Defeated

This antisemitism redefinition bill requires the state, including state and local agencies, to consider a distorted definition of antisemitism to determine whether there has been a violation of state anti-discrimination laws. The bill defines antisemitism to include IHRA definition and its contemporary examples related to Israel, which include: “claiming that the existence of a State of Israel is a racist endeavor” and “applying double standards” to Israel. The definition conflates criticism of Israel with anti-Jewish hatred, circumscribing political speech in support of Palestinian rights potentially in violation of the First Amendment.

South Carolina has passed similar provisions that apply to discrimination in the public education system as part of its annual budget bills since 2018 (H4950, H4000). HB 5287 would codify this problematic definition and expand its use beyond the education context to all state agencies. 

The lead sponsor of HB 5287, Rep. Alan Clemmons, has advocated for legislation aimed at silencing advocates for Palestinian rights as a board member and former chairman of ALEC, the rightwing bill mill that has pushed numerous racist policies, including Stand Your Ground laws and anti-pipeline protest laws. 

This antisemitism redefinition provision requires South Carolina public colleges and universities to consider a distorted definition of antisemitism to determine whether there has been a violation of policies prohibiting discrimination on the basis of religion. The bill includes some contemporary examples related to Israel, such as: “applying double standards,” “multilateral organizations focusing on Israel only for peace or human rights investigations,”  and “denying Israel the right to exist.” The definition is so broad and vague that it could encompass any and all criticism of Israel, circumscribing political speech in support of Palestinian rights, potentially in violation of the First Amendment.

The provisions were attached as a rider to the 2020-2021 appropriations bill. Similar provisions were passed in the 2018-2019 (H4950) and 2019-2020 (H4000) budgets, which expire at the end of the fiscal year. Standalone bills attempting to codify the distorted definition have failed (H3643, H5287).

This antisemitism redefinition bill requires South Carolina public colleges and universities to consider a distorted definition of antisemitism to determine whether there has been a violation of policies prohibiting discrimination on the basis of religion. The bill adopts the 2010 US State Department fact sheet definition of antisemitism, including its contemporary examples related to Israel of “demoniz[ing] Israel,” applying a “double standard for Israel,” including by “[m]ultilateral organizations focusing on Israel only for peace or human rights investigations,”  and “delegitimiz[ing] Israel.” The bill was defeated after activists and legal organizations raised concerns that it would require public colleges and universities to censor and suppress Palestine advocacy in violation of the First Amendment. Related legislation: H4950.

This non-binding resolution opposes United Nations Security Council Resolution 2234, claiming it lends legitimacy to “unjustified boycotts or divestment campaigns against Israel.” UN Security Council Resolution 2334 reaffirmed that Israel’s illegal settlements constitute a flagrant violation of international law. The US broke from its practice of blocking UN accountability measures focused on Israel and abstained rather than vetoing the resolution, causing consternation among pro-Israel groups. 

This non-binding resolution condemns BDS, finding it “to be an antisemitic political movement.” The resolution falsely links boycotts for Palestinian rights with rising antisemitism, referencing the Pittsburgh synagogue shooting carried out by a white nationalist. The resolution calls on all states to adopt anti-boycott laws like the one that Pennsylvania has in effect (HB 2107).

This anti-boycott defunding bill prohibits state institutions of higher education from using state aid to fund or provide funds for membership in or travel to meetings of academic entities that engage in boycotts of countries that host New York state colleges, a short list that includes Israel. Schools that violate the prohibition are not eligible to receive state funds during the academic year in which the violation occurred. The bill provides exceptions for boycotts of countries determined by the United States to be state sponsors of terrorism, boycotts connected with labor disputes, or boycotts protesting unlawful discriminatory practices as determined by New York law. 

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of Israel or companies based in Israel or territories it occupies. The bill requires the state to create a blacklist of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The state comptroller and public retirement funds are prohibited from investing in entities engaged in prohibited boycotts. 

This anti-boycott defunding bill directs the trustees of New York’s public colleges and universities to prohibit funding student groups that directly or indirectly promote or encourage boycotts of any allied nation or companies based in an allied nation, including Israel and the territories it occupies. The bill includes boycotts intended to penalize or “cast disrepute upon” an allied nation, its peoples, or businesses based there, but its funding prohibitions are limited to boycotts “based on race, class, gender, nationality, ethnic origin or religion,” which should exclude boycotts for Palestinian rights.

This anti-boycott bill prohibits state investment in and state contracts with any person, including individuals, corporations, and nonprofits, that boycott allied nations, including Israel and the territories it occupies. The bill requires the state to create a blacklist of persons engaged in such boycotts and prohibits the state comptroller and public retirement funds from investing in blacklisted entities. State agencies may not enter into contracts with blacklisted companies, and contractors must provide written certification that they are not on the blacklist and have not engaged in prohibited boycotts. The bill permits contracts with blacklisted entities on a case-by-case basis, where the entity publicizes a plan to stop their boycott and promises not to engage in any new boycotts or where the services are necessary for the state agency to function.

This anti-boycott defunding bill directs the trustees of New York’s public colleges and universities to prohibit funding student groups that directly or indirectly promote or encourage boycotts of any allied nation or companies based in an allied nation, including Israel and the territories it occupies. The bill includes boycotts intended to penalize or “cast disrepute upon” an allied nation, its peoples, or businesses based there, but its funding prohibitions are limited to boycotts “based on race, class, gender, nationality, ethnic origin or religion,” which should exclude boycotts for Palestinian rights.