Simply Put
Antisemitism is bias, hatred, hostile behavior, or discrimination against individuals simply due to being perceived as Jewish.
Zionism
Represents the millennia-old aspiration of Jews for self-determination in their ancestral homeland of Israel (historically known as Zion) after 2,000 years of persecution and exile. These historical ties of Jews to Israel are in many respects an integral part of Jewish identity and shared ancestry.
Antisemitism & the Law
There are numerous Federal and State provisions to address and protect against harassment, bullying, and discrimination based on one’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age, or disability.
Defining Antisemitism:
According to the widely recognized definition developed by the International Holocaust Remembrance Alliance (IHRA) –
“Antisemitism 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.”
Examples of Antisemitism historically:
- Depicting Jews as sub-human – vermin, physically grotesque, or sadistic (e.g., drinking the blood of babies).
- Blaming Jews for the crucifixion of Jesus Christ
- Claiming that Jews control the world/media/banks
Examples of modern Antisemitism:
- Blaming Jews for world woes such as the Covid-19 pandemic
- Denying the fact or scope of the Holocaust, and/or accusing Jews of inventing or exaggerating the Holocaust
- Holding Jews collectively responsible for the acts of the Israeli government
Antisemitism & Zionism
There is no contradiction between being a Zionist and believing that other peoples (including Palestinians) also have the right to self-determination
Is anti-Zionism Antisemitic? No, but, yes. Let us explain…There is nothing antisemitic about disagreeing with, or criticizing, the acts of the Israeli government. In fact, many Jews and Israelis are divided in their options of their government (such a privilege that only exists in Democracies).
HOWEVER – Blaming or holding ALL Jewish people responsible for the Israeli government’s acts IS antisemitic. Blaming people for those acts because they are Jewish is not about a policy dispute or debate – it crosses the line into bigotry and scapegoating, just as holding one’s Muslim neighbor responsible for the acts of the Syrian government against its own people would be considered discriminatory.
When does this cross-over occur? One accepted approach follows the “Three D’s” offered by Jewish leader and activist Natan Sharansky, also adopted by the U.S. State Department:
Demonization: Using symbols associated with classic antisemitism to describe Israel or Israelis, promoting antisemitic conspiracy theories, or blowing Israel’s actions out of sensible proportion, e.g.:
- Comparing Israelis to Hitler/Nazis
- Spreading ancient antisemitic blood labels such as blaming Israeli soldiers for deliberately killing Palestinian babies
Double Standard: Holding Israelis and Jews to a higher standard than would apply to any other nation, e.g.:
- Blaming Israel for defending itself against terror attacks that one would not criticize another country for.
- Removing Jewish students from groups or leadership positions because of their presumed support of Israel.
Delegitimization: Denying the right of the Jewish people to self-determination in their own homeland, e.g.:
- Describing Zionism as a “racist movement” or claiming that Israel’s existence is a racist endeavor.
- Promoting the elimination of Israel as a homeland to the Jewish people.
Antisemitism and the Law(*)(**)
Relevant Federal Laws:
- Title VI, Civil Rights Act of 1964 – prohibits discrimination of the basis of race, color, and national origin in programs and activities receiving federal financial funds (e.g. schools or universities)
- Title VII, Civil Rights Act of 1964 – applies above protections to most employers
- Title II, Civil Rights Act of 1964 – applies above protections to places of public accommodations (e.g. restaurants, hotels, clubs, etc.)
Examples –
- Creating a hostile environment; failing to respond adequately to antisemitic incidents on campus
- Denial of service
- Online stalking and harassment
Free Speech and the First Amendment:
Exceptions to the First Amendment Include –
- Speech that would be deemed a “true threat”; threatening harm to physical safety
- Incitement of illegal activity
- Harassment in an educational institution aimed at an individual based on a protected characteristic that is also pervasive or severe, is a direct or implied threat to employment or education, or creates an intimidating, hostile, and demeaning environment
Hate Incidents v. Hate Crimes
Hate based Incidents are hostile expressions that may be motivated by another person’s race, color, disability, religion, national origin, sexual orientation, or gender identity, e.g.:
- Name-calling, making crude jokes, derogatory images/drawings
Hate crimes are acts where bias is part of one’s reason or motivation for committing an actual crime. The FBI defines hate crimes as “criminal offenses against a person or property motivated in whole or part by an offender’s bias…”
Most states have their own hate crime laws that may or may not vary from Federal Statues
(*) This content does not constitute a legal opinion or advice. For further clarification you should consult with an appropriate attorney.
(**) If you believe you have been a victim of an antisemitic incident or crime, please call 911 and/or your local police department.