Washington, D.C. (October 6, 2023) – Today, the Louis D. Brandeis Center for Human Rights Under Law responded to the growth of anti-Jewish hate crimes with an important new resource: a fact sheet on understanding hate crime laws in America. The Fact Sheet outlines what a hate crime is; who is most commonly targeted for hate crimes in America; why prohibiting hate crimes is important; and the distinction between punishing hate crimes and punishing hate speech or hateful thoughts. “Over the last couple of years, we’ve gotten an increasing number of calls about violent crimes against Jewish Americans, including physical assaults as well as vandalism,” said Brandeis Center Founder and Chairman Kenneth L. Marcus. “We’re providing the new tool as part of our effort to support communities that are struggling with this issue. But the point is not merely to educate. It is to fight. And we will fight, when called upon to do so, to protect the rights of those who have been harmed and to hold wrongdoers accountable.” Crime data shows that members of certain groups face a greater threat of being the subject of a hate crime than others. Over the past five years for which the FBI has published hate crimes data, Jewish Americans were disproportionately targeted for hate crimes by more than 450%. Jewish Americans were targeted for about 11% of all hate crimes, despite being only 2.4% of the U.S. population. With anti-Semitic hate crimes at record levels, states like Florida are looking to prosecute perpetrators. The Brandeis Center provided constitutional and legal analysis to Florida’s Jewish community in support of HB 269, which provides law enforcement agencies with new enforcement mechanisms to punish perpetrators of anti-Semitic incidents. A recent study found that Illinois has experienced an 80% increase in hate crime incidents, leading to calls for additional reporting and enforcement mechanisms. “The Brandeis Center is committed to educating and empowering those who experience anti-Semitism by teaching them about their legal rights. Fact sheets like this one help educate and inform the public about the type of support the Brandeis Center provides,” stated Brandeis Center President Alyza D. Lewin. A hate crime has two elements: a crime – a violation of criminal law – and a specific intention. Intention is defined under U.S. federal law as intentionally selecting the victim of the crime based on a protected characteristic of the victim, most commonly the victim’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. The new fact sheet explains how hate crimes against Jews are categorized. Jewish identity is both ethnic and religious, and those who commit hate crimes against Jews may do so due to hatred of Jews as a group and/or animosity against the Jewish religion. For recordkeeping purposes, the FBI categorizes anti-Semitic hate crimes as crimes motivated by the victim’s actual or perceived religion. Annually, it reports more anti-Semitic hate crimes have been committed than hate crimes against all other religious groups combined. Federal law enforcement must participate in the FBI’s hate crimes reporting program, and the FBI must collect data from local law enforcement. Colleges and universities must also publish reports about hate crimes and some other crimes committed on their campuses. They face significant financial penalties if they fail to do so. To learn more about hate crimes, access our new fact sheet here.