Thursday, May 2, 2024

Congressman Nadler is right about the dangers of the Anti-Semitism Awareness Act of 2023

Warning: The House passage yesterday of the Anti-Semitism Awareness Act of 2023, a bill codifying the International Holocaust Remembrance Alliance “working definition” of antisemitism, notwithstanding its name, is very dangerous, as Congressman Jerry Nadler explained on the floor of the House yesterday. I strongly urge that people read Congressman Nadler's statement.

We would be far better off with HB 7910, the Countering Anti-Semitism Act. I suspect the MAGA Republican Speaker would not let HB 7910 come to a vote. The Senate version of HB 7910 was endorsed by Rabbi Jonah Pesner, Executive Director of the Religious Action Center of Reform Judaism.

In 2022, there was a controversy in Montgomery County (Maryland) over the County Council’s proposed resolution to adopt the IHRA definition of anti-semitism. After considerable discussion, Paragraphs 11 and 12 were added to the Montgomery County resolution that passed. They did not go far enough, in my view, but they did ameliorate some of the dangers I and others warned about:

11. The International Holocaust Remembrance Alliance’s Working Definition is intended to be a non-legally binding statement of guidance and educational tool to help combat antisemitism in Montgomery County, Maryland. Nothing in this resolution should be construed to limit anyone’s right to free speech or political debate, which are protected under the First Amendment.

12. Modern forms of antisemitism can manifest through anti-Zionism when denying the Jewish right to existence and self-determination or employing an antisemitic trope. However, criticism of Israeli government policies or actions does not constitute antisemitism.

But, as Congressman Nadler correctly notes, HB 6090 would bar consideration of such perspectives.

Ranking Member Nadler Floor Statement on H.R. 6090, the “Antisemitism Awareness Act of 2023”