ALL HATE SPEECH IS CONDEMNABLE, BUT MOST IS CONSTITUTIONALLY PROTECTED

QUICK READ: Responding to pro-Palestinian activism on college campuses, Republicans, long purveyors of antisemitism, pushed through the House legislation conflating political opposition to Israeli policies with antisemitism. The Senate must kill this legislation, which violates the First Amendment’s protection of free speech and actually supports stereotypes against Jews.


CONTENTS:

BACKGROUND

Contrary to a common misconception, most expressions termed “hate speech” have First Amendment protection and cannot lawfully be censored, punished, or unduly burdened by the government simply because it might offend.

On campuses grappling with shock over events in Israel and Gaza,  Jewish students have complained about antisemitic harassment, while pro-Palestinian groups are being shut down and their actions called “support for terrorism” for merely engaging in protected speech. 

Despite Trump’s  blatant antisemitism and that of their party, news reports of campus disturbances have allowed MAGA Republicans to expand their “anti-woke” attacks to higher education by  weaponizing the federal definition of antisemitism.  

HR.6090, the House-passed Antisemitism Awareness Act, contains a definition meant to apply only to research to now penalize not just threats against Jews but also political criticisms of Israel, which many Jews oppose.

More seriously, collapsing Jewishness into Zionism presumes all Jews are either Israeli national or Israeli nationals in-waiting, provoking questions of dual loyalty and intimations that Jews are not true Americans.

HR.6090, which impermissibly encourages college administrations to suppress a wide variety of protected speech critical of Israel to avoid potential loss of funding, is actually detrimental to the Jewish interests it claims to protect, and is part of MAGA’s culture wars, the Senate must reject it by killing S.4127, its companion legislation.


ACTION One: Call the Senate.

Script for Oregon Senators

SEN. MERKLEY: Portland office: 503-326-3386 | D.C. office: 202-224-3753

My name is [--] and I'm a constituent from [city], Oregon [zip code].

Responding to pro-Palestinian activism on college campuses, Republicans, long purveyors of antisemitism, pushed through the House the Antisemitism Awareness Act (HR.6090), legislation that conflates political opposition to Israeli policies , which many Jews oppose, with antisemitism. It will also put pressure on college administrations to suppress a wide variety of protected speech to avoid the possible loss of federal funds. The Senate must kill its Senate counterpart (S.4127), which violates the First Amendment’s protection of free speech and actually supports stereotypes against Jews.

SEN. WYDEN:

Portland office: 503-326-7525 | D.C. office: 202-224-5244

My name is [–] and I’m a constituent from [city], Oregon [zip code].

In responding to a reporter’s question about your position on S.4127, the Antisemitism Awareness Act that you co-sponsored, you said that you are “a First Amendment guy” and you would have to “look at the language.” The definition contained therein conflates political opposition to Israeli policies, which many Jews oppose, with antisemitism. This language, which punishes protected political speech, clearly violates the First Amendment. It also supports stereotypes about Jews by collapsing Jewishness into Zionism, which presumes all Jews are either Israeli nationals or Israeli nationals in-waiting, provoking questions of dual loyalty and intimations that Jews are not true Americans. After you carefully read the language of S.4127, I am confident you will work to kill the bill.

Script for Republican Senators

D.C switchboard: 202-224-3121

My name is [–] and I’m a constituent from [city], [state], [zip code].

If you truly are concerned about antisemitism on college campuses, as you maintain, you will work to kill this dangerous and unnecessary legislation. S.4127, the bill that will soon be up for discussion, conflates political opposition to Israeli policies, which many Jews oppose, with antisemitism. This language, which punishes protected political speech, clearly violates the First Amendment. It will also put pressure on college administrations to suppress a wide variety of protected speech to avoid the possible loss of federal funds. After you carefully read the language of S.4127, I expect you to work to kill the bill.


ACTION TWO: Call the House.

Script for Suzanne Bonamici (OR-01)

Oregon office: 503-469-6010 | DC office: 202-225-0855

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you for voting against HR.6090, the Antisemitism Awareness Act, a dangerous and unnecessary piece of legislation that extends the MAGA Republicans’ “anti-woke” attacks on education to college campuses. The legislation, which conflates political opposition to Israeli policies, which many Jews oppose, with antisemitism, clearly violates the First Amendment right to free speech. Thank you for standing up for the constitutional rights of your constituents and all Americans.

Script for Cliff Bentz (OR-02)

Medford office: 541-776-4646 | DC office: 202-225-6730

My name is [–] and I’m a constituent from [city], Oregon [zip code].

As your constituent, I was very disappointed that you voted for HR.6090, the Antisemitism Awareness Act. If you were truly concerned about antisemitism on college campuses, as you maintain, you would have worked to kill this dangerous and unnecessary piece of legislation that both clearly violates the First Amendment right to free speech by conflating political opposition to Israeli policies, which many Jews oppose, with antisemitism and supports stereotypes about Jews by collapsing Jewishness with Zionism.

Script for Earl Blumenauer (OR-03)

Oregon office: 503-231-2300 | DC office: 202-225-4811

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you for voting against HR.6090, the Antisemitism Awareness Act, a dangerous and unnecessary piece of legislation that extends the MAGA Republicans’ “anti-woke” attacks on education to college campuses. The legislation, which conflates political opposition to Israeli policies, which many Jews oppose, with antisemitism, clearly violates the First Amendment right to free speech. Thank you for standing up for the constitutional rights of your constituents and all Americans.

Script for Val Hoyle (OR-04)

Eugene office: 541-465-6732 | DC office: 202-225-6416

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you for voting against HR.6090, the Antisemitism Awareness Act, a dangerous and unnecessary piece of legislation that extends the MAGA Republicans’ “anti-woke” attacks on education to college campuses. The legislation, which conflates political opposition to Israeli policies, which many Jews oppose, with antisemitism, clearly violates the First Amendment right to free speech. Thank you for standing up for the constitutional rights of your constituents and all Americans.

SCRIPT FOR LORI CHAVEZ-DEREMER (OR-05)

Salem office: 503-588-9100 | DC office: 202-225-5711

My name is [–] and I’m a constituent from [city], Oregon [zip code].

As your constituent, I was very disappointed that you voted for HR.6090, the Antisemitism Awareness Act. If you were truly concerned about antisemitism on college campuses, as you maintain, you would have worked to kill this dangerous and unnecessary piece of legislation that both clearly violates the First Amendment right to free speech by conflating political opposition to Israeli policies, which many Jews oppose, with antisemitism and supports stereotypes about Jews by collapsing Jewishness with Zionism.

Script for Andrea Salinas (OR-06)

Salem office: 503-385-0906 | DC office: 202-225-5643

My name is [–] and I’m a constituent from [city], Oregon [zip code].

As your constituent, I was very disappointed that you voted for HR.6090, the Antisemitism Awareness Act. If you were truly concerned about antisemitism on college campuses, as you maintain, you would have worked to kill this dangerous and unnecessary piece of legislation that both clearly violates the First Amendment right to free speech by conflating political opposition to Israeli policies, which many Jews oppose, with antisemitism and supports stereotypes about Jews by collapsing Jewishness with Zionism.


ACTION THREE: Good Trouble.

Below are opportunities to fight for our democracy. As John Lewis said, go make some “good trouble.”

  • PARTICIPATE IN LETTER WRITING WITH INDIVISIBLE OREGON SATURDAY  June 1st  RSVP Here and MONDAY June 10 RSVP Here

  • ATTEND FRIDAY’S AT 4 AND MORE - ONLINE LETTERS AND POSTCARD WRITING  EVERY FRIDAY - RSVP Here

  • KEEP THE MOMENTUM GOING FOR THE #JUSTICECANTWAIT CAMPAIGN: Continue posting to social media demanding that SCOTUS expeditiously reject immunity before May 20, so Americans can get the accountability we deserve instead of sending this case back again to a lower court. Share social media posts with the hashtag #JusticeCantWait. Find toolkit here.

  • Sign the Women’s March Petition to SCOTUS demanding it reject immunity and issue its decision before May 20. Find petition here.


FURTHER READING

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