In response to a recent rise in antisemitism in the U.S., especially on college campuses, Congress has considered several bills and resolutions on the topic. While some are harmless resolutions that merely express Congress’s position on the issue, others have major constitutional problems. The most dangerous of these bills is the Antisemitism Awareness Act (S.558/H.R.1007).
The Antisemitism Awareness Act would codify the International Holocaust Remembrance Alliance’s Working Definition of Antisemitism into federal law for the purposes of Title VI of the Civil Rights Acts. The definition is: “a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
This definition is unconstitutionally vague, overbroad, and risks limiting free speech on college campuses, where Title VI applies. The issue with the IHRA definition is that it does not actually define anything at all. The phrase “a certain perception of Jews” does nothing to narrow actions or speech that might constitute antisemitism. The second clause of the sentence (“which may be expressed as hatred towards Jews”) does not adequately narrow the definition either. Additionally, the second sentence does not provide clarity at all. It says that antisemitism can be directed towards Jews or non-Jews.
How broad does that definition reach? What conduct is and is not covered by it? Who specifically must speech or actions be directed towards to qualify as antisemitism? Based on the definition the bill attempts to codify, these answers are unclear. Vagueness and overbreadth are major constitutional issues that the bill sponsors seem to ignore in their rush to pass legislation on antisemitism. However, the problems with the IHRA’s definition do not stop there.
The definition goes on to provide several examples of supposed antisemitism, many of which are problematic: claiming that the existence of a State of Israel is a racist endeavor, drawing comparisons of contemporary Israeli policy to that of the Nazis, applying double standards [to Israel] by requiring of it a behavior not expected or demanded of any other democratic nation, claiming Jews killed Christ, etc.
Many of these examples cover criticisms of Israel; however, criticisms of Israel, even those that seem unfair, are not necessarily attacks on all Jewish people. Further, criticisms of Israel (and any foreign country for that matter) are protected speech under the First Amendment. If people think a certain criticism of Israel is unfair or unwarranted, they are free to use their own First Amendment rights to push back. But using the power of government to suppress free speech is not good policy nor is it constitutional.
The last example is especially problematic for Christians. Scripture is clear when it reveals that the Jewish authorities turned Christ over to the Romans to be crucified. If Congress passes this legislation, will they be suppressing the ability of pastors to preach a message of Christ’s crucifixion on college campuses? Albert Mohler, President of The Southern Baptist Theological Seminary in Louisville, expressed these concerns in an article about the 2023 version of the Antisemitism Awareness Act (H.R. 6090 by Rep. Lawler).
There is no denying that the rise of antisemitism in America is an issue. However, like any issue, Congress must ensure that its actions remain within the bounds of the Constitution. The First Amendment protects free speech, even speech that some may deem hateful. The proper remedy to that speech is more free speech, not censorship.
Unfortunately, the U.S. House passed the Antisemitism Awareness Act in 2024, 320-91. In Kentucky, Reps. Barr, Comer, Guthrie, and Rogers supported the unconstitutional bill, while Reps. McGarvey and Massie correctly opposed it. I urge all of Kentucky’s Congressmen and Senators to oppose the dangerous and unconstitutional Antisemitism Awareness Act if it comes up again this Congress.
Jesse Green is a conservative activist and attorney from Jessamine County. He currently serves as Youth Chair for the Republican Party of Jessamine County. You can find him on X: @JesseGreenKY.