Last month, my Senator, Bob Casey of Pennsylvania, reintroduced an updated version of a 2016 bill known as the Anti-Semitism Awareness Act (ASAA). On its face, this legislation purports to protect Jewish college students like me. In fact, the ASAA establishes an official definition of anti-Semitism that includes criticism of Israel. If passed, this bill will have a chilling effect on free speech on college campuses, as university Hillels will likely silence their students and professors to avoid federal investigation and loss of funding.
As a Jewish student at Bryn Mawr College, I have already experienced the negative effects of the type of censorship proposed by the Anti-Semitism Awareness Act. I joined Bryn Mawr’s chapter of Hillel, looking for a diverse and pluralistic Jewish community where I could explore my complicated feelings on Israel and learn to think critically on the subject.
However, I quickly learned how difficult it was to have an open conversation about Israel at Hillel, thanks to Hillel International’s Standards of Partnership for Campus Israel Activities. The Standards bar speakers or events that engage in the so-called “3 Ds” (delegitimization, demonization, and applying a double standard) to Israel. These Standards are designed to censor criticism of Israel, which Hillel frames as equivalent to anti-Semitic speech. The Standards have not protected me or my fellow Jewish students from anti-Semitism; rather, they have prevented us from inviting Palestinian speakers to campus and silenced discussions about human rights. We have been rendered unable to partner with other student groups, including Students for Justice in Palestine and Jewish Voices for Peace.
Much like Hillel, the Anti-Semitism Awareness Act seeks to shut down conversation on Israel. It classifies the “3 Ds” as well as “conduct that is couched as anti-Israel or anti-Zionist” as anti-Semitism (Sec II, Part 10). Silencing this type of speech will not stop anti-Semitism. In fact, by shrouding conversations on Israel in confusion and secrecy, this bill will only further intimidate students and professors.
The danger of the “3 Ds” lies in their ambiguity. After all, what exactly does it mean to “demonize,” “delegitimize,” or “apply a double standard” to Israel? The interpretation is in the eyes of the beholder. In this case, Kenneth Marcus, Donald Trump’s appointee to lead the Department of Education (DOE) Office of Civil Rights, will hold the power to interpret these words. Marcus has built his career targeting universities for allowing students to criticize Israel. Historically, the courts have dismissed Marcus’ complaints, and the DOE has made clear that the alleged incidents constitute speech protected by the First Amendment. However, the passage of the Anti-Semitism Awareness Act will give Marcus the power to interpret the “3 Ds” broadly, allowing him to bar as much criticism of Israel as possible.
Just as Congress cannot legislate the way each American Jew feels about Israel, neither should it try to legislate the way Jewish, Palestinian, and other students talk about Israel. To do so not only stifles the voices and imaginations of so many young people but also constitutes a violation of the First Amendment right of free speech.
The name ‘Israel,’ as many Jews will proudly tell you, means ‘He who wrestles with God.’ It is part of the Jewish tradition to challenge prevailing beliefs and discuss new interpretations and solutions to age-old problems. Young college-aged Jews now seek to honor our heritage and our faith by wrestling with, questioning, and critiquing the State of Israel. We do this out of a deep love for our Jewish faith and a desire for our Judaism to be a force for good in the world.
The Anti-Semitism Awareness Act was not designed to protect Jewish students. It was designed to protect Israel. What we Jewish youth need in order to combat anti-Semitism on our campuses is more information and discussion on issues that pertain to us, not less of it. We need more opportunities to partner with other on-campus advocacy and faith groups, not policies and laws that divide students from one another.
If Senator Casey truly wants to advocate for the rights of Jewish students, he must reject the Anti-Semitism Awareness Act and instead listen to young Jewish voices and act based on the needs of our community.
Liana Thomason is a student at Bryn Mawr College and a member of the Open Hillel steering committee.
