Antisemitism Redefinition

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 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 definition 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 2019-2020 appropriations bill, which expires at the end of the fiscal year. Similar provisions were passed in the 2018-2019 budget (H4950) and are included in the 2020-2021 bill (H5201).

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 definition 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 2018-2019 appropriations bill, which expires at the end of the fiscal year, after a standalone version of the bill (H3643) failed to pass the Senate in 2017. The provision was renewed in the 2019-2020 budget (H4000).

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 antisemitism redefinition bill adopts a definition of antisemitism for use in enforcing existing anti-discrimination laws and regulations. Though the bill does not focus on criticism of Israel, the bill declares that the IHRA definition—a distorted definition of antisemitism that could encompass virtually all criticism of Israel—includes examples of “anti-Israel acts” that cross the line into antisemitism. This statement bolsters ongoing efforts to use the IHRA definition to suppress protected speech. The bill was introduced alongside companion bill A5939.

This antisemitism redefinition bill amends the state’s anti-discrimination law applying to public schools and universities. The bill adopts a distorted definition of antisemitism that could encompass virtually all criticism of Israel, circumscribing protected political speech activities. After civil rights groups raised constitutional concerns about this bill and companion bill A5755, legislators introduced A5939/S4169, which removed several Israel-related examples from the definition.

This antisemitism redefinition bill adopts a definition of antisemitism for use in enforcing existing anti-discrimination laws and regulations. Though the bill does not focus on criticism of Israel, the bill declares that the IHRA definition—a distorted definition of antisemitism that could encompass virtually all criticism of Israel—includes examples of “anti-Israel acts” that cross the line into antisemitism. This statement bolsters ongoing efforts to use the IHRA definition to suppress protected speech. The bill was introduced alongside companion bill S4169.

This antisemitism redefinition bill amends the state’s anti-discrimination law applying to public schools and universities. The bill adopts a distorted definition of antisemitism that could encompass virtually all criticism of Israel, circumscribing protected political speech activities. After civil rights groups raised constitutional concerns about this bill and companion bill S4001, legislators introduced A5939/S4169, which removed several Israel-related examples from the definition.

This antisemitism redefinition bill requires the use of a distorted definition of antisemitism in hate crimes reporting and sentencing. Criticism of Israel and advocacy for Palestinian rights could be used as evidence of a hate crime or result in more severe sentences. 

The bill amends Arizona law to include antisemitism as one of the categories of discrimination for which the state must collect bias crime statistics, but adopts the IHRA definition of antisemitism, including its problematic contemporary examples, which include “[a]pplying double standards [to Israel] by requiring of it a behavior not expected or demanded of any other democratic nation” and “claiming that the existence of a State of Israel is a racist endeavor.” The bill requires courts to consider criticism of Israel that falls within the IHRA definition as an aggravating factor for sentencing in criminal convictions. Civil rights groups and advocates raised concerns over how the definition could be used to chill protected speech, and the bill failed to pass both houses before the end of the session. Related bill: SB 1143.

This antisemitism redefinition bill requires the use of a distorted definition of antisemitism in hate crimes reporting and sentencing. Criticism of Israel and advocacy for Palestinian rights could be used as evidence of a hate crime or result in more severe sentences. 

The bill amends Arizona law to include antisemitism as one of the categories of discrimination for which the state must collect bias crime statistics, but adopts the IHRA definition of antisemitism, including its problematic contemporary examples, which include “[a]pplying double standards [to Israel] by requiring of it a behavior not expected or demanded of any other democratic nation” and “claiming that the existence of a State of Israel is a racist endeavor.” The bill requires courts to consider criticism of Israel that falls within the IHRA definition as an aggravating factor for sentencing in criminal convictions. Civil rights groups and advocates raised concerns over how the definition could be used to chill protected speech, and the bill failed to pass both houses before the end of the session. Related bill: HB 2683.