Committee approves amendment to Antisemitism Awareness Act stating criticism of Israeli government isn't antisemitic

(JTA) — An amendment saying that criticism of the Israeli government is not antisemitic was added to the Antisemitism Awareness Act today in a Senate committee hearing.

The amendment was proposed by Vermont Sen. Bernie Sanders, the Jewish progressive leader, and approved in a 12-11 vote in the Senate Health, Education, Labor and Pensions Committee.

The committee adjourned before voting on the bill itself and another piece of legislation, the Protecting Students on Campus Act, which would require schools to share information about how students can file civil rights complaints through the Department of Education.

A date for the committee vote has not yet been announced. If passed by the HELP committee, the bill will move onto the Senate floor for a final vote.

Sanders’ was one of seven amendments to be added to the bill, which would codify a widely adopted and controversial definition of antisemitism into U.S. law. That definition, by the International Holocaust Remembrance Alliance, has been adopted by hundreds of governmental bodies and other entities but drawn criticism from the left because it defines some criticism of Israel as antisemitic.

“One can criticize the government of Israel for their policies without being antisemitic,” said Sanders, the committee’s ranking member, during the hearing. “This amendment makes it clear that it is not antisemitic to oppose the Netanyahu-led war effort that has killed more than 50,000 people and wounded over 116,000, 60 percent of whom are women, children and the elderly.”

All committee Democrats and Sen. Rand Paul, a Kentucky Republican, voted for Sanders’ amendment. Those opposed said that the amendment and others acted as a poison pill.

“Supporting these amendments is an effort to kill this bill, which protects Jewish students from antisemitic acts,” said Sen. Bill Cassidy, the Louisiana Republican who chairs the committee, during the meeting. “The bill includes protections for free speech, so let’s not be naive as to what’s taking place here.”

In response, Sen. Ed Markey, a Massachusetts Democrat, said, “Antisemitism is wrong. Authoritarianism is not the answer. That’s what we’re debating right now.”

The Antisemitism Awareness Act was passed by the House last year but stalled in the Senate over concerns that it could punish political speech against Israel. Some Republicans, including Paul, have also criticized the IHRA definition because it identifies the belief that Jews killed Jesus as antisemitic.

“This bill would subject to punishment speech claiming that Jews killed Jesus,” Paul said at the hearing.

He called the deicide charge “an absurd and insulting insinuation, if the argument is that all Jews are responsible for killing Jesus,” but added, “and yet, the Gospel of John describes the trial and crucifixion of Jesus. It reports Jews present at the trial, including the high priest and crowd called for his crucifixion.”

He continued, “Nobody thinks that’s all Jews, but you’re no longer allowed to read John 18 and 19. This is sort of insane.”

Paul also said he opposed the bill over a litany of other concerns including fears that it would target comedians. He invoked Jerry Seinfeld as an example.

“Have you guys ever listened to comedy? Do you know why Jerry Seinfeld won’t go to colleges because he can’t make any Jew jokes anymore, or Indian jokes, or whatever jokes. Jokes are about silly categorizations of people,” said Rand.

He entered into the record a list of the names of 400 Jewish American comedians who he said have referred to Jews in stereotypical language, and who he says may be targeted by the bill.

Two other Sanders amendments were also approved by the committee, including one that states the federal government cannot compel schools to violate the First Amendment rights of a student or professor. The measure could impact the Trump administration’s crackdown on pro-Palestinian student activists.

“We have already seen attack after attack on freedom of speech and right to dissent. This amendment defends the Constitution of the United States and our First Amendment,” said Sanders. It passed in a vote of 13-10, with all Democrats as well as Paul and Sen. Susan Collins, a Maine Republican, voting in favor.

Another Sanders amendment provided protection to students distributing written materials on campus, carrying out school-sanctioned protests, and engaging in “any speech that does not include true threats or incitement of violence,” according to Jewish Insider. It was approved by all committee democrats along with Paul and Collins.

A fourth amendment to the bill was proposed by Markey which opposed the Trump administration’s recent student visa revocations, as well as detainments and deportations of students and faculty at universities for activities protected under the First Amendment. It was approved by affirmative votes from all Democrats and Paul.