The Maryland State House

The Maryland State House

Earlier this month, Texas Governor Greg Abbott called in his budget for laws which will stop state support for businesses that endorse or adhere to boycotts of Israel. Seventeen states have currently enacted anti-BDS (boycott, divestment and sanction) legislation, with states such as Pennsylvania and Ohio having done so in just the last few months. The Texas law address state pension plans. In a news brief released by the Jewish Telegraph Agency, Abbott is quoted as stating that “[w]hile Texas pension plans have the goal of maximizing returns…this mission should not come at the expense of our principles.” Abbott elaborated further, saying that “Texas funds…should be prohibited from making investments that directly fund our nation’s enemies or those…with stated anti-Israel policies.” Texas, like many other states, currently bans state pensions and retirement funds from investing in Iran. Abbott met with Ron Dermer, the Israeli ambassador to the United States, last year. During his time with the ambassador, as reported by The Algemeiner, Abbott stated that both Iran and the BDS movement against Israel “actively engage” in attempts to delegitimize the Jewish state. Texas is no stranger to BDS and BDS-aligned groups such as Students for Justice in Palestine (SJP).

Governor Abbott’s calls for Texas anti-BDS legislation mirror the attempts by Maryland legislators. Maryland lawmakers and Jewish advocacy groups are currently putting the final touches on a bill that would ban companies that support the BDS movement from doing business with the state. This new bill comes after a failed attempt to introduce similar legislation last April. The previous attempt never saw the proposed bill introduced, which opponents of the bill credit to “intense opposition from public and state legislators.”  The text for the proposed bill uses language similar to that of U.S. Senator Ben Cardin’s (D-MD) anti-BDS bill, which defined BDS as “actions…intended to penalize or otherwise limit commercial relations” with Israel. Cardin’s anti-BDS bill, H.R. 6298, was not enacted.

Both the Texas and Maryland attempts at anti-BDS legislation will face stiff resistance from the active members of BDS groups within both states. Critics of the Texas legislation claim it “infringes upon the First Amendment right to free speech,” specifically in regards to state issued funds. Defenders of anti-BDS legislation, such as Eugene Volokh, have responded that such anti-BDS bills do not restrict speech. Volokh explains that “a [business] doesn’t lose [federal/state] money just for condemning Israel or even praising a boycott, but only for actually boycotting Israel: refusing to deal with Israeli institutions or scholars.” Maryland’s legislation may face more intense opposition, since Mayland BDS groups believe that they helped to stop similar legislation from being passed last year, a belief that will no doubt embolden their resistance. Regardless of the challenges, legislators in both states are pressing on in their pursuit of legislation against the undue pressures targeting Israel and Israel’s supporters.

BDS is rapidly losing ground to the onslaught of legislation it faces at both the state and federal level. The BDS campaign’s attempts to stifle academic freedom and to demonize Israel are facing stiff opposition from an informed public, a public that became informed due to the now publicly litigated nature of the anti-Israel movement. Every attempt at a boycott motion, and the subsequent reaction from the states, leads to discrediting of the BDS movement. With more and more states now drafting anti-BDS legislation and several bills introduced through congress as well, it is only a matter of time before the BDS movement loses what little credibility it has left.

Senate

In a powerful moment of unanimity on Tuesday, the Senate called upon the Trump administration to support the Jewish community, in light of recent security threats to Jewish community centers (JCCs) across the nation. All 100 Senators signed a letter urging the administration to actively address the upsurge in bomb threats against Jewish institutions. The letter asks the administration to reach out to JCCs, schools, and temples and help to “enhance security measures and improve preparedness.” The Senators specifically suggest “victim assistance, grant opportunities or other federal assistance” for Jewish centers.

The Senate’s plea expresses deep concern about the increasing number of anti-Semitic incidents nationwide. Over 100 bomb threats have been made against Jewish centers and institutions this year, according to the FBI. The Secure Community Network of the Jewish Federations of North America reported nearly two dozen threats this week alone. In Missouri, Juan Thompson of St. Louis was arrested by the FBI and charged with issuing eight threats to Jewish schools, museums and activist groups, including the Manhattan office of the Anti-Defamation League. Thomson allegedly contacted Jewish institutions in New York City, Michigan, San Diego, and Dallas, claiming to know of bombs on their grounds.

These “cowardly acts aim to create an atmosphere of fear and disrupt the important programs and services offered by JCCs to everyone in the communities they serve,” the Senate letter reads. It is of utmost importance to the Senators that the administration takes swift and pointed action to combat this issue. They warn that “failure to address and deter these threats will place innocent people at risk and threaten the financial viability of JCCs.”

The Senators commend federal action taken thus far and hope to remain informed about further plans to address the threats. The letter was penned by Sens. Gary Peters (D-Mich.), Rob Portman (R-Ohio), Bill Nelson (D-Fla.) and Marco Rubio (R-Fla.) and sent to US Department of Homeland Security Secretary John Kelly, Attorney General Jeff Sessions, and FBI Director James Comey. (more…)

As spring approaches, the United States is reeling from a surge in anti-Semitic incidents, including threats to Jewish Community Centers and attacks on Jewish Cemeteries.

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JNS.Org
March 10, 2017

(JNS.org) South Carolina lawmakers voted 103-3 to overwhelmingly to approve a bill that will help school administrators better combat anti-Semitism at state universities.

“Anti-Semitic incidents are on the rise across America and especially on our college campuses,” said South Carolina State Representative Alan Clemmons, who authored and cosponsored the bill.

“I believe this is an overdue and appropriate response that will strengthen our state’s preparedness to deal with acts of anti-Semitism,” he said.

The bill, H.3643, ensures legal protections for Jewish students by using the U.S. State Department’s definition of anti-Semitism, while providing South Carolina’s state universities with the means to fight anti-Jewish discrimination.

Kenneth Marcus, president of the Louis D. Brandeis Center for Human Rights Under Law, had testified at the South Carolina House Judiciary Subcommittee hearing in support of the legislation. He said the bill’s passage comes at a crucial time amid growing anti-Semitism throughout the country.

“We applaud the South Carolina legislators for standing up against this growing anti-Jewish bigotry, and in a way that fully protects free speech on campus,” Marcus said.

“We congratulate Representative Clemmons, his colleagues in the Israel Allies Caucus and the Israel Allies Foundation for their successful efforts to fight discrimination on campus,” he added.

The bill will now be sent to the South Carolina Senate for approval. .

Original Article

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Washington, D.C.The Louis D. Brandeis Center for Human Rights Under Law (LDB) today applauded the South Carolina House of Representatives for its overwhelming approval of legislation that will help combat the growing threat of anti-Semitism on state college campuses.

“Anti-Semitism is on the rise across our nation. In the past few weeks, many hateful acts have been committed against the Jewish community. According to the FBI’s latest reporting, there were more incidents of anti-Semitism than all other religious hate crimes combined. And the situation is worst on college campuses where the threat to Jewish students is escalating at a rapid and frightening rate,” stated LDB president Kenneth L. Marcus, who testified at the South Carolina House Judiciary Subcommittee hearing on the bill. “We applaud the South Carolina legislators for standing up against this growing anti-Jewish bigotry, and in a way that fully protects free speech on campus. We particularly commend Representative Alan Clemmons who authored this bill and has been a tremendous leader in protecting Jewish students and all students. We congratulate Representative Clemmons, his colleagues in the Israel Allies Caucus and the Israel Allies Foundation for their successful efforts to fight discrimination on campus.”

“The House today voted 103-3 in overwhelming support to pass H. 3643, after a particularly powerful floor speech by the great Rep. Alan Clemmons (available for viewing here). The timing could not be more appropriate, given the targeting of Jewish schools and community institutions we are now witnessing almost daily. This unprecedented bill will give South Carolina’s state educational institutions the ability to ensure that incidents of anti-Semitism are properly responded to while simultaneously protecting free speech rights. For the past few years South Carolina, and specifically Rep. Alan Clemmons, have been bravely leading the way with badly needed legislation like H. 3643. It should be noted that Clemmons and South Carolina lead the nation in efforts to legislatively combat the BDS Movement, and it is certainly our expectation that additional state legislatures will now again follow suit and stand squarely against other manifestations of anti-Semitism as well,” stated Joseph Sabag, U.S. Director for Israel Allies Foundation.

The South Carolina bill, H.3643, passed the South Carolina House by a vote of 103 – 3 yesterday and received unanimous consent in its final approval today. It will now move to the Senate for consideration. The bill ensures crucial legal protections to the rights of Jewish students. It provides South Carolina public post-secondary institutions with a proper definition of anti-Semitism to use to identify and fight discrimination of Jewish students.
The definition included in H. 3643, the U.S. Department of State’s definition of anti-Semitism, is the single most authoritative definition of anti-Semitism in the U.S. and across Europe. In addition to defining classic forms of anti-Semitism, the State Department definition is careful to clarify the confusion surrounding the line between anti-Semitism and legitimate criticism of the State of Israel. The U.K. recently adopted an almost identical definition to combat anti-Semitism and 50 countries across the globe endorse it.

“Anti-Semitic incidents are on the rise across America and especially on our college campuses,” stated Representative Clemmons, bill author and chief cosponsor. “I believe this is an overdue and appropriate response that will strengthen our state’s preparedness to deal with acts of anti-Semitism. I wish to thank the professionals at the Israel Allies Foundation and the Louis D. Brandeis Center for their important legal and policy assistance. This bill would not be where it is today without their expertise and resourcing. I am a proud of the South Carolina legislature’s leadership role in this battle.”

The South Carolina bill is careful to protect students’ First Amendment rights. H. 3643 in no way regulates or restricts free speech and/or academic freedom. Rather, the bill ensures that authorities consider the U.S. Department of State’s definition of anti-Semitism in instances when it is necessary to determine the intent of unprotected activities, including assault, battery and vandalism.

Anti-Semitism is an urgent and compounding problem across the nation. Jewish hate crime victims, totaling 664 in 2015 according to the FBI’s Hate Crime Report, outnumber victims of all other religious groups combined (580 victims). A Brandeis Center-Trinity College study found that 54 percent of Jewish students reported experiencing or witnessing anti-Semitism in 2014. And the situation is getting worse. An AMCHA Initiative study reports a 45 percent increase in anti-Semitic incidents in the first half of 2016 as compared to the same period in 2015.

There has been significant work on the federal level to tackle discrimination of Jewish students. Sens. Tim Scott (R-SC) and Bob Casey (D-PA) introduced and unanimously passed the bipartisan Anti-Semitism Awareness Act in the Senate in early December. This Act will assist the U.S. Department of Education’s Office for Civil Rights in deciding whether harassment was motivated by anti-Semitic intent. Reps. Peter J. Roskam (R-IL) and Ted Deutch (D-FL) introduced the companion bipartisan House bill (H.R.6421), but it was too late in the congressional term to achieve passage. Congress is expected to take action this year.