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Who will be the final arbiter of the line between free speech and vile expressions of hate towards Jews? Will it be those on the side of freedom and truth, or will it be an intolerable government bureaucrat, or even worse, the very Marxist agitators who undermine our freedoms in the first place?
It’s getting old. The protests across America’s college campuses continue. In-person classes and commencement ceremonies have been cancelled. Parents are demanding refunds. Donors are rescinding contributions. American higher education is now plagued with formerly elite academic institutions that have witnessed the vilest expressions of hatred towards the Jewish people. Civility and integrity are no longer regarded, and antisemitism still doesn’t seem to be slowing down.
But can antisemitism be confronted without actually addressing its antecedent root cause? Last week, the U.S. House of Representatives passed the Antisemitism Awareness Act, sponsored by New York Republican Mike Lawlor, to cement the definition of antisemitism currently used by government agencies, including the Department of Education, to enforce civil rights protections under Title VI. It overwhelmingly passed, 320-91, with over 70 Democrats and just 21 Republicans voting against it. Moreover, the bill itself is similar to language used in an executive order issued by former President Donald Trump in 2019.
So why was this not a slam dunk, and why are some conservatives divided over the bill? There is no doubt that antisemitism is evil and it must be rejected by all. Full stop. But not just any form of legislation, no matter how popular, expedient, or fashionable, is adequate to address antisemitism and its Marxist purveyors on college campuses.
Any bill of this nature must simultaneously, carefully safeguard freedom of speech, conscience, and assembly from the very authoritarians who would misuse and abuse it when given the chance.
By now, I don’t have to tell you that conservatives are divided on this bill because this bill doesn’t add much clarity but instead gives more discretionary power to bureaucrats.
Lest we forget, America has a history of legislative victories in moments of crisis that later turned out to be real defeats for constitutional freedom and civil liberty. The Patriot Act, which was originally designed to only counter terrorism, was a perfect example of this.
Regardless of where you and many of our conservative friends stand, let’s get one thing straight: There are no conservatives confused about the moral and spiritual evils of antisemitism. No conservative in America believes that antisemitism should be tolerated, harbored, or coddled under the auspices of free speech. No conservative is apathetic to the real evils manifestly observed on college campuses today against Jewish students and Jewish people. And no conservative is agnostic about the history of antisemitism.
The problem arises if, and when, any overzealous federal bureaucrat utilizes such a bill to punish or censor conservatives, Christians, or even historic principles that are by no means antisemitic, nor are they the intended culprit of the legislation.
Now, you might ask, could such a thing happen? Is this bill actually going to do that, or is it going to stop what we’re seeing on campus?
According to Jewish conservative Ben Shapiro and other notable conservative thought leaders, the bill fails to provide clarity on two main premises.
First, it relies on a borrowed definition of antisemitism from the IHRA, or the International Holocaust Remembrance Alliance. You might ask, “Well, what’s the problem with that?” The definition itself is not contained within the House bill and it was first introduced as a non-legally binding, working definition of antisemitism. And here’s what it says:
“Antisemitism is a certain perception of Jews which may be expressed as hatred towards Jews; rhetorical and physical manifestations of antisemitism are directed towards Jewish or non-Jewish individuals…”
Now is that clear to you? The definition here is broad and imprecise. It even includes non-Jewish individuals. How, and what does that even mean?
The second, more contested piece of the legislation is that while it relies on the IHRA working definition of antisemitism, it also includes specifically cited examples like “Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis.”
No doubt, as we have seen some use the phrase “Christ is King” as an antisemitic slur, we immediately recognize the truth claim above all should never be surrendered, not even for contemporary culture nor a political moment. While some might abuse Christian language, truth claims, and symbols as racial and ethnic slurs, there can be no confusion that Christian orthodoxy and biblical doctrine must never, ever be co-opted or surrendered.
And do not take that as my opinion alone. Many Jewish conservatives have already argued that that’s exactly what this bill makes possible in the hands of an overly aggressive, authoritarian, administrative state.
So how should Christians respond? Colossians 2:8, NIV, says, “See to it that no one takes you captive through the hollow and deceptive philosophy, which depends on human tradition and the elemental spiritual forces of this world rather than on Christ.”
Antisemitism is evil. Period. Full stop. Yes, we must confront it. We also must not be naïve about the antecedent of antisemitism today.
America has a problem with Marxism and Marxist ideologies that have taken college campuses by storm. Just answer this question honestly: What does a non-binary, gender-fluid, trans advocate have in common with a pro-Hamas Islamofascist protester? If you answered, “It’s all Marxism,” you’d be correct.
While we do need a more precise legal definition of antisemitism, we must also recognize the troubling observations that many conservatives have made about this bill. We must also be mindful that the Gospel of Jesus Christ is for the Jew first and also the Gentile, and when sharing the Gospel we must risk offending our neighbors — even our Jewish neighbors whom we dearly love.
But who will be the final arbiter of such offenses? Will it be those on the side of freedom and truth, or will it be an intolerable government bureaucrat, or even worse, the very Marxist agitators who undermine our freedoms in the first place?
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