Late last month, the student chapter of Students for Justice in Palestine at George Mason University posted a video on a social media account that criticized U.S. foreign policy and Israel. The video (now removed), which apparently stylistically mimicked a Hamas video, included phrases such as “genocidal Zionist State,” “the belly of the beast,” and “from the river to the sea.” It also specifically addressed conditions in Gaza and GMU’s alleged oppression of pro-Palestinian protestors.
Regardless of one’s views on Israel and Gaza, all of this is protected speech. But rather than protecting student political discourse, GMU demanded the SJP chapter take down the video explicitly because its language ran afoul of the International Holocaust Remembrance Alliance’s vague definition of antisemitism, which has been incorporated into GMU’s anti-discrimination policy. The school warned that failure to comply could result in disciplinary action.
Student groups at public universities have the First Amendment right to post videos expressing their views on international conflicts, even if some members of the campus community are offended by the viewpoints expressed. We’ve seen no evidence the video constituted incitement, true threats, intimidation, or student-on-student harassment — narrow categories of speech unprotected by the First Amendment.
When campus administrators invoke the IHRA definition and its examples to investigate, discipline, or silence political expression, the distinction between conduct and speech becomes meaningless.
This is not the first — nor will it be the last — instance of universities relying on vague, overbroad anti-harassment definitions to censor speech some members of the campus community find offensive. In fact, overbroad anti-harassment policies remain the most common form of speech codes on college campuses. But it does point to the clear and growing threat the use of the IHRA definition poses to campus discourse about the Israel-Palestine conflict. It’s a danger about which FIRE has warned of since 2016, a danger we’ve seen in application, and one that the IHRA definition’s supporters routinely brush aside. As more and more states adopt IHRA for the purpose of enforcing anti-discrimination law, we’re likely to see increasingly more instances of campus censorship in the future.
IHRA defines antisemitism as:
a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.
The document also provides a list of examples of antisemitism that include, among others:
- Applying double standards by requiring of [Israel] a behavior not expected or demanded of any other democratic nation.
- Drawing comparisons of contemporary Israeli policy to that of the Nazis.
Language that does this (and that does not also fall into a specific category of unprotected speech) may offend some or many people. It nevertheless constitutes core political speech. Supporters of the use of the IHRA definition on campus insist that the definition does not restrict free speech, but rather helps identify antisemitic intent or motive when determining whether a student has created a hostile environment in violation of anti-discrimination laws. But this attempted distinction collapses in practice.
When “intent” is inferred from political expression — as it has at GMU and other campuses across the country — speech itself becomes evidence of a violation. Under this framework, students and faculty learn that certain viewpoints about Israel are per se suspect, and both institutional censorship and self-censorship follow. Despite its defenders’ claims, when campus administrators invoke the IHRA definition and its examples to investigate, discipline, or silence political expression, the distinction between conduct and speech becomes meaningless.
Analysis: Harvard’s settlement adopting IHRA anti-Semitism definition a prescription to chill campus speech
Harvard agreed to settle two lawsuits brought against it by Jewish students that alleged the university ignored “severe and pervasive antisemitism on campus.”
The problem is compounded by the Trump administration’s Title VI enforcement. Its unlawful defund-first, negotiate-second approach places universities’ federal funding — sometimes hundreds of millions or even billions of dollars — at the mercy of the administration’s Joint Antisemitism Task Force. That threat alone is enough to force campus administrators to make a choice: censor student speech critical of Israel, or risk losing access to federal funding. All too often, as we have seen repeatedly, institutions choose access to money over standing up for student rights.
Instead of relying on IHRA’s vague definition for anti-discrimination purposes, FIRE has long supported efforts to constitutionally and effectively address antisemitic discrimination on college campuses by passing legislation to:
- Prohibit harassment based on religion.
- Confirm that Title VI prohibits discrimination based on ethnic stereotypes.
- Codify the Supreme Court’s definition of discriminatory harassment.
These options would better address antisemitic harassment and would do so without suppressing free speech.
