Fighting Antisemitism Should Not Come at the Expense of the First Amendment
The perpetrators of antisemitic violence and murder, which I abhor and condemn, should be punished to the maximum extent of the law. The killings of Yaron Lischinsky and Sarah Milgrim as well as the terrorist attack in Boulder, Colorado, are nauseating examples of antisemitic brutality.
Furthermore, it is intellectually and morally repugnant for anyone to shout support for the atrocities committed by Hamas on October 7, 2023. Civilized people across the political spectrum appropriately condemn these vile and inexcusable apologies for mass murder. What Hamas carried out that day was not a political statement—it was barbarism. Rape, torture, murder of civilians, and the taking of hostages should never be met with anything but moral clarity and universal condemnation.
Despite the increase in antisemitism, it is still inappropriate for the United States Senate to respond by imposing sweeping restrictions on constitutionally protected speech. That’s exactly what the Antisemitism Awareness Act threatens to do.
During a recent markup in the Senate Health, Education, Labor, and Pensions (HELP) Committee, I opposed this legislation—not because I take antisemitism lightly, but because I take the First Amendment seriously. This bill poses a grave threat to free speech, as it would grant unelected federal bureaucrats the authority to police speech, theology, and political thought, particularly on college campuses.
The bill requires the Department of Education, when investigating discrimination under Title VI of the Civil Rights Act, to apply the working definition of antisemitism devised by the International Holocaust Remembrance Alliance (IHRA). This is not symbolic. Schools and universities found to have permitted discriminatory harassment may lose federal funding. That means institutions could be punished for what students or professors say, especially when those views involve the Israeli government, Jewish history, or religious doctrine.
The IHRA definition of antisemitism is overly broad. Using this definition would regulate speech that that “den[ies] the Jewish people their right to se
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
