Antisemitism bill clears House Rules panel following partisan feud

Jerry Nadler, a Republican congressman, said that the bill “threatens to chill constitutionally-protected speech”.

The House Rules Committee passed a bipartisan measure Monday night that attempts to codify an antisemitism definition — after Democrats on the panel criticized the measure in great detail.

H.R. 6090, the Antisemitism Awareness Act of 2023 is one of several bills introduced in Congress since Hamas’ Oct. 7 attack on Israel and the explosion of pro-Palestinian protests on college campuses. The legislation — H.R. Democrats, such as New York Rep. Jerry Nadler told the Rules Committee that the measure was flawed before Monday’s vote of 7-4.

Nadler, top Democrat of the House Judiciary Committee said, “This bill threatens constitutionally protected speech.” “Speech critical of Israel does not constitute unlawful bias… The bill sweeps too widely.”

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The bill is sponsored by Rep. Michael Lawler, R-N.Y., and has 13 Democratic cosponsors. It would codify the International Holocaust Remembrance Alliance definition of antisemitism into Title VI of Civil Rights Act of 1965, a federal law against discrimination that prohibits discrimination on the basis of shared ancestry or ethnicity, national origin, or other characteristics. Title VI is required for all schools receiving federal funding, but how to distinguish between free speech and antisemitic bias has not been clear.

The bill was deemed necessary by many Republicans to protect Jewish students as well as provide clarity to the agencies who enforce the law.

Michael Burgess, House Rules Chair (R-Texas), said that it was more important than ever for the federal government to have a clear and uniform definition of antisemitism. Burgess made this statement after pointing out several protests taking place on campus. “Congress needs to define antisemitism so that universities can take the appropriate and decisive measures to protect Jewish students and to respond to expressions of hate speech and discrimination so extreme and hostile they are not protected by the First Amendment in the United States Constitution.”

The committee members approved the closed rule, and an hour of discussion.

Nevertheless, some Republicans have expressed reservations about the bill.

Rep. Thomas Massie, R-Ky., criticized the fact that the bill did not include a definition but merely referred to IHRA’s definition. He also made several hypothetical remarks to supporters of the bill. He said that it was dangerous to use one definition, but voted in favor of the bill.

The Biden Administration did not comment on the bill, but it did respond with a statement on administration policy in response to six other measures that the Rules Committee reviewed on Monday.

Nadler had supported a bill similar to this one, which would have codified several definitions of antisemitism. Nadler, when pressed about his support for the bill, said that he was “mistaken.”

He said that he’d support a bill which did not include IHRA and instead included several definitions for antisemitism.

Nadler and Democrats urged Republicans repeatedly to increase funding for the Education Department, and the Justice Department’s Office for Civil Rights. These offices are responsible for enforcing laws against discrimination. Nadler also encouraged lawmakers to take into consideration a bipartisan proposal that would create the first ever national coordinator for antisemitism.

Rep. Mary Gay Scanlon, D-Pa., said that she was concerned about the bill because it repeats what has been seen in the past. The House Republican majority is exploiting real problems for political gain and to score points.