Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Debate on Antisemitism Awareness Act Weighs the Restraint of Freedom of Speech

News

Debate on Antisemitism Awareness Act Weighs the Restraint of Freedom of Speech

Committee ranking member Sen. Bernie Sanders (I-VT) delivers remarks during a Senate Committee on Health, Education, Labor and Pensions committee vote on the nomination of Lori Chavez-DeRemer as the next Secretary of Labor February 27, 2025 in Washington, DC

Getty Images,

WASHINGTON—Some Senate Democrats voiced concerns this week about damage to free speech due to a new law that would define antisemitism. However, several Democrats co-sponsored the bill with most Republicans.

“I worry that this bill is unconstitutional and will move us far along the authoritarian direction that the Trump administration is taking us,” said Sen. Bernie Sanders (I-Vt.) at Wednesday’s hearing in the Senate Health, Education, Labor and Pensions (HELP) Committee.


The bill would require the Department of Education to use the “ working definition ” of antisemitism, drafted by the International Holocaust Remembrance Alliance (IHRA) in 2016. Currently, the Department of Education has been using the same definition but has not been legally required to do so. This bill would change that.

Supporters of the bill argued that adding the definition would be an opportunity for the United States to show “that we are with those students that have been harassed, to reassure parents and their children as much as we can that they will be safe from discrimination, harassment, and even physical abuse,” said Sen. Bill Cassidy (R-La.), chair of the HELP committee.

Critics, however, argued the bill would crack down on free speech for students critical of Israel. They described the bill as part of the Trump administration’s broader effort to weaponize antisemitism, following protests at universities in the last few years.

The definition, which is considered “non-legally binding” by its creators, starts with: “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews.” It also includes 11 contemporary examples of what they say could be considered antisemitic. That list includes “making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective” and “drawing comparisons of contemporary Israeli policy to that of the Nazis.”

During the hearing, Sen. Tim Scott (R-S.C.) argued that the bill protects free speech but punishes harmful actions that follow speech. But Sen. Rand Paul (R-Ky.) rejected that as violating the First Amendment right to free speech.

“Every example of antisemitism in that list is about words, not action. You can’t regulate speech,” Paul said. “The First Amendment is not about protecting good speech. In Brandenburg v. Ohio, Brandenburg was a Nazi and an antisemitic who said horrible things. The Supreme Court ruled that you can say terrible things.”

In an open letter to Congress, 10 pro-Israel organizations expressed concern about the potential passage of the Antisemitism Awareness Act.

“Voting in favor of this legislation in this current political climate would represent an endorsement of the Trump administration’s escalating efforts to weaponize antisemitism as a pretext for undermining civil rights, deporting political dissidents, and attacking the fundamental pillars of our democracy, making the Jewish community and others less safe,” the groups wrote.

“I think the bill is very restrictive, but the fundamental problem is that no one could tell you what it means,” said Douglas Laycock, an emeritus law professor at the University of Virginia and an expert on religious liberty and the First Amendment. “The ‘certain perception of Jews’ that the definition talks about is not described and not defined. If I gave you the text of a speech I was about to give, no one could tell me if I’m violating the law. ‘Unconstitutionally vague’ is also one of the problems here.”

In a statement posted on their website in February, after House Republicans reintroduced the bill in their branch, Anti-Defamation League CEO Jonathan Greenblatt said in a statement that “the Antisemitism Awareness Act reinforces federal policy and ensures the IHRA Working Definition of Antisemitism remains the standard for addressing antisemitic discrimination in education. I urge Congress to act now and pass this vital, bipartisan bill.”

Kenneth Stern, director of the Bard Center for the Study of Hate at Bard College and one of the lead authors of the definition, spoke in front of the House Judiciary Committee last September. He said that while the working definition had examples related to Israel because there was “a correlation between such expressions and level of antisemitism,” it was never intended to “target or chill speech in a college campus.”

Wednesday’s Senate hearing ended without a vote on the bill, but the committee adjourned and will resume its work on the bill in the future. An Anti-Defamation League spokesperson said to the Jewish Insider that they are “committed to pursuing every possible avenue to advance this important bill and will continue working with our bipartisan partners in Congress to see it signed into law.”


Leonardo Pini is a graduate student at the Medill School of Journalism at Northwestern University, specializing in politics, policy, and foreign affairs. Born and raised in Italy, he worked professionally for the local edition of Italy’s national outlet “la Repubblica”, covering crime news. He also freelanced for “L’Espresso” magazine on foreign affairs and social issues. He produced two podcasts for RAI Radio, an Italian state radio, on asylum patients and assisted suicide. During his time at Medill, he was a fellow at Capitol News Illinois reporting on Illinois’ legislation.


Read More

A TSA employee standing in the airport, with two travelers in the foreground.

A Transportation Security Administration (TSA) worker screens passengers and airport employees at O'Hare International Airport on January 07, 2019 in Chicago, Illinois. TSA employees are currently working under the threat of not receiving their next paychecks, scheduled for January 11, because of the partial government shutdown now in its third week.

Getty Images, Scott Olson

Nope. Nevermind. Some DHS agencies still shut down.

House Republicans reject clean bill to open shut-down DHS agencies (March 28 update)

House Republicans (and three Democrats) rejected the Senate's clean bill to end the shutdown late Friday night. Instead, the House passed a different bill that fully funds every agency in the Department of Homeland Security (DHS) but for only 60 days with the knowledge that this short-term continuing resolution will not pass in the Senate.

Both chambers are out until April 13 so the shutdown is expected to last until then at least. Hope that no major weather disasters occur before then because FEMA is one of the DHS agencies out of commission (though some of its employees may be working without pay). It's possible that air travel security lines won't get worse since the President signed an Executive Order authorizing DHS to pay TSA workers. New DHS Secretary Mullin says paychecks will start to go out as early as Monday. How long can this approach continue? Unknown. Leaving aside the questionable legality of repurposing funds in this way, DHS may not be willing to keep paying TSA from these other funds long-term.

Keep ReadingShow less
Protestors holding signs, including one that says "let the people vote."
Attendees hold signs advocating for voting rights and against the SAVE America Act at a rally to outside the U.S. Capitol on March 18, 2026 in Washington, DC.
Getty Images, Heather Diehl

The Senate Was Meant to Slow Us Down—Not Stop Us Cold

The Senate is once again locked in a familiar pattern: a bill with clear support on one side, firm opposition on the other—and no obvious path forward.

This time it’s the SAVE Act, framed by its supporters as a safeguard for election integrity and by its opponents as a barrier to voting access. The arguments are well-rehearsed. The positions are firm. And yet, beneath the policy debate sits a more revealing truth: in today’s Senate, the outcome of legislation is often shaped long before a final vote is ever cast.

Keep ReadingShow less
Clarity Is Power: The Three Pillars That Keep the People in Charge
man in white robe holding a book statue
Photo by Caleb Fisher on Unsplash

Clarity Is Power: The Three Pillars That Keep the People in Charge

American democracy does not weaken all at once. It falters when citizens lose clarity about how power is being used in their name. Abraham Lincoln warned that “public sentiment is everything… without it, nothing can succeed.” When people understand what their leaders are doing, they can hold them accountable.

But when confusion takes hold, power shifts quietly, and the public’s ability to act begins to erode. Clarity enables citizens to participate fully in democratic life and shape a government that responds to them. Confusion is not harmless; it erodes the safeguards, public awareness, and civic action that make self‑government possible. Clarity strengthens all three pillars at once — it protects our constitutional safeguards, sharpens public awareness, and fuels civic action.

Keep ReadingShow less
CONNECT for Health Act of 2025
person wearing lavatory gown with green stethoscope on neck using phone while standing

CONNECT for Health Act of 2025

How does a bill with no enemies fail to move? That question should trouble anyone who cares about Medicare, about rural health care, and about whether Congress can still do straightforward things.

In plain terms, the CONNECT Act would permanently end the outdated rule that limits Medicare telehealth to patients in rural areas who travel to an approved facility. It would make the patient's home a covered site of care. It would protect audio-only services, critical for seniors without broadband or smartphones, especially for behavioral health. It would ensure that Federally Qualified Health Centers can be reimbursed for telehealth, and it would lock in the pandemic-era flexibilities that Congress has been extending on a temporary basis since 2020. In short, it would turn five years of emergency workarounds into permanent, accountable policy.

Keep ReadingShow less