Why the Anti-Semitism Awareness Act Would Chill Constitutionally Protected Speech
The bill, unanimously approved by the Senate last week, intensifies the conflict between antidiscrimination law and freedom of speech.
Last week the Anti-Semitism Awareness Act of 2016, a.k.a. S. 10, was introduced in the Senate, read three times, and approved by unanimous consent without debate or amendment—all on one day. That sort of bipartisan consensus, which suggests a bill is so obviously unobjectionable that no discussion is necessary, usually means trouble, and this case is no exception. In the name of protecting Jewish students from discrimination, S. 10, if approved by the House, will encourage universities to suppress dissenting political opinions and have a chilling effect on constitutionally protected speech.
S. 10, introduced by Sens. Tim Scott (R-SC) and Robert Casey Jr. (D-Pa.), codifies a controversial State Department definition of anti-Semitism that includes one-sided criticism of Israel and opposition to Zionism. Last year the University of California declined to adopt that definition based on concerns that it would violate the First Amendment by deterring pro-Palestinian activism. S. 10 would have the same effect on a national scale, notwithstanding its assurance that "nothing in this Act…shall be construed to diminish or infringe upon any right protected under the First Amendment."
Read the whole thing in the New York Post.