A bill codifying how the U.S. Department of Education defines antisemitism when conducting Title VI investigations has stalled in the Senate over free speech concerns.
The Senate Committee on Health, Education, Labor and Pensions held a markup of the Antisemitism Awareness Act on April 30 and planned to vote on it. But due to opposition from lawmakers of both parties, Chairman Bill Cassidy, R-La., postponed the final vote to an unspecified later date.
The legislation instructs the Department of Education to follow the International Holocaust Remembrance Alliance’s definition of antisemitism, which it has done since 2018.
IHRA’s definition reads: “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.”
Out of multiple examples, IHRS includes “Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.”
Since the Hamas attack on Israel on Oct.7, 2023, violent pro-Palestinian protests have broken out at higher education institutions across the country, including at Harvard, UCLA, and Columbia campuses. Many have condemned Israel’s existence as a state for alleged colonialism.
Nearly 1,700 antisemitic incidents occurred on college campuses in 2024 alone, 84% higher than in 2023, according to a report released by the Anti-Defamation League.
In light of the crisis, most Republicans argue the legislation is a necessary guardrail to protect Jewish students’ safety on campus. But Democrats and some other Republicans on the committee, such as Sen. Tommy Tuberville, R-Ala., remained concerned about academic freedom and free speech protections.
Even though committee members voted to add an amendment explicitly protecting First Amendment rights – including the free exercise of religion, speech, press, and assembly – Cassidy canceled a vote on passage that would have sent the bill to the Senate floor.
In the meantime, the Trump administration is continuing its full-scale effort to quash antisemitism, with the president pledging Friday to revoke Harvard’s tax-exempt status on the grounds it hasn’t done enough to combat antisemitism.
