Antisemitism Awareness Act Makes Disparaging State of Israel a Title VI Violation

HR 6090, which has passed the House, would make The International Holocaust Remembrance Alliance’s contemporary definitions of antisemitism actionable under Title VI

H.R. 6090 sponsored by Rep. Michael Lawler [R-NY-17] was passed by the House on May 1st, 2024.

This bill seeks to address a supposed uptick in antisemitism in K-12 schools, colleges, and universities.

It does so by establishing a legal definition of antisemitism in accordance with the working and contemporary definitions found on the International Holocaust Remembrance Alliance website, and makes such actions a Title VI violation.

While there is no need to state that antisemitism is deplorable, there is concern that this bill is treading into unconstitutional territory based on the fact that the contemporary definitions laid out in the IHRA website include statements that are critical or disparaging of the Israeli Government.

The ACLU put out a press release condemning the passing of this bill, characterizing it as a, “misguided and harmful bill,” that is, “a direct attack on the First Amendment.”

This bill would throw the full weight of the federal government behind an effort to stifle criticism of Israel and risks politicizing the enforcement of federal civil rights statutes precisely when their robust protections are most needed.”

The ACLU also urged Congress to oppose the bill, arguing that federal law already prohibits antisemitic discrimination and harassment by federally funded entities, making the bill unnecessary.

Proponents of HR 6090 are stating that the bill aims to combat antisemitism and ensure that educational institutions receiving taxpayer funding do not promote or tolerate hate speech.

Representative Chip Roy, a proponent of the bill, emphasized that antisemitism has no place in a decent and civilized society, especially in educational institutions. He also expressed concerns about the potential implications of the underlying language in the bill, suggesting that a full committee hearing or markup could have addressed these concerns.

Additionally, proponents of the bill are highlighting the need to protect Jewish students and faculty from discrimination and harassment on college campuses. They argue that the bill will help to create a safer and more inclusive environment for all students, regardless of their religion or background.

On a somewhat comical note, the bill concludes with this sentence…

Nothing in this Act shall be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States.