US lawmakers seek to curtail free speech on Israel with bill undermining constitutional rights

As opposition to the US-funded Israeli genocide in Gaza grows, American lawmakers have overwhelmingly passed a bill to shut down protests using an expanded, highly controversial definition of anti-Semitism. Members of the House of Representatives passed the bill yesterday by a margin of 320 to 91, viewed largely as a reaction to the ongoing student protests unfolding on US university campuses.

The bill must now go for the Senate to consider. If passed into law, it will codify the highly controversial International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism in Title VI of the Civil Rights Act of 1964, a federal anti-discrimination law that bars discrimination based on shared ancestry, ethnic characteristics or national origin. The IHRA definition has long been criticised for weaponising anti-Semitism against critics of the Zionist state of Israel.

The IHRA definition’s codification into the Civil Rights Act would mark a major triumph for advocates of the apartheid state who have campaigned to conflate legitimate criticism of Israel and its discriminatory policies with anti-Semitism. Seven of the eleven examples of anti-Jewish racism cited by the IHRA mention criticism of Israel.

Read: How defenders of Israel genocide sparked a debate about the fall of the West

Critics warn that the IHRA’s definition could be used to stifle campus protests against Israel’s war in Gaza, which has claimed the lives of 34,568 Palestinians so far, the vast majority of whom were children and women. With no sign of a ceasefire and Israel in the dock at the International Court of Justice accused of genocide, protests are likely to grow.

The International Criminal Court is also reported to be preparing arrest warrants for Israeli officials, an eventuality which is likely to boost student protests further against what many regard as a US-funded Israeli genocide.

Rights groups such as the American Civil Liberties Union (ACLU) have raised concerns about the proposed legislation. In a letter sent to lawmakers, the ACLU urged House members to vote against the legislation, pointing out that federal law already prohibits anti-Semitic discrimination and harassment, and that the bill would likely chill free speech on college campuses.

The bill has faced bipartisan criticism within the House of Representatives, many of whom have expressed concern over threats to the First Amendment which guarantees the right to free speech. According to Democrat Representative Jerry Nadler, “By encompassing purely political speech about Israel into Title VI’s ambit, the bill sweeps too broadly.”

Representative Thomas Massie, a Republican, also criticised the bill. He noted that it only referred to the IHRA definition without providing the exact language or stating clearly which parts would be enshrined into law.

As the bill moves to the Senate, the debate surrounding the balance between combating anti-Semitism and protecting free speech is expected to intensify. The outcome of this legislation could have significant implications for the ongoing protests against Israel’s military onslaught in Gaza and the broader discourse surrounding the Israel-Palestine issue in the US.

Read: Goal of IHRA anti-Semitism definition is to target human rights groups, says proponent