What’s in the antisemitism bill in Congress?

​U.S. Senate Minority Leader Chuck Schumer speaks to reporters after the weekly policy lunch in the U.S. Capitol in Washington, U.S., October 29, 2019.
U.S. Senate Minority Leader Chuck Schumer speaks to reporters after the weekly policy lunch in the U.S. Capitol in Washington, U.S., October 29, 2019.
REUTERS/Sarah Silbiger

In response to roiling campus protests, the House of Representatives passed the Antisemitism Awareness Act on Wednesday. It attracted both bipartisan support and opposition — and now the Senate has a hot latke on its hands.

What does the bill do? It provides an official definition of antisemitic conduct that the Education Department could theoretically use to crack down on universities. If schools tolerate protesters who engage in what the bill defines as antisemitism, they could lose valuable federal research grants.

What’s the definition? It’s based on the International Holocaust Remembrance Alliance’s “working definition of antisemitism,” which runs to over 500 words when contextual examples are included. It would condemnn not only threats against Jewish people but also certain criticisms of the state of Israel as antisemitic.

House Speaker Mike Johnson (R-LA) framed the bill as a way to crack down on perceived antisemitism on campus, as Republicans attempt to use the campus protests to burnish their “law and order” credentials. The bill passed 320 to 91, but it attracted opposition from strange bedfellows.

Rep. Jerry Nadler (D-NY), a practicing Jew and self-described Zionist, said the bill goes too far in stifling free speech: “Speech that is critical of Israel alone does not constitute unlawful discrimination.”

Meanwhile, Rep. Marjorie Taylor Greene (R-GA) said she voted nay because the legislation could punish people who say Jews killed Jesus — itself a deeply antisemitic trope that has been used to target Jewish people for millennia.


What’s next? The bill is now in the hands of the highest-ranking Jewish official in US history, Senate Majority Leader Chuck Schumer (D-NY), who is under pressure to bring it to the floor speedily. He was cagey on Thursday when talking to reporters about next steps. Ceding the “law and order” position to Republicans would be politically costly, but members including Sen. Ron Wyden (D-OR) and Jon Tester (D-MT) expressed concern over restricting free speech.

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