Aletho News

ΑΛΗΘΩΣ

Texas judge: Enforcing the IHRA definition of anti-Semitism limits speech

Interim decision allows policies to remain in place for now

‘Freedom for Palestine’ protest march that drew thousands of participants on November 4, 2023 in Berlin, Germany. [Sean Gallup/Getty Images]
MEMO | October 31, 2024

A federal court in Texas ruled this week that restrictions imposed by Texas public universities on anti-Israel speech violate the First Amendment. The case, Students for Justice in Palestine at the University of Houston et al v Greg Abbott et al, involves student organisations who argue that Texas Governor Greg Abbott’s executive order, known as GA-44, stifles their ability to engage in constitutionally protected criticism of Israel on campus.

The order, issued by Governor Abbott in March 2024, was framed as a measure against rising anti-Semitism in Texas universities. It mandates all higher education institutions in Texas to update their free speech policies to include a specific definition of anti-Semitism, incorporating the highly controversial, International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism.

Seven of the 11 examples cited in the IHRA conflate criticism of Israel with anti-Jewish racism. It’s widely criticised for having a chilling effect on free speech including by its founder Kenneth Stern. It lists examples of anti-Semitic acts, such as claiming that “the existence of a State of Israel is a racist endeavour” and “drawing comparisons of contemporary Israeli policy to that of the Nazis.”

Student groups argue that these examples restrict their ability to express criticisms of Israeli policies without facing sanctions from the university.

The plaintiffs, including Students for Justice in Palestine (SJP) at the University of Houston and the Palestine Solidarity Committee at the University of Texas at Austin, said amendments to the speech policy were unconstitutional. They argued that the policies discriminate against their legitimate views, effectively censoring their criticisms of Israeli state policies by labelling them anti-Semitic. The plaintiffs further alleged that the policy changes chill free expression on campus, leading to self-censorship due to fear of punishment. This crackdown on speech was unconstitutional, they added.

Judge Robert Pitman, who presided over the case, noted that the IHRA definition specifically targets expressions critical of Israel, thus chilling a form of “political speech that is fundamental to the university experience.” The judge highlighted that universities, as centres of intellectual debate, are “vital spaces” where students should be able to engage in robust discussions on contentious issues, including foreign policy matters such as the Israeli-Palestinian conflict.

While the court acknowledged that universities have a responsibility to prevent genuine harassment and anti-Semitism, it found that enforcing a definition which includes political criticism of Israel as anti-Semitic oversteps constitutional boundaries. The court’s decision emphasised that the First Amendment prohibits the state from punishing viewpoints it finds disagreeable and that universities cannot impose speech restrictions based solely on anticipated discomfort or controversy.

This ruling is also a significant critique of the IHRA definition of anti-Semitism, which has faced growing scrutiny for conflating criticism of Israel with anti-Semitism. Free speech advocates argue that adopting such definitions threaten to limit open discussions on Israel-Palestine issues. Civil rights organisations and free speech groups have long warned that such definitions, when codified into policy, could stifle legitimate political discourse and are particularly problematic in academic settings.

The court’s decision sends a clear signal about the constitutional risks of using the IHRA definition as a basis for regulating speech in academic settings. As Judge Pitman observed, the inclusion of specific IHRA examples within university policies likely infringes upon the First Amendment by “chilling” protected political expression critical of Israel.

The court ultimately denied the plaintiffs’ request for a preliminary injunction, meaning it declined to enforce any immediate changes to the university’s policies while the case continues. Although the court recognised that the plaintiffs could have a strong First Amendment claim, it found that the specific restrictions they requested were too broad to impose right away.

This interim decision allows the policies to remain in place for now, but the court’s findings suggest that any restrictions on political speech at public universities will undergo rigorous First Amendment scrutiny. The case will continue as the plaintiffs seek a resolution, which could further clarify the limits of permissible restrictions to free speech in academic institutions across the US.

October 31, 2024 - Posted by | Civil Liberties, Full Spectrum Dominance | , , ,

1 Comment »

  1. Can we quote Albert Einstein?

    Albert Einstein, Hanna Arendt and other prominent Jewish Americans, writing in The New York Times, protest the visit to America of Menachem Begin, December 1948: “Among the most disturbing political phenomena of our time is the emergence in the newly created State of Israel of the Freedom Party (Herut), a political party closely akin in its organization, method, political philosophy and social appeal to the Nazi and Fascist parties.”

    How about Samuel Roth ?

     “‘Jew Hatred as a Natural Instinct”‘ Samuel Roth states:

    Anti-semitism [Jew-hatred] is so instinctive that it may quite simply be called one of  the primal instincts of mankind,  one of the important instincts by which the race helps to preserve itself against total destruction l cannot emphasize the matter too strongly. Anti-semitism is not, as Jews have tried to make the world believe, an  active prejudice. It is a deeply hidden instinct with which  every man is born. He remains  unconscious of it, as of all other instincts of self preservation, until something happens to awaken it. Just as when something flies in the direction of your  eyes, the eyelids close instantly and of their  own accord. So swiftly and  surely is  the instinct of anti-semitism awakened in man

    . . . There  is not a single instance  when the Jews  have not fully  deserved the bitter fruit of the fury of their persecutors.”

    Or Rabbi Rabinovich ?

    Rabbi Emanuel Rabinovich, which was delivered before the Emergency Council of European Rabbis in Budapest,

    Hungary, Jan. 12, 1952:

    “Greetings, my children. You have been called here to recapitulate the principal steps of our new program. . . . The  goal for which we  have striven so concertedly for !three thousand  years is at last within our reach, and  because its fulfillment is so apparent, it behooves us to increase our efforts and our caution tenfold. . . .Within five years, this program will achieve its objective, the Third World War, which will surpass in destruction all previous contests.  . . .

     This war will end for all time our struggle  against the [white race].  We will openly reveal our identity with the  races of Asia and Africa. I can state with  assurance that the  last generation of white children is now being born. Our Control Commissions will, in the interests of peace  and wiping out interracial tensions. forbid the whites to mate with whites.  The white  women must cohabit with  members of the dark races, and the white men with black  women. Thus  the white race will  disappear. for mixing the  dark with the white will be the end of the white man. and our most  dangerous enemy will  become only a memory. We  [Jews] will  embark upon an  era of  ten thousand years of  peace and plenty, the  Pax Judaica, and our  race will rule undisputed over the earth. Our superior intelligence will  easily enable us to retain  mastery over a world of dark peoples.”

    Karl Marx once stated:

    “There can be no solution of the problems of the world without the destruction of the Jews and their religion, Judaism. “Can I quote Karl Marx?

    Like

    peterjohnarnold's avatar Comment by peterjohnarnold | November 1, 2024 | Reply


Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.