On December 4th, Brandeis Center Chairman Kenneth L. Marcus testified before the Ohio Senate Judiciary Committee as a proponent of S.B. 297. The bill would codify the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism into Ohio law and expand legal protections by broadening the definition of “ethnic intimidation” to include crimes such as riots or aggravated riots motivated by hate based on religion, race, color, or national origin. Marcus highlighted the benefits of legislation that responds to an increase in antisemitic incidents in Ohio and the broader United States, including physical assaults, harassment, and vandalism. The IHRA definition provides a framework for identifying antisemitic intent in discriminatory acts, enabling authorities to effectively recognize and prosecute hate-driven crimes. The federal government and 35 other states (including the District of Columbia) have already adopted it through executive orders, resolutions, legislation, or executive proclamations, believing that IHRA is a key tool in combating anti-Semitism. In 2022, Governor DeWine issued Executive Order 2022-06D (“Defining and Combating Antisemitism”), which formally adopted the IHRA definition. S.B. 297 seeks to further codify it into Ohio law. Marcus assuaged free speech concerns surrounding the IHRA definition. The proposed bill focuses on regulating conduct rather than speech, using the IHRA definition to determine if discriminatory acts were motivated by antisemitic intent. It aligns with Supreme Court precedent (Wisconsin v. Mitchell) that allows enhanced sentences based on a defendant’s motive without violating free speech rights. Additionally, the bill explicitly states that it will not infringe on First Amendment protections, ensuring free speech is preserved. Importantly, the IHRA definition distinguishes between legitimate criticism of Israel, which remains protected, and antisemitism, providing a clear framework to address hate-driven conduct effectively. “It is carefully constrained within guardrails so that it is constitutionally compliant but at the same time it is more than just educational or symbolic,” Marcus said. “It is a definition that would be used by officials in actual cases.” The proposed legislation comes on the heels of anti-Semitic incidents in Ohio. Recently, neo-Nazis marched through Columbus, brandishing flags adorned with swastikas and shouting racist and anti-Semitic slurs. Over the summer, nearly 200 Jewish gravestones were vandalized or destroyed at two cemeteries in Cincinnati, shattering not only monuments but the sense of security within the community. At Ohio State University (OSU), Jewish students have faced a series of violent and intimidating attacks, prompting a Title VI complaint filed by the Brandeis Center, StandWithUs, and ADL. In the aftermath of October 7th, two Jewish students were physically assaulted, suffering severe injuries, including a broken nose and a broken jaw. During the attack, they were targeted explicitly for being Jewish and subjected to vile anti-Semitic slurs, including being called ‘Zionist kike[s].” Also at OSU, Jewish students seeking signatures for a petition against anti-Semitism were confronted by a man saying he wanted to “kill Jews,” a peaceful Shabbat dinner at the campus Hillel was disrupted by pro-Palestinian protesters, and Jewish students have faced door vandalism in their residences. Anti-Israel encampments and protests have also devolved into a hotbed of anti-Semitism, with demonstrators targeting Jewish individuals and communities through physical assaults, harassment, and vandalism. Read the full written testimony or watch here.