‘This Legislation Threatens Freedom of Speech’: Nadler Speaks Against Antisemitism Bill
Measure introduced amidst ongoing campus protests nationwide
The longest-serving Jew in Congress is speaking out to explain his vote against a Republican-led bill designed to crack down on antisemitism on the nation’s college campuses.
The House Wednesday easily approved the Antisemitism Awareness Act, by a vote of 320-91. The measure, led by Republican Rep. Mike Lawler of New York, would require the Department of Education to use definitions of antisemitism proposed by the International Holocaust Remembrance Alliance (IHRA) when enforcing anti-discrimination laws.
Rep Jerry Nadler, a Democrat first elected to represent New York more than 30 years ago, was among those voting against the bill.
Introduction of the legislation comes as students at universities nationwide are erecting encampments and engaging in other forms of protest to object to the plight of Palestinians in Gaza since Israel began its military operations after the October 7, 2023, Hamas attacks.
Nadler began his remarks on the House floor saying that he has devoted much of his life to combatting antisemitism, and that he is as attuned as anyone to threats and bigotry aimed at Jewish people.
“I will take lectures from no one about the need for vigorous efforts to fight antisemitism on campus or anywhere else. I am also a deeply committed Zionist who firmly believes in Israel’s right to exist as a homeland for the Jewish people,” he said. “But, as someone who is also a longtime champion of protecting freedom of speech, I must oppose this misguided bill.”
The problem, Nadler said, is in the use of the IHRA definition.
“But while this definition and its examples may have useful applications in certain contexts, by effectively codifying them into Title VI, this bill threatens to chill constitutionally protected speech,” he said. “Speech that is critical of Israel—alone—does not constitute unlawful discrimination. By encompassing purely political speech about Israel into Title VI’s ambit, the bill sweeps too broadly.
“As the ACLU notes, if this legislation were to become law, colleges and universities that want to avoid Title VI investigations, or the potential loss of federal funding, could end up suppressing protected speech criticizing Israel or supporting Palestinians,” Nadler added. “Moreover, it could result in students and faculty self-censoring their political speech.
“Even the IHRA definition’s lead author, Kenneth Stern, opposes codifying this definition for this reason.”
Nadler derided the Antisemitism Awareness Act as “political theatrics.”
Last year, Nadler noted, the Biden administration outlined a comprehensive National Strategy to Counter Antisemitism, the cornerstone of which was increasing enforcement actions by the Office for Civil Rights at the Department of Education. President Biden’s proposed federal budget called for a 27-percent increase in funding for that office.
“If my Republican colleagues were serious about antisemitism, they would have fully funded that request,” he said. “Instead, they bragged about proposing to slash funding by 25 percent and ultimately insisted that funding be kept flat despite the marked increase in complaints.
If my Republican colleagues were serious about antisemitism, we would be considering legislation to codify the National Strategy today instead of fiddling around with definitions,” Nadler added.
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