Antisemitism Redefinition

This antisemitism redefinition executive order was signed by Donald Trump on December 11, 2019. The order directs government agencies charged with enforcing Title VI of the Civil Rights Act, including the Department of Education, to consider a distorted definition of antisemitism designed to censor advocacy for Palestinian rights. Attempts to pass similar legislation in Congress have failed to date (S 852, HR 4009 (2019), S 2940, HR 5924, S 10, HR 6421) following criticism from activists and civil liberties groups over the legislation’s clear encroachment on political speech.

The order incorporates the International Holocaust Remembrance Alliance (IHRA) definition and its problematic contemporary examples, which falsely conflate political criticism of Israel with antisemitism. Past efforts to deploy the redefinition to silence advocacy for Palestinian rights leave little doubt that the order will be used to justify federal investigations into Palestine activism on campuses while adding no new legal protections for Jewish or other students affected by a resurgence of violent white nationalist antisemitism and racism. Since the order was signed, there has been an uptick in federal complaints and investigations against campus Palestine advocacy.

This antisemitism redefinition bill amends Virginia’s Human Rights Act to adopt the 2010 US State Department fact sheet definition of antisemitism, including the contemporary examples related to Israel of “demonizing Israel,” “applying a double standard to Israel,” and “delegitimizing Israel.” The bill requires the consideration of this distorted definition when investigating discrimination complaints under the Human Rights Act or in the context of public institutions of higher education, meaning that political speech supportive of Palestinian rights could be deemed unlawful discrimination in the workplace, in public accommodations, and in educational institutions in Virginia.

This antisemitism redefinition bill requires public educational institutions to consider a distorted definition of antisemitism to determine whether there has been a violation of anti-discrimination laws and policies in Tennessee’s public schools and universities. The bill adopts the 2010 US State Department fact sheet definition of antisemitism, including its contemporary examples related to Israel: “[d]emonizing of Israel,” “[s]etting double standards for Israel,” including by “[f]ocusing, by multilateral organizations, on Israel only for peace or human rights investigations,” and “[d]elegitimizing Israel.” 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. Related Bill: HB 600.

This antisemitism redefinition bill requires public educational institutions to consider a distorted definition of antisemitism to determine whether there has been a violation of anti-discrimination laws and policies in Tennessee’s public schools and universities. The bill adopts the 2010 US State Department fact sheet definition of antisemitism, including its contemporary examples related to Israel: “[d]emonizing of Israel,” “[s]etting double standards for Israel,” including by “[f]ocusing, by multilateral organizations, on Israel only for peace or human rights investigations,” and “[d]elegitimizing Israel.” 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. Related Bill: SB 1250.

This antisemitism redefinition bill requires public educational institutions to consider a distorted definition of antisemitism to determine whether there has been a violation of anti-discrimination laws and policies in Tennessee’s public schools and universities. The bill adopts the 2010 US State Department fact sheet definition of antisemitism, including its contemporary examples related to Israel: “[d]emonizing of Israel,” “[s]etting double standards for Israel,” including by “[f]ocusing, by multilateral organizations, on Israel only for peace or human rights investigations,” and “[d]elegitimizing Israel.” 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. Related bills: SB 2389, HB 2357.

This antisemitism redefinition bill requires public educational institutions to consider a distorted definition of antisemitism to determine whether there has been a violation of anti-discrimination laws and policies in Tennessee’s public schools and universities. The bill adopts the 2010 US State Department fact sheet definition of antisemitism, including its contemporary examples related to Israel: “[d]emonizing of Israel,” “[s]etting double standards for Israel,” including by “[f]ocusing, by multilateral organizations, on Israel only for peace or human rights investigations,” and “[d]elegitimizing Israel.” 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. Related Bills: HB 2357 (companion), SB 2139.

This antisemitism redefinition bill requires public educational institutions to consider a distorted definition of antisemitism to determine whether there has been a violation of anti-discrimination laws and policies in Tennessee’s public schools and universities. The bill adopts the 2010 US State Department fact sheet definition of antisemitism, including its contemporary examples related to Israel: “[d]emonizing of Israel,” “[s]etting double standards for Israel,” including by “[f]ocusing, by multilateral organizations, on Israel only for peace or human rights investigations,” and “[d]elegitimizing Israel.” 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. Related Bills: SB 2389 (companion), SB 2139.

This antisemitism redefinition bill requires state educational institutions to consider a distorted definition of antisemitism to determine whether there has been a violation of anti-discrimination laws and policies in Tennessee’s public schools and universities. The bill adopts the 2010 US State Department fact sheet definition of antisemitism, including its contemporary examples related to Israel of “demonizing Israel,” “applying a double standard to Israel,” and “delegitimizing Israel.” 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. Related bill: SB 581.

This antisemitism redefinition bill requires state educational institutions to consider a distorted definition of antisemitism to determine whether there has been a violation of anti-discrimination laws and policies in Tennessee’s public schools and universities. 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,” and “delegitimiz[ing] Israel.” 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. Related bill: HB 885.

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.