Source: ACLU.org

This Bill Would Falsely Equate Criticism of Israel with Antisemitic Discrimination

WASHINGTON — The American Civil Liberties Union strongly condemns the House of Representatives for passing H.R. 6090, the Antisemitism Awareness Act, which threatens to censor political speech critical of Israel on college campuses under the guise of addressing antisemitism.

“The House’s approval of this misguided and harmful bill is a direct attack on the First Amendment,” said Christopher Anders, director of ACLU’s Democracy and Technology Policy Division. “Addressing rising antisemitism is critically important, but sacrificing American’s free speech rights is not the way to solve that problem. This bill would throw the full weight of the federal government behind an effort to stifle criticism of Israel and risks politicizing the enforcement of federal civil rights statutes precisely when their robust protections are most needed. The Senate must block this bill that undermines First Amendment protections before it’s too late.”

The bill directs the Department of Education to consider an overbroad definition of antisemitism that encompasses protected political speech when investigating allegations of discrimination under Title VI of the Civil Rights Act. The ACLU has warned this could pressure colleges and universities to restrict student and faculty speech critical of the Israeli government and its military operations out of fear of the college losing federal funding.

As a recent ACLU letter to Congress made clear, federal law already prohibits antisemitic discrimination and harassment by federally funded entities, and the Antisemitism Awareness Act is not needed to protect Jewish students from discrimination. Additionally, as the Supreme Court ruled more than 50 years ago in the landmark decision of Healy v. James, “This Court leave[s] no room for the view that, because of the acknowledged need for order, First Amendment protections should apply with less force on college campuses than in the community at large. Quite to the contrary, ‘[t]he vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.’”

MORE INFORMATION:

https://www.congress.gov/bill/118th-congress/house-bill/6090/all-info

https://www.congress.gov/bill/118th-congress/house-bill/6090/text

https://www.congress.gov/118/bills/hr6090/BILLS-118hr6090eh.xml

118th CONGRESS
  2d Session
                                H. R. 6090

_______________________________________________________________________

                                 AN ACT


 
 To provide for the consideration of a definition of antisemitism set 
   forth by the International Holocaust Remembrance Alliance for the 
  enforcement of Federal antidiscrimination laws concerning education 
            programs or activities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antisemitism Awareness Act of 
2023''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.), prohibits discrimination on the basis of race, 
        color, and national origin in programs and activities receiving 
        Federal financial assistance;
            (2) while such title does not cover discrimination based 
        solely on religion, individuals who face discrimination based 
        on actual or perceived shared ancestry or ethnic 
        characteristics do not lose protection under such title for 
        also being members of a group that share a common religion;
            (3) discrimination against Jews may give rise to a 
        violation of such title when the discrimination is based on 
        race, color, or national origin, which can include 
        discrimination based on actual or perceived shared ancestry or 
        ethnic characteristics;
            (4) it is the policy of the United States to enforce such 
        title against prohibited forms of discrimination rooted in 
        antisemitism as vigorously as against all other forms of 
        discrimination prohibited by such title; and
            (5) as noted in the U.S. National Strategy to Counter 
        Antisemitism issued by the White House on May 25, 2023, it is 
        critical to--
                    (A) increase awareness and understanding of 
                antisemitism, including its threat to America;
                    (B) improve safety and security for Jewish 
                communities;
                    (C) reverse the normalization of antisemitism and 
                counter antisemitic discrimination; and
                    (D) expand communication and collaboration between 
                communities.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Antisemitism is on the rise in the United States and is 
        impacting Jewish students in K-12 schools, colleges, and 
        universities.
            (2) The International Holocaust Remembrance Alliance 
        (referred to in this Act as the ``IHRA'') Working Definition of 
        Antisemitism is a vital tool which helps individuals understand 
        and identify the various manifestations of antisemitism.
            (3) On December 11, 2019, Executive Order 13899 extended 
        protections against discrimination under the Civil Rights Act 
        of 1964 to individuals subjected to antisemitism on college and 
        university campuses and tasked Federal agencies to consider the 
        IHRA Working Definition of Antisemitism when enforcing title VI 
        of such Act.
            (4) Since 2018, the Department of Education has used the 
        IHRA Working Definition of Antisemitism when investigating 
        violations of that title VI.
            (5) The use of alternative definitions of antisemitism 
        impairs enforcement efforts by adding multiple standards and 
        may fail to identify many of the modern manifestations of 
        antisemitism.
            (6) The White House released the first-ever United States 
        National Strategy to Counter Antisemitism on May 25, 2023, 
        making clear that the fight against this hate is a national, 
        bipartisan priority that must be successfully conducted through 
        a whole-of-government-and-society approach.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the term ``definition of antisemitism''--
            (1) means the definition of antisemitism adopted on May 26, 
        2016, by the IHRA, of which the United States is a member, 
        which definition has been adopted by the Department of State; 
        and
            (2) includes the ``[c]ontemporary examples of 
        antisemitism'' identified in the IHRA definition.

SEC. 5. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL RIGHTS ACT OF 
              1964.

    In reviewing, investigating, or deciding whether there has been a 
violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
et seq.) on the basis of race, color, or national origin, based on an 
individual's actual or perceived shared Jewish ancestry or Jewish 
ethnic characteristics, the Department of Education shall take into 
consideration the definition of antisemitism as part of the 
Department's assessment of whether the practice was motivated by 
antisemitic intent.

SEC. 6. OTHER RULES OF CONSTRUCTION.

    (a) General Rule of Construction.--Nothing in this Act shall be 
construed--
            (1) to expand the authority of the Secretary of Education;
            (2) to alter the standards pursuant to which the Department 
        of Education makes a determination that harassing conduct 
        amounts to actionable discrimination; or
            (3) to diminish or infringe upon the rights protected under 
        any other provision of law that is in effect as of the date of 
        enactment of this Act.
    (b) Constitutional Protections.--Nothing in this Act shall be 
construed to diminish or infringe upon any right protected under the 
First Amendment to the Constitution of the United States.

            Passed the House of Representatives May 1, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 6090

_______________________________________________________________________

                                 AN ACT

 To provide for the consideration of a definition of antisemitism set 
   forth by the International Holocaust Remembrance Alliance for the 
  enforcement of Federal antidiscrimination laws concerning education 
            programs or activities, and for other purposes.