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From the United States to Europe, Criticizing Israel Is Becoming a Crime

by Kit Klarenberg 
 
Part 2 - ‘Drastic Rise’
 
In a grave testament to the speed with which U.S.-based pro-Israel organizations, including several prominent Jewish advocacy groups, sought to capitalize on October 7 for their own purposes, two-and-a-half weeks after Palestinian fighters breached Gaza’s infamous apartheid walls, Republican lawmaker Mike Lawler proposed H.R. 6090, also known as the Antisemitism Awareness Act.

Lawler is a major recipient of Israeli lobby funds, with the influential lobbying group AIPAC gifting him $392,669 in 2023 and 2024 alone, his largest donor by some margin. His bill would require the Department of Education to consider the highly controversial International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism (which critics argue conflates criticism of Israel with antisemitism) when determining if cases of harassment are motivated by antisemitism, raising concerns that it would violate the intent of Title VI of the Civil Rights Act of 1964.

This, its proponents argue, “prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance,” including colleges and universities. H.R. 6090 is openly supported by nearly all influential pro-Israel organizations, including the ADL.
 
The IHRA definition has been condemned by many, including attorney Kenneth Stern, who helped draft it, for falsely conflating legitimate criticism of Israel with antisemitism. The ACLU warns that H.R. 6090 raises the clear risk that U.S. educational facilities will “restrict student and faculty speech critical of the Israeli government and its military operations,” for fear of “losing federal funding.”

Longstanding U.S. law already prohibits antisemitic discrimination and harassment by federally funded entities, making the proposed legislation completely unnecessary.
 
Despite the obvious and dire threats to fundamental freedoms posed by the bill, and even harsh criticisms from major Jewish groups (such as J Street and Jewish Voice for Peace), it received barely any mention by major news outlets. Still, Congress supported it by an overwhelming majority, voting 320 to 91 in its favor.

Senators nonetheless failed to consider the legislation, prompting Congressman Josh Gottheimer, who received $797,189 from AIPAC in 2023 and 2024, to reintroduce the bill in February. In the meantime, U.S. lawmakers again took a deeply worrying step in Israel’s clear favor.

On November 28, 2023, Congressman David Kustoff—another AIPAC beneficiary—introduced a House Resolution “strongly condemning and denouncing the drastic rise of antisemitism” in the U.S. and “around the world” following October 7. Citing the IHRA’s antisemitism definition, it declared that popular Palestine solidarity chants—protected by the First Amendment—“From the River to the Sea,” “Palestine Will Be Free,” and “Gaza Will Win” to be genocidal, and claimed that a candlelit vigil at the Democratic National Committee that month had endangered lives. 

It concluded by calling on Congress to “clearly and firmly [state] that anti-Zionism is antisemitism,” which they did inordinately. In all, 311 lawmakers voted for the Resolution, with just 14 against.

Niko House, a media personality and activist specializing in civil rights and anti-imperialist issues, believes that these efforts are desperate attempts to justify legal measures that threaten civil liberties and would be unthinkable if any other country were in the crosshairs—including the U.S. itself.

“If enacted, these laws will give authorities broad license to persecute anyone and everyone who calls attention to the unprecedented levels of discrimination Palestinians experience today, and have done for over 75 years,” House tells MintPress. He reserves particular contempt for H.R. 6090:

                                                               As a Black man, I find it deeply insulting [that] Congress would exploit the Civil Rights Act to silence, if not criminalize, pro-Palestine sentiment. Whether it be segregation, freedom to attend whatever educational institution or pursue whatever career you choose, or equal and indiscriminate access to facilities and basic sustenance like food and water, Palestinians have been suffering from the very forms of discrimination the Act was created to protect against ever since Israel’s creation. And the Gaza genocide has made all of this even worse.
 
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