schools which described their responsibilities to prevent and remedy instances of discriminatory harassment, including, in some circumstances, harassment on the basis of religion. ADL and a dozen other Jewish groups had urged such OCR action to protect Jewish students from anti-Semitic harassment, intimidation and discrimination in a March 2010 letter. This legislation uses a 2010 definition of anti-Semitism developed by the State Department’s Special Envoy to Monitor and Combat Anti-Semitism as a reference point that can be useful in their cases, including select instances when discriminatory anti-Semitic conduct may be couched as anti-Israel or anti-Zionist. The legislation instructs the Department of Education to draw on this definition as part of its assessment of whether incidents are motivated by anti-Semitism when investigating possible violations of Title VI of the Civil Rights Act of 1964 based on individuals’ Jewish heritage or ethnicity. The legislation takes great pains to protect freedom of expression.
“To effectively address reported anti-Jewish incidents that may violate federal education anti-discrimination laws, it is necessary to understand the evolving, current manifestations of anti-Semitism,” Mr. Greenblatt said. “The State Department definition includes useful illustrative examples and can be an important resource. However, it is also vital to accurately distinguish protected speech – including disagreement and even harsh criticism of the government of Israel – from harassing, intimidating, and discriminatory anti-Semitism.”
The legislation will not change the substantive rights or obligations under Title VI. But utilizing the State Department definition can help guide the Department of Education and the Department of Justice in understanding the changing nature of anti-Semitism in order to more effectively determine whether possible legal violations were motivated by targeted anti-Jewish animus.