Antisemitism Redefinition

Originally a bill about small business assistance, HB 2282 was amended in the Senate to become an antisemitism redefinition bill that requires public schools to use the distorted IHRA definition and its problematic examples of antisemitism when teaching students about the Holocaust. The IHRA definition would encompass nearly all criticism of Israel, circumscribing protected political speech. The definition includes examples that conflate criticism with Israel with antisemitism, such as “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” and “Applying double standards by requiring of [Israel] a behavior not expected or demanded of any other democratic nation.” The amended version passed in the Senate, but failed to move forward in the House.

HB 3257 is an antisemitism redefinition bill that incorporates the problematic examples found in the distorted IHRA definition of antisemitism and establishes the Texas Holocaust, Genocide, and Antisemitism Advisory Commission. The IHRA definition’s contemporary examples conflate criticism of Israel with antisemitism and include “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” and “Applying double standards by requiring of [Israel] a behavior not expected or demanded of any other democratic nation.” The bill requires the advisory commission to prepare a biennial report on antisemitism in Texas based on this definition and to provide advice and assistance to public and private educational institutions regarding methods of combating antisemitism. The law went into effect in September 2021. 

This antisemitism redefinition bill amends provisions of the state’s Human Rights Act applicable to public schools and universities to adopt a distorted definition of antisemitism that could encompass any and all criticism of Israel, circumscribing protected political speech activities. The bill makes it a civil rights violation for schools to fail to treat antisemitic discrimination in the same way as race discrimination and defines antisemitism to include criticism of Israel, such as: “Applying a double standard to the State of Israel by requiring behavior of the State of Israel that is not expected or demanded of any other democratic nation, or focusing peace or human rights investigations only on the State of Israel.” An identical bill (HB 4049) failed to pass in the previous session.

This antisemitism redefinition bill requires Bal Harbour police to consider a distorted definition of antisemitism in hate crimes investigations. Under this definition, police could use criticism of Israel and advocacy for Palestinian rights as evidence of a hate crime. 

S 10, titled the Anti-Semitism Awareness Act of 2016, is an antisemitism redefinition bill that directs the U.S. Department of Education to consider the distorted definition of antisemitism found in the 2010 US State Department fact sheet on “Defining Anti-Semitism,” including its contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The State Department definition and its problematic contemporary examples falsely conflate political criticism of Israel with antisemitism. For example, under the State Department definition, “multilateral organizations focusing on Israel only for peace or human rights investigations” may be considered evidence of antisemitic intent. Advocates and civil liberties groups have raised serious concerns about the bill’s chilling effects on constitutionally protected political expression. Related legislation: HR 6421.

HR 6421, titled the Anti-Semitism Awareness Act of 2016, is an antisemitism redefinition bill that directs the U.S. Department of Education to consider the distorted definition of antisemitism found in the 2010 US State Department fact sheet on “Defining Anti-Semitism,” including its contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The State Department definition and its problematic contemporary examples falsely conflate political criticism of Israel with antisemitism. For example, under the State Department definition, “multilateral organizations focusing on Israel only for peace or human rights investigations” may be considered evidence of antisemitic intent. Advocates and civil liberties groups have raised serious concerns about the bill’s chilling effects on constitutionally protected political expression. Related legislation: S 10.

S 2940, titled the Anti-Semitism Awareness Act of 2018, is an antisemitism redefinition bill that directs the U.S. Department of Education to consider the distorted definition of antisemitism found in the 2010 US State Department fact sheet on “Defining Anti-Semitism,” including its contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The State Department definition and its problematic contemporary examples falsely conflate political criticism of Israel with antisemitism. For example, under the State Department definition, “multilateral organizations focusing on Israel only for peace or human rights investigations” may be considered evidence of antisemitic intent. Advocates and civil liberties groups have raised serious concerns about the bill’s chilling effects on constitutionally protected political expression. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421). Related legislation: HR 5924.

HR 5924, titled the Anti-Semitism Awareness Act of 2018, is an antisemitism redefinition bill that directs the U.S. Department of Education to consider the distorted definition of antisemitism found in the 2010 US State Department fact sheet on “Defining Anti-Semitism,” including its contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The State Department definition and its problematic contemporary examples falsely conflate political criticism of Israel with antisemitism. For example, under the State Department definition, “multilateral organizations focusing on Israel only for peace or human rights investigations” may be considered evidence of antisemitic intent. Advocates and civil liberties groups have raised serious concerns about the bill’s chilling effects on constitutionally protected political expression. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421). Related legislation: S 2940.

S 852 is an antisemitism redefinition bill titled the Anti-Semitism Awareness Act of 2019. This bill directs the U.S. Department of Education to consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA), including the contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The IHRA definition and the problematic contemporary examples falsely conflate political criticism of Israel with antisemitism and are so broad and vague they could encompass virtually all criticism of Israel and Israeli government policies. The bill adds no new legal protections for Jewish students, but will likely be used to justify federal investigations into Palestine activism on campuses. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421) and 2018 (S 2940, HR 5924). In December 2019, Donald Trump signed an executive order (EO 13899) adopting this distorted definition. Related legislation: HR 4009 (2019).

HR 4009 is an antisemitism redefinition bill titled the Anti-Semitism Awareness Act of 2019. This bill directs the U.S. Department of Education to consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA), including the contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The IHRA definition and the problematic contemporary examples falsely conflate political criticism of Israel with antisemitism and are so broad and vague they could encompass virtually all criticism of Israel and Israeli government policies. The bill adds no new legal protections for Jewish students, but will likely be used to justify federal investigations into Palestine activism on campuses. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421) and 2018 (S 2940, HR 5924). In December 2019, Donald Trump signed an executive order (EO 13899) adopting this distorted definition. Related legislation: S 852.