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senate Bill S. 852

Should 'Anti-Semitism' Be Defined Under Federal Civil Rights Law?

Argument in favor

Anti-Semitism is on the rise across the U.S., including on college campuses. It’s important to keep students safe by ensuring that anti-Semitic acts are punished accordingly. Properly defining “anti-Semitism” will ensure federal law enforcement officials know what to look for.

Alex's Opinion
···
06/21/2019
Why are we even asking such a ridiculous question? Why aren’t any hateful acts against anyone already illegal?
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SneakyPete's Opinion
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06/21/2019
👍🏻Senate Bill S.852 AKA the Anti-Semitism Awareness Act of 2019👍🏻 I support and recommend the passage of the Senate Bill S. the Anti-Semitism Awareness Act of 2019 which would aim to combat anti-Semitism taking place on college campuses. It would use the International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism, which includes the demonization and delegitimization of Israel, and mentions that subjecting Israel to a double standard is an example of anti-Semitism. It’d direct the Department of Education (DOE) to use this definition of anti-Semitism when it’s reviewing whether there’s a violation of Title VI of the 1964 Civil Rights Act on campus. Anti-Semitism is on the rise across the U.S., including on college campuses. It’s important to keep students safe by ensuring that anti-Semitic acts are punished accordingly. Properly defining “anti-Semitism” will ensure federal law enforcement officials know what to look for. SneakyPete..... 👍🏻👍🏻 S.852 👍🏻👍🏻. 6.21.19.....
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Christa's Opinion
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06/21/2019
Yes so should ableism and we should recognize that everyone deserves protection work insurance and housing suitable for human beings
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Argument opposed

Title VI of the Civil Rights Act already explicitly prohibits discrimination against Jewish people. Adding the State Dept.’s definition of anti-Semitism would only create a chilling effect on college campuses, making legitimate criticisms of Israel into federal civil rights violations.

jimK's Opinion
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06/21/2019
I believe that discrimination against anyone due to religion, race or heritage needs to be vigorously opposed by our government. Hate based protests and fear mongering of any kind needs to be stopped. However, I do not think it appropriate to single out a single “group” of people the way this bill does. I am particularly troubled by legislation that could be interpreted to protect another sovereign nation (Israel) from legitimate criticism in ways that is not afforded to other nations or “groups” of people. If, for example, we applied this standard to our own country- rallies chanting “Lock her up” could be interpreted as illegal. We all know that this was unethical and immoral- but our country allows even unreasonable dissent to be heard. Why should another sovereign nation receive more protection from irrational dissent than our own?
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burrkitty's Opinion
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06/21/2019
I am Jewish. This bill isn’t even about protecting Jews. This bill is about protecting the government of Israel. Anti-Semitism is discrimination against Jews. Anti-semitism is NOT THE SAME as criticizing the government of Israel. Israel is not all Jews. Israel’s government is not representative of all Jews, Israelis government can be wrong, and not all Jews agree with Israel’s government actions. As long as it is abundantly clear that “the Jewish people” which are a culture, a distinct genetic cluster, and a religion are not conflated with “the government of Israel” then please go ahead. Certainly as a Jew myself in a predominantly Baptist area I have experienced discrimination because I’m Jewish. But I also certainly have criticism for the actions of the government of Israel and that is not the same thing as anti-Semitism.
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Kodiwodi's Opinion
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06/21/2019
No. This smacks of politics, not civil rights. Were this to define anti-Islam, anti-Christian, anti-Hindu, anti-Palestinian, anti-Mexican, anti LGBTQ and on and on and on it might be different, but it doesn’t.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on Health, Education, Labor, and Pensions
    IntroducedMarch 14th, 2019

What is Senate Bill S. 852?

This bill — the Anti-Semitism Awareness Act of 2019 — would aim to combat anti-Semitism taking place on college campuses. It would use the International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism, which includes the demonization and delegitimization of Israel, and mentions that subjecting Israel to a double standard is an example of anti-Semitism. It’d direct the Department of Education (DOE) to use this definition of anti-Semitism when it’s reviewing whether there’s a violation of Title VI of the 1964 Civil Rights Act on campus.

Among the actions that this bill would consider anti-Semitic are:

  • Calling for, aiding or justifying the killing or harming of Jews.
  • Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust.
  • Demonizing Israel by blaming it for all interreligious or political tensions.
  • Judging Israel by a double standard that one would not apply to any other democratic nation.

Impact

College campuses; speech on college campuses; college students; Jewish people; Israel; Dept. of Education; and Title VI of the 1964 CIvil Rights Act.

Cost of Senate Bill S. 852

A CBO cost estimate is unavailable.

More Information

In-DepthSen. Tim Scott (R-SC) reintroduced this bill from the 115th Congress to combat anti-Semitism:

“In 2016, I first introduced the bipartisan Anti-Semitism Awareness Act and look forward to joining my colleagues in reintroducing it this Congress. It is crucial to have clear and concise language defining anti-Semitism in the event that violence and hatred occurs. The unfortunate rise in these incidents across the country must be met with swift and unwavering condemnation. We must stand together against racism and bigotry by ensuring that justice is served against those who seek to divide us.”

In an interview with FOX News, Sen. Scott added that clarifying the definition of “anti-Semitism” would “allow the [Trump] administration to rein in that kind of discriminatory behavior” while allowing individuals to “still assemble, still have conversations, [and] still even disagree.” Scott added, “You don’t have to actually like folks, you don’t have to actually speak in an effective manner, but we do have to understand where the boundaries are on that kind of conversation on college campuses, especially when it leads to incidents.”

Original cosponsor Sen. Bob Casey (D-PA) adds:

"The rise in incidents of religious discrimination and religiously-motivated hate crimes around the world is completely unacceptable. We have to not only condemn it, but work to stop it. This legislation is aimed at a particularly troubling manifestation of the growing problem of discrimination against those of Jewish faith or Jewish ancestry. I’m proud to work with Senator Scott on this bill, which aims to combat anti-Semitism and help investigate illegal discrimination on college campuses.”

The Anti-Defamation League supports this bill. Its CEO, Jonathan Greenblatt, says:

“Today, the federal government does not have all of the tools it needs to investigate anti-Semitic incidents on campus, as it does for most other forms of discrimination. At a time of rising anti-Semitic incidents, we welcome the Senate’s introduction of the Anti-Semitism Awareness Act, which provides important guidance for federal anti-discrimination investigations involving anti-Semitism. This will help the federal government determine whether an anti-Semitic or anti-Israel incident crosses the line from protected free expression into harassing, unlawful or discriminatory conduct, because investigations would be informed by the current, widely accepted definition of anti-Semitism. We applaud Senators Scott's and Casey's leadership in sponsoring this important legislation, which will help protect Jewish students from discrimination on campus, while not infringing on the free speech of all students.”

Defending Rights & Dissent, an organization that strengthens participatory democracy by “protecting the right to political expression,” argues that this bill is aimed at silencing supporters of Palestinian human rights. It argues that this bill would force the Dept. of Education “to adopt a definition of anti-semitism that conflates criticism of Israel with anti-semitism. This would mean student activism for Palestinian rights could be treated as a violation of federal civil rights law.” Defending Rights and Democracy continues:

“Anti-semitism is deplorable. And people should be aware of it. But this bill isn’t about combating anti-semitism, it’s about perverting federal civil rights law to silence supporters of Palestinian civil rights.”

FIRE, an organization that seeks to defend and sustain the individual rights of students and faculty members at America’s colleges and universities, adds that incorporating the State Dept.’s definition of anti-Semitism threatens First Amendment-protected speech:

“The State Department definition is problematically vague — it targets ‘a certain perception of Jews, which may be expressed as hatred toward Jews’— and broad enough to allow for the investigation and punishment of core political speech, such as the criticism of Israeli policy. Synchronizing the Department of Education’s review of alleged Title VI violations with this unbounded definition places campus speech rights at risk.”

CAIR contends that expanding Title VI’s scope to include the IHRA’s definition of anti-Semitism would “dangerously politicize anti-Semitism by equating it with legitimate criticism of Israeli policy.” CAIR’s National Executive Director, Nihad Awad, adds:

“By equating criticism of the governmental policies of the state of Israel with the horrific and pervasive pain of anti-Semitism, the falsely-titled Anti-Semitism Awareness Act of 2019 politicizes and trivializes the very real discrimination faced by thousands of American Jews. We have seen a spike in anti-Semitic hate crimes and vandalism recently and a decisive policy solution is needed to combat this disturbing trend and root out bigotry. Criminalizing free speech that targets the abusive policies of a foreign government is not that solution.”

Kenneth Stern, the State Dept. definition’s lead author, has also opposed its use for this legislation. In a 2016 New York Times article, he wrote, “The definition was intended for data collectors writing reports about anti-Semitism in Europe. It was never supposed to curtail speech on campus.”

This bill has six bipartisan Senate cosponsors, including four Democrats and two Republicans, in the 116th Congress. In the 115th Congress, this bill had five bipartisan Senate cosponsors, including three Democrats and two Republicans, and didn’t see committee action. A House bill in the 115th Congress, sponsored by Rep. Peter Roskam (R-IL) with the support of 50 bipartisan cosponsors, including 35 Republicans and 15 Democrats, also failed to see committee action. In the 114th Congress, this bill passed the Senate, but the House didn’t vote on it due to time constraints.

This bill has the support of the Jewish Federations of North America, Anti-Defamation League, CUFI, the Simon Wiesenthal Center, StandWithUs, ACT for America, American-Israeli Public Affairs Committee (AIPAC), and the Brandeis Center for Human Rights.


Of NoteThe Anti-Defamation League reports that there were 204 reported incidents of anti-Semitic events on campuses in 2017 — nearly double the number of incidents (108) reported in 2016. Multiple student protests and student governments have pushed for Boycott, Divestment, and Sanctions measures. These measures are viewed by many pro-Israel individuals and groups as anti-Semitic. In early 2019, the University of North Carolina-Asheville invited Women's March co-president Tamika Mallory to speak during the school's Martin Luther King, Jr. Week. Mallory has endorsed Minister Louis Farrakhan, who has called Adolf Hitler a “very great man” and compared Jewish people to “termites.”

Title VI of the 1964 Civil Rights Act states that “discrimination on the basis of race, color, or national origin” is prohibited.


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / tzahiV)

AKA

Anti-Semitism Awareness Act of 2019

Official Title

A bill to provide for the consideration of a definition of anti-Semitism for the enforcement of Federal antidiscrimination laws concerning education programs or activities.

    Are nazis bad? Yes! They are
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    I believe that discrimination against anyone due to religion, race or heritage needs to be vigorously opposed by our government. Hate based protests and fear mongering of any kind needs to be stopped. However, I do not think it appropriate to single out a single “group” of people the way this bill does. I am particularly troubled by legislation that could be interpreted to protect another sovereign nation (Israel) from legitimate criticism in ways that is not afforded to other nations or “groups” of people. If, for example, we applied this standard to our own country- rallies chanting “Lock her up” could be interpreted as illegal. We all know that this was unethical and immoral- but our country allows even unreasonable dissent to be heard. Why should another sovereign nation receive more protection from irrational dissent than our own?
    Like (124)
    Follow
    Share
    I am Jewish. This bill isn’t even about protecting Jews. This bill is about protecting the government of Israel. Anti-Semitism is discrimination against Jews. Anti-semitism is NOT THE SAME as criticizing the government of Israel. Israel is not all Jews. Israel’s government is not representative of all Jews, Israelis government can be wrong, and not all Jews agree with Israel’s government actions. As long as it is abundantly clear that “the Jewish people” which are a culture, a distinct genetic cluster, and a religion are not conflated with “the government of Israel” then please go ahead. Certainly as a Jew myself in a predominantly Baptist area I have experienced discrimination because I’m Jewish. But I also certainly have criticism for the actions of the government of Israel and that is not the same thing as anti-Semitism.
    Like (87)
    Follow
    Share
    No. This smacks of politics, not civil rights. Were this to define anti-Islam, anti-Christian, anti-Hindu, anti-Palestinian, anti-Mexican, anti LGBTQ and on and on and on it might be different, but it doesn’t.
    Like (57)
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    By equating criticism of the governmental policies of the state of Israel with the horrific and pervasive pain of anti-Semitism, the falsely-titled Anti-Semitism Awareness Act of 2019 politicizes and trivializes the very real discrimination faced by thousands of American Jews. We have seen a spike in anti-Semitic hate crimes and vandalism recently and a decisive policy solution is needed to combat this disturbing trend and root out bigotry. Criminalizing free speech that targets the abusive policies of a foreign government is not that solution.
    Like (46)
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    Why are we even asking such a ridiculous question? Why aren’t any hateful acts against anyone already illegal?
    Like (30)
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    I’m Jewish but the Anti-Semitism Awareness Act of 2019 sounds like a sneaky way to outlaw legitimate criticism of the Israeli government. If that’s the case then Jews like myself who express concerns about Israel will get in trouble because of this law, which would be cruel and ridiculous.
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    I would normally say that sometimes we need to put into writing that a group is protected. But where this bill goes wrong is all the language about Israel. This seems like pandering to a specific group of evangelicals who have very specific beliefs about the nation of Israel. In the end, I feel this bill would suppress the voices who are speaking out against the atrocities that Israel is committing against its non-Jewish citizens. One can speak out against a group or nation’s atrocities without being racist.
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    This just seems like yet another way to prohibit people from criticizing Israel for its government’s treatment of Palistinian people. No deal.
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    This bill seems redundant and a thinly veiled attempt to squash critics of Israel’s policies toward Palestine.
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    Some Americans are still waiting to be included in Civil Rights Law. It doesn't protect gay, lesbian, transgender, queer, intersex people at all. I support protections for Jewish people, but they at least have their names in the law.
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    I cannot support the language of this bill. Criticism of the current Israeli regime doesn’t constitute anti Semitism. Why are they the only country this government says has the right to exist?
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    I find it hard to support this, not because I am personally anti-Semitic, but because I think it should be acceptable to criticize Israel without that free speech being perceived as anti-Semitic. I don’t support any hate speech against any group of people unless it is directed at people who are naturally inclined to hate. Speaking disrespectfully about those who hate is a fine expression of displeasure with the intolerant, no matter which group it is you are talking about.
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    👍🏻Senate Bill S.852 AKA the Anti-Semitism Awareness Act of 2019👍🏻 I support and recommend the passage of the Senate Bill S. the Anti-Semitism Awareness Act of 2019 which would aim to combat anti-Semitism taking place on college campuses. It would use the International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism, which includes the demonization and delegitimization of Israel, and mentions that subjecting Israel to a double standard is an example of anti-Semitism. It’d direct the Department of Education (DOE) to use this definition of anti-Semitism when it’s reviewing whether there’s a violation of Title VI of the 1964 Civil Rights Act on campus. Anti-Semitism is on the rise across the U.S., including on college campuses. It’s important to keep students safe by ensuring that anti-Semitic acts are punished accordingly. Properly defining “anti-Semitism” will ensure federal law enforcement officials know what to look for. SneakyPete..... 👍🏻👍🏻 S.852 👍🏻👍🏻. 6.21.19.....
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    Let's properly define all levels of discrimination first, so we don't prioritize the Zionist narrative.
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    The problem with this is the lack of separation of hatred of a person based on race, sex, or religion, and the dislike of or opposition to a nation’s policies. In the case of anti semitism, just because you don’t agree with Israel’s policies doesn’t mean you hate the people.
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    Yes so should ableism and we should recognize that everyone deserves protection work insurance and housing suitable for human beings
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    While Anti-Semitism is a major issue in the United States and all across the world, this bill is a thinly veiled attempt to protect Israel from criticism
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    While I’m against Anti-Semitism, I think this bill is too narrow. It should be much more broad, and include other things that we also know are wrong. If we’re going to do something good, let’s not do it in half measures.
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    This bill is all about politics. It’s misleading. Say no to this bill.
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