On January 19, the U.S. Department of Education’s Office for Civil Rights (OCR) issued an important new technical assistance document, “Questions and Answers on Executive Order 13899 (Combating Anti-Semitism) and OCR’s Enforcement of Title VI of the Civil Rights Act of 1964.” The new resource is intended to “provide clarity to the public” regarding OCR’s oft-misunderstood approach to anti-Semitism cases. LDB Founder and Chairman Kenneth L. Marcus, who previously headed OCR, explained, “This resource is important, not only to respond to common questions and refute frequent misunderstandings but also to ensure that the Executive Order would be institutionalized within OCR’s policy apparatus, including its new policy portal.” As a general matter, the FAQ emphasize the Executive Order’s underlying principle, which is that the federal government must enforce federal civil rights law “against prohibited forms of discrimination rooted in anti-Semitism as vigorously as against all other forms of discrimination prohibited by Title VI [of the Civil Rights Act of 1964].” The FAQ rebut one canard, which had circulated in the wake of early misreporting: OCR confirms that the Executive Order does not define Jews as a race or nationality. Instead, the Order reaffirms that Title VI protects Jews from anti-Semitic harassment or other discrimination if it is based on their race, color, or national origin, which can include discrimination based on their shared ancestry or ethnic characteristics. Marcus explained, “This is important, because OCR had declined to recognize Jews as a protected group prior to the guidance that I issued, on behalf of OCR, in 2004 and that the Obama-Biden administration affirmed in 2010.” The Executive Order elevates this issue beyond the status of informal agency guidance. The FAQ also explains that the Order does not provide its own new definition of anti-Semitism. Rather, the Order, “provides that federal agencies ‘shall consider’ the non-legally binding working definition of anti-Semitism adopted on May 26, 2016, by the [International Holocaust Remembrance Alliance].” Marcus explained, “It is important that universities remember that OCR is evaluating their treatment of Jewish students against internationally-accepted norms, including the IHRA working definition and its guiding examples.” Moreover, the Executive Order does not restrict free speech. OCR’s explanation is important here and should be carefully considered by educational administrators: The Executive Order instructs federal agencies that they “shall not diminish or infringe upon any right protected under Federal law or under the First Amendment.” Additionally, the Executive Order requires consideration of the IHRA definition and accompanying examples only where useful as “evidence of discriminatory intent.” OCR will enforce all civil rights laws under its jurisdiction without restricting speech or expression protected by the U.S. Constitution, and has made clear that schools working to prevent discrimination must respect the free speech rights of students, faculty, and others. As Marcus explained, “OCR’s clarification is critical here, in light of all the misinformation that has surrounded this issue. The working definition must be used carefully, in a way that respects the free speech of everyone involved, just as it must be applied firmly, in a way that ensures the equal rights of all students.Guided by the IHRA definition and First Amendment principles, the document provides a helpful framework for understanding how and why these two governmental actions harness the power of the law to combat Jew hatred. The resource contextualizes Executive Order 13899 in the face of rising anti-Semitism, related and unrelated to the Coronavirus. Importantly, the document affirms that “Actions that target and scapegoat particular individuals or groups based on ethnic or ancestral characteristics for ‘spreading disease’ are intolerable, and schools should take special care to ensure that all students have a learning environment free from bias or discrimination.” More information and OCR’s complaint form are available at www.ed.gov/ocr/complaintintro.html.