Kansas has become the latest state to implement sweeping legislation regulating protests, specifically targeting the use of masks at events opposing Israel. This law underscores a growing trend across the U.S. as states craft measures addressing antisemitism and the criticism of Israel.
In parallel, Florida’s state university system is mandating a review of course materials that discuss topics such as Israeli and Palestinian issues, a move framed as part of its new legislation combating antisemitism. Meanwhile, Oklahoma has established requirements for public schools to appoint coordinators who will investigate instances of antisemitic discrimination.
These legislative moves follow the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism, which includes a wide range of criticisms of Israel under the umbrella of antisemitism. Oklahoma state lawmaker Emily Gise expressed the intent behind these changes, highlighting the need for clearer protections against antisemitic incidents. “By putting a definition into law, we’re helping ensure that harmful acts are no longer overlooked or misunderstood,” she said.
The debate over the IHRA definition is not just a matter of semantics. It influences how authorities may categorize various incidents, informs disciplinary actions at public universities, and shapes what constitutes acceptable speech in educational settings. In recent months, numerous states—including Virginia, Arkansas, and Nebraska—have adopted legislation that codifies the IHRA definition, with similar measures under consideration in New York and New Jersey.
New laws are giving educational administrators more authority to classify certain events as antisemitic, raising concerns about free speech rights. Critics like Lara Friedman, president of the Foundation for Middle East Peace, argue that such frameworks can lead to the suppression of legitimate discourse. She illustrated her point by stating that statements critical of Israel’s policies could easily be categorized as antisemitic.
The IHRA definition, which describes antisemitism as a particular perception of Jews, includes 11 illustrative examples. The definitions encompass both traditional antisemitic tropes and more modern interpretations of criticism of Israel. Many of these examples are contentious, particularly those that imply anti-Zionist sentiments equate to antisemitism.
A diverse array of Jewish organizations offers varying interpretations on how this definition should be applied. Kenneth Stern, one of the original authors of the IHRA text, has become critical of its current usage in legal settings, likening it to misapplied definitions of racism. Conversely, the Anti-Defamation League continues to champion the IHRA as a crucial tool for understanding modern manifestations of antisemitism.
The push for greater adherence to this definition is not new. Federal agencies have tapped into variations of the IHRA standard since 2010. A notable milestone in this movement came in 2019, when former President Donald Trump signed an executive order mandating that federal agencies apply the IHRA definition in conversations about antisemitic discrimination.
While federal legislation aimed at solidifying the definition has faced challenges, individual states have moved forward independently. In Oklahoma, the recent law introduces a Title VI coordinator for monitoring discrimination, while Kansas’s legislation specifically prohibits masked protests that seek to harass Jewish individuals.
Florida’s universities have reacted to the IHRA endorsement by scrutinizing course content that references contentious issues in the Middle East. The legislation resulted in heightened scrutiny of syllabi for potential biases against Israel, even leading to the removal of certain educational materials labeled as problematic—though some actions, like banning particular textbooks, have sparked further debate.
The broader context reveals that similar laws have emerged to counter the Boycott, Divestment, and Sanctions movement (BDS). States like Iowa have adopted the IHRA framework while also restricting business with entities that engage in such boycotts. Moreover, Arizona has utilized the IHRA standards to refine its approach to hate crime reporting and sentencing.
Despite these legislative actions, challenges remain. During Texas’s recent efforts to implement the IHRA definition in educational policy, courts intervened, ruling that enforcing it infringed upon First Amendment rights. The situation illustrates the ongoing negotiations surrounding the definition’s application and its repercussions in various sectors.
The race to legally define and legislate antisemitism continues to unfold as states navigate these contentious issues. Whether through new policies or court challenges, the implications of the IHRA definition are far-reaching, influencing academic discourse, freedom of expression, and public perception of antisemitism in society.
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