As riot police crack down on anti-war protests all over the country, U.S. politicians rally to push legislation that criminalizes criticism of Israel – laws hammered out by wealthy Israeli expatriates in cooperation with Netanyahu’s government.
Americans seem dumbfounded as their highest political representatives in Washington, D.C. call for laws to ban certain forms of speech – specifically statements that voice criticism of Israel and the political ideology of Zionism – even equating such expressions with support for terrorism.
But this response becomes less surprising given the legal, operational and intelligence construct which has been erected over nearly a decade, centered on the concept of “antisemitism.”
A deeper look into the origins of these efforts reveals that the mission to ban certain forms of speech in America have been long in the making.
The most recent – and perhaps so far the most draconian effort – is the Antisemitism Awareness Act, which was passed by Congress on May 1.
BROAD DEFINITIONS OF “ANTISEMITISM”
According to U.S. Rep. Thomas Massie (R-KY), the intent of the bill is to accelerate hate crime prosecutions of those protesting against the Israel-Gaza war on college campuses – using broad definitions of “antisemitism.”
According to the Antisemitism Awareness Act, the definitions of what constitute “antisemitic” hate speech violations are stipulated in a list published by the International Holocaust Remembrance Alliance (IHRA). For example, according to this body of definitions, “Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations” would qualify as hate speech.
Lara Friedman, in a 2020 article in Jewish Currents, provides a stern warning about these IHRA-based laws and their Constitutional implications:
“Parts of that definition conflate antisemitism with both criticism of Israel and anti-Zionism; as a result, the implications of this new legislation for free speech are alarming,” she states.
Jewish scholar Kenneth Stern, who wrote the IHRA, claims that it has been “subverted” and that it was never intended to shut down free speech:
“There was never any idea that this would be used as a de facto hate speech code on campus,” he told The Times of Israel in 2020.
WHO WRITES THESE BILLS?
The Foundation for Middle East Peace states that since 2016, there have been efforts in Congress and U.S. states “to pass legislation that is framed as being about fighting antisemitism, but that in practice […] is about targeting non-violent protest, activism, and criticism of Israel and/or Zionism.”
However, a closer look reveals that these legislative efforts do not originate from U.S. politicians. Instead, they have been driven by wealthy Israeli expats in collusion with Netanyahu’s government.
In a leaked 2020 email, Florida State Rep. Randy Fine explains the machinations behind the first Florida “antisemitism bill” – HB 741, which was signed by Governor DeSantis in Israel the preceding year. The law focused on shutting down anti-Israel activities on university campuses in the state.
Fine identifies an individual by the name of Joseph Sabag as the architect of the bill.
“In addition, Joe Sabag at the Israeli-American Coalition for Action was instrumental in providing outside support as I pushed the bill and I would highly recommend anyone considering such an effort speak with him,” Fine writes in an email to fellow state representatives in Oklahoma, Kansas, North Carolina and Arkansas – in a drive to get similar legislation enacted in those jurisdictions as well.
Rep. Fine also indicates that he’s impressed with how the legislation has been structured:
“The elegance of the solution is two-fold:
1) we avoid debate over ‘what is anti-Semitism’ by relying on the world’s most recognized definition.
2) We leverage decades of legal precedent in limiting racist speech, groups on campus, acts by faculty and administrators, etc. and simply apply it to anti-Semitism,” Fine writes.
In a follow-up email, Sabag responds to Fine and the other state lawmakers:
“My legal team has now taken Randy’s bill and refined it into a model that can be brought elsewhere. I urge you to please contact me or Rep. Alan Clemmons and take advantage of our policy support if you are considering filing a bill. We are here to serve,” Sabag* writes.
*JOSEPH SABAG: THE ARCHITECT a 2005 graduate of the Florida International University’s College of Law, is an attorney attached to an organization called the Israeli American Council (IAC).
Written by by JONAS VESTERBERG