Anti-Semitism Awareness Bill Passes Senate

[Little Tich]

11. From what I understand, the problem is the inclusion of non-racist speech as a form of anti-Semitism

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At least it seems to be the gist of what is argued by Stern (post #2) and the ACLU (post#4). You are conflating the ACLU stance on protected speech in general on campus with its opposition to the wording in the bill that includes non-racist speech into the definition of anti-Semitic speech. To further demonstrate this I will add the objections of the JVP, the Open Hillel and the LA Times Editorial Board, which are all on the same grounds:

NEARLY 60 JEWISH STUDIES SCHOLARS AND HUNDREDS OF JEWISH STUDENTS OPPOSE MISGUIDED ANTI-SEMITISM AWARENESS ACT
Source: Jewish Voices for Peace, 8 DECEMBER 2016

Opposition is growing to a bill which would codify criticism of the state of Israel as discrimination

b]December 8, 2016–Nearly 60 scholars in the field of Jewish Studies, and over 300 Jewish student activists on campuses across the U.S. have voiced concerns about a bill that passed the Senate last week and is due to be considered in the House of Representatives. Rather than combat the current rise in white supremacist anti-Semitism, the bill (H.R. 6421/S. 10 “The Anti-Semitism Awareness Act of 2016”), is targeted at the discourse around Israel/Palestine on college campuses. The bill would direct the Department of Education to consider the State Department’s controversial definition of anti-Semitism when evaluating discrimination complaints on campuses. These complaints frequently allege that criticism of Israel is anti-Jewish hatred, and deprives Jewish students of the opportunity to receive an equal education. So far, the Department of Education has denied such complaints on the basis that criticism of the state of Israel is not harassment targeting Jewish students as Jews.

Rather than clarify when criticism of Israel crosses into anti-Semitism, as its proponents allege, the definition codified in this bill blurs that distinction so as to make a broad range of criticisms of the state of Israel susceptible to DOE investigation. As Kenneth Stern, the original author of the definition of anti-Semitism used by the State Department, wrote in a letter to Congress, the Anti-Semitism Awareness Act “essentially incorporates that definition into law for a purpose that is both unconstitutional and unwise.” Civil liberties groups including the American Civil Liberties Union, Jewish groups including Jewish Voice for Peace, Open Hillel, and Americans for Peace Now, and the Los Angeles Times editorial board have come out against the bill. A similar policy was rejected by the University of California system last year on free speech grounds.

Read more: https://jewishvoiceforpeace.org/nearly-60-jewish-studies-scholars-hundreds-jewish-students-oppose-misguided-anti-semitism-awareness-act/

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Statement on "Anti-Semitism Awareness Act": Criticism of Israel is Not Anti-Semitic
Source: Open Hillel, December 2, 2016

Since last month’s election, American Jews have expressed concern about a rise in hate crimes against Jews and other minority groups. Many have voiced outrage at the appointment of individuals who have trafficked in anti-Semitism and other forms of prejudice to prominent government positions.

However, the “Anti-Semitism Awareness Act,” passed yesterday in the Senate, fails to address these issues. Rather, it mis-classifies criticism of Israel as anti-Semitism and aims to ensure that the Department of Education will investigate and suppress criticism of Israel on campus.

In 2010, Hillel International barred the so-called “3 D’s” -- delegitimization, demonization, and applying a double standard to Israel -- as part of its Standards of Partnership for Israel Activities. Since then, we have seen how this policy has done nothing to combat anti-Semitism. Rather, this vague language has served to silence both Jewish and non-Jewish students, professors, and activists and to stifle crucial conversations on Israel-Palestine on campus. Moreover, Hillel’s censorship has promoted division and misunderstanding both within the Jewish community and between Jewish community members and other faith and cultural groups on campus.

Read more: http://www.openhillel.org/statement-on-antisemitic-awareness-act/

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Undermining free speech on campus
Source: LA Times, Dec 6, 2016

The U.S. Senate last week approved a bill that was advertised as a way to help the federal government combat harassment against Jewish students on college campuses. But the Anti-Semitism Awareness Act is both unnecessary to achieve its stated goal and fraught with 1st Amendment problems. If it is also approved by the House, President Obama should veto it.

The legislation, sponsored by Sens. Tim Scott (R-S.C.) and Bob Casey (D-Pa.), was proposed as a remedy for anti-Semitic acts directed at students and faculty members. But the Department of Education already has the legal tools necessary to punish colleges and universities that don’t deal effectively with acts of violence or intimidation motivated by racial or religious hatred, including anti-Semitism.

This legislation is really about something else entirely: Israel. What it does is to endorse an expansive definition of anti-Semitism that was adopted by the State Department in 2010 as a benchmark for diplomats. The problem with the definition is that it unfairly conflates anti-Israel speech with anti-Semitic speech, in a way that, if enforced, would violate the free speech rights of students and professors. Among other things, the examples of anti-Semitism provided by the State Department’s definition

include denying Israel’s right to exist, “demonizing” Israel by blaming it for “all interreligious or political tensions” and judging Israel by a double standard “requiring of it a behavior not expected or demanded of any other democratic nation.”

Read more: http://www.latimes.com/opinion/editorials/la-ed-senate-antisemitism-20161202-story.html