Hearings to examine ensuring safe learning environments for all students, focusing on protests on campus.

1[Senate Hearing 119-88]2[From the U.S. Government Publishing Office]34                                                         S. Hrg. 119-8856                   ANTISEMITIC DISRUPTIONS ON CAMPUS:7                         ENSURING SAFE LEARNING8                     ENVIRONMENTS FOR ALL STUDENTS910=======================================================================1112                                HEARING1314                                 OF THE1516                    COMMITTEE ON HEALTH, EDUCATION,17                          LABOR, AND PENSIONS1819                          UNITED STATES SENATE2021                    ONE HUNDRED NINETEENTH CONGRESS2223                             FIRST SESSION2425                                   ON2627          EXAMINING ENSURING SAFE LEARNING ENVIRONMENTS FOR ALL28                 STUDENTS, FOCUSING ON PROTESTS ON CAMPUS2930                               __________3132                             MARCH 27, 20253334                               __________3536 Printed for the use of the Committee on Health, Education, Labor, and Pensions3738                   [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3940        Available via the World Wide Web: http://www.govinfo.gov4142                              ______4344                 U.S. GOVERNMENT PUBLISHING OFFICE454660-598 PDF                WASHINGTON : 20264748          COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS4950                BILL CASSIDY, M.D., Louisiana, Chairman5152RAND PAUL, M.D., Kentucky            BERNIE SANDERS (I), Vermont,53SUSAN M. COLLINS, Maine                  Ranking Member54LISA MURKOWSKI, Alaska               PATTY MURRAY, Washington55MARKWAYNE MULLIN, Oklahoma           TAMMY BALDWIN, Wisconsin56ROGER MARSHALL, M.D., Kansas         CHRISTOPHER MURPHY, Connecticut57TIM SCOTT, South Carolina            TIM KAINE, Virginia58JOSH HAWLEY, Missouri                MAGGIE HASSAN, New Hampshire59TOMMY TUBERVILLE, Alabama            JOHN HICKENLOOPER, Colorado60JIM BANKS, Indiana                   ED MARKEY, Massachusetts61JON HUSTED, Ohio                     ANDY KIM, New Jersey62ASHLEY MOODY, Florida                LISA BLUNT ROCHESTER, Delaware63                                     ANGELA ALSOBROOKS, Maryland6465                Amanda Lincoln, Majority Staff Director66           Danielle Janowski, Majority Deputy Staff Director67                Warren Gunnels, Minority Staff Director68               Zain Rizvi, Minority Deputy Staff Director6970                            C O N T E N T S7172                              ----------7374                               STATEMENTS7576                        THURSDAY, MARCH 27, 20257778                                                                   Page7980                           Committee Members8182Cassidy, Hon. Bill, Chairman, Committee on Health, Education,83  Labor, and Pensions, Opening statement.........................     184Sanders, Hon. Bernie, Ranking Member, U.S. Senator from the State85  of Vermont, Opening statement..................................     28687                               Witnesses8889Gammill, Carly, Director of Legal Policy, StandWithUs Center for90  Combatting Antisemitism, Los Angeles, CA.......................     491    Prepared statement...........................................     692    Summary statement............................................    1193Shemtov, Levi, Executive Vice President, American Friends of94  Lubavitch (Chabad), Washington, DC.............................    1295    Prepared statement...........................................    1596Asher Small, Dr., Charles, Executive Director, Institute for the97  Study of Global Antisemitism and Policy, New York, NY..........    2098    Prepared statement...........................................    2299    Summary statement............................................    27100Saperstein, David, Director Emeritus, Religious Action Center of101  Reform Judaism, Washington, DC.................................    27102    Prepared statement...........................................    29103    Summary statement............................................    39104Stern, Kenneth S., Director, Bard Center for the Study of Hate,105  Brooklyn, NY...................................................    40106    Prepared statement...........................................    43107    Summary statement............................................    86108109                          ADDITIONAL MATERIAL110111Statements, articles, publications, letters, etc.112Banks, Hon. Jim:113    Letter to the Hon. Pam Bondi.................................   113114    The New York Times article...................................   115115Cassidy, Hon. Bill:116    Union of Orthodox Jewish Congregations of America............   120117    Statement from the Zionist Organization of America...........   123118    American Jewish Medical Association Report...................   140119Sanders, Hon. Bernie:120    Minority Staff Report........................................   146121    Union of Orthodox Jewish Congregations of America............   153122    Jewish Electorate Institue...................................   156123124                        QUESTIONS FOR THE RECORD125126Response by Rabbi Shemtov to questions of:127    Senator Hassan...............................................   158128Response by Ms. Carly Gammil to questions of:129    Senator Scott................................................   158130131                   ANTISEMITIC DISRUPTIONS ON CAMPUS:132                         ENSURING SAFE LEARNING133                     ENVIRONMENTS FOR ALL STUDENTS134135                              ----------136137                        Thursday, March 27, 2025138139                                       U.S. Senate,140       Committee on Health, Education, Labor, and Pensions,141                                                    Washington, DC.142    The Committee met, pursuant to notice, at 10:01 a.m., in143room 430, Dirksen Senate Office Building, Hon. Bill Cassidy,144Chairman of the Committee, presiding.145146    Present: Senators Cassidy, Collins, Marshall, Hawley,147Banks, Husted, Moody, Sanders, Murray, Baldwin, Hassan,148Hickenlooper, Markey, and Kim.149150                  OPENING STATEMENT OF SENATOR CASSIDY151152    The Chairman. The Senate Committee on Health, Education,153Labor, and Pensions will please come to order. Thank you to all154of our witnesses for being here to discuss a really important155topic.156157    On October the 7th, 2023, the world watched in horror as158Hamas terrorists invaded Israel and slaughtered 1,200 innocent159men, women, and children. Hundreds of victims including babies160as young as 9 months old were taken hostage and subjected to161abuse and torture.162163    It should have been a time for unity, standing with the164Jewish people against hate. Instead, for over a year, violence165and Antisemitic demonstrations rocked our Country. At colleges166and universities, Jewish students were harassed and attacked167for who they are. According to the Anti-Defamation League,168there were 1,200 reported Antisemitic incidences on college169campuses between 2023 and 2024, a 500 percent increase from the170previous year.171172    Instead of standing up for Jewish students, too many173university officials failed to respond or refused to even174condemn these horrific occurrences. Under Title VI of the Civil175Rights Act, the Department of Education must hold universities176accountable for failing to address discrimination against177students on campuses.178179    After October the 7th, the Biden administration refused to180penalize universities violating Title VI. I led a roundtable to181examine Antisemitism on college campuses attended by both182Republicans and Democrats. It is disappointing that previous183HELP Democrat leadership refused to consider any legislation or184hold even one hearing on this bipartisan issue.185186    With President Trump in office and Republican Majority in187Congress, the time of failed leadership is over. Universities188have been put on notice, failing to protect the students' civil189rights will no longer be tolerated. If universities refuse to190follow the law to address discrimination on campuses and to191support Jewish students, then they should not expect the192support of the Federal taxpayer.193194    Just last week after pressure from the Trump195administration, Columbia University agreed to change its196policies and cracked down on demonstrators targeting Jewish197students. The Trump administration has launched investigations198into 60 universities concerning allegations of Antisemitic199discrimination and harassment on campuses.200201    These efforts would not have been possible without the202strong leadership of President Trump and Secretary McMahon.203Today, as Chair of the HELP Committee, I launched an204investigation into the American Muslims for Palestine,205demanding answers about their activities on college campuses.206207    This group's leaders have ties to Hamas and helped create208the group, Students for Justice in Palestine. I also requested209information from the Justice Department and several210universities on these groups. We must continue to build upon211these efforts, as we saw in Columbia last month pro-Hamas212activists continue to wreak havoc on campuses. Jewish students213still feel unsafe to go to school.214215    I lead the Protecting Students on Campus Act, bipartisan216legislation ensuring students know how to file civil rights217complaints if they experience discrimination on college218campuses. I look forward to considering this and other219legislation in Committee and on the Senate floor. Jewish220students and their families are depending upon us to defend221their civil rights.222223    President Trump and Congressional Republicans are committed224to this. Thank you again to all our witnesses. I look forward225to discussing how we can better discuss protecting Jewish226students and ensuring a safe learning environment for all. With227that, I recognize Senator Sanders for his opening statement.228229                  OPENING STATEMENT OF SENATOR SANDERS230231    Senator Sanders. Thank you very much, Mr. Chairman, and232thank you for holding this important hearing. And I hope I233speak for every Member of this Committee in saying that hate234and discrimination of any kind is beyond acceptable and has no235place in our society. In the United States of America in the236year 2025, it should not be a controversial statement to say237that Antisemitism is horrific and must be--must not be238tolerated in any place in our Country.239240    Let us never forget that Antisemitism has plagued Jewish241people for many, many, many centuries, culminating in the242slaughter of some 6 million Jews during the Holocaust. When I243was Chairman a number of years ago, my wife and I visited244Auschwitz. I don't know if you have ever done that, but I would245recommend that anybody here goes to Europe drop by, and it is246certainly a--something that you will never forget.247248    A number of years ago, I was--happened to be in Pittsburgh249and I spoke with the rabbi of the Tree of Life synagogue in250Pittsburgh. As you, recall it was the worst Slaughter of Jews251in American history. Seven Jews were killed by somebody at a252synagogue. So let me be very clear, Antisemitism on college253campuses or any--by any place else must be condemned in the254strongest possible terms.255256    But today, we should also be clear that we--and again, I257hope I speak for every Member of this Committee, condemn all258forms of bigotry. Vile hatred is not something that should259exist in the United States, whether it is racism against the260African American community, whether it is sexism, whether it is261homophobia, whether it is xenophobia, or whether it is262islamophobia.263264    Today in America, we have Asian Americans who are walking265the streets and getting harassed. We have Muslims who are266walking the streets and getting harassed. We have continued to267see people who are African American and Latino face prejudice268of all kinds. And in fact, we have seen a rise in hate crimes269against the transgender community as well.270271    I want to remind people, because this is kind of a little272bit personal, in my city of Burlington, Vermont. Just a couple273of years ago, three miles from where I live, 10 minutes away,274three young Palestinian students--wonderful kids because I275ended up talking to them. They were shot in cold blood--shot276because they were Palestinians.277278    Mr. Chairman, I applaud you for holding this hearing, but I279hope when we look about prejudice and bigotry in America, we280may want to expand it. Antisemitism, unacceptable, so is281islamophobia and other forms of bigotry. Now, the other thing,282and you touched on it a moment ago, Mr. Chairman, there is a283great dispute and debate in this country about what is going on284in Gaza right now. No great secret about that.285286    As you indicated, Mr. Chairman, in October of a year and a287half ago, Hamas, a terrorist organization, launched a horrific288attack against Israel. Killed 1,200 innocent men, women, and289children. Took several hundred people hostage. I don't think290there's anybody on this Committee who does not believe that291Israel had the right to defend itself and go after the Hamas292terrorist organization.293294    But Mr. Chairman, there are very serious disagreements295about what the Netanyahu government has done in Gaza. And some296of us think that Netanyahu has not just gone after Hamas. They297have gone after the Palestinian people. And in a nation or298group of 2.2 million Palestinians in Gaza, over 50,000 of them299have been killed, over half of whom--two-thirds of them are300women and children.301302    Over 100,000 people have been wounded because of the303incessant bombing on civilian areas. The entire infrastructure304of Gaza, their entire healthcare system, their educational305system, their water system has been completely destroyed. And306according to international law, and in my view, what Netanyahu307has done is criminal.308309    We can agree that Antisemitism is unacceptable in all310forms, but some of us happen to believe that the response of311the Netanyahu government to the Hamas attack is also312unacceptable. And if anyone wants to suggest that I or anybody313else who speaks out on that issue, whether you are on a college314campus or in the U.S. Senate, is Antisemitic because we think315that what Netanyahu is doing is outrageous, we can have that316debate.317318    If I attack the Italian government for doing what they may319or may not be doing, I am not anti-Italian--or the Irish320government. To attack the Netanyahu government for their321outrageous activities in Gaza does not make one an Antisemite.322So with that, Mr. President--Mr. Chairman, I would yield the323floor.324325    The Chairman. Thank you for that. And of course, our326jurisdiction is on college campuses, and so that is where we327will focus. Each speaker, thank you again for being here, will328be introduced in the order in which--you first, ma'am, and then329the witness who is the next after you testify, Okay.330331    I would like to introduce our first witness, Ms. Carly332Gammille--Gammille? Gammill. Ms. Gammill is the Director of the333StandWithUs Center for Combatting Antisemitism, part of an334international nonprofit organization that educates about Israel335and fights Antisemitism around the world.336337    An experienced attorney and civil rights advocate, Ms.338Gammill has focused her career on addressing Antisemitism339through legal, educational, and policy driven approaches. Her340work includes supporting students, faculties, and communities341facing discrimination. We are grateful for your expertise342today. Please proceed.343344     STATEMENT OF CARLY GAMMILL, DIRECTOR OF LEGAL POLICY,345STANDWITHUS CENTER FOR COMBATTING ANTISEMITISM, LOS ANGELES, CA346347    Ms. Gammill. [Technical problems]----348349    The Chairman. Microphone, please.350351    Ms. Gammill. Chairman Cassidy, Ranking Member Sanders,352Members of the Committee, good morning, and thank you for the353invitation to participate in today's hearing.354355    My name is Carla Gammill. I am the Director of Legal Policy356for StandWithUs, which as you have heard is an international357nonprofit, nonpartisan organization that educates about Israel358and combats Antisemitism through our work on campuses, in K359through 12 schools, on social media, in the legal field, and in360communities around the world.361362    I am a civil rights and Constitutional litigator363specializing in freedom of speech and religious liberties. I am364also a former high school educator. We are here today because365Jewish students continue to find virtually every aspect of U.S.366campus life increasingly hostile not merely to their views but367to the very core of who they are as Jews.368369    This includes rallies that not only distort and demonize370Jewish identity, but also often include harassment,371intimidation, violence, and threats of violence, which are no372part of freedom of speech. Intentional exclusion of Zionist373students from campus programs and activities--also no part of374freedom of speech. And biased, inaccurate classroom content375that indoctrinate students through misinformation and creates a376hostile learning environment.377378    Exacerbating the problem is the failure of many379Administrations to acknowledge the Antisemitic nature of the380activity and to enforce relevant campus policies. Impacted381Jewish students are thus denied equal protection of their382rights, making many of them legitimately afraid to be on their383campuses.384385    The perpetrators are then emboldened to continue and even386escalate their behavior. Some of these administrative failures387are intentional refusals to protect Jewish students and should388be addressed accordingly.389390    But there is also a critical lack of understanding at play391because of a well-organized, well-funded campaign that has co-392opted and imposed its own erroneous definition of a term that393is integral to the religious and ethnic identity of most Jews394around the world, including here in the U.S., with the clear395intention of demonizing the term and those who identify with396it.397398    That term is Zionism, derived from the term Zion, an actual399physical location in Israel with deep historical significance400to the Jewish people. Simply put, Zionism is the term that401describes the desire of the Jewish people for safety and402sovereignty in their ancestral homeland of Israel.403404    This nefarious campaign, however, seeks to redefine Zionism405as nothing more than a term of political support for the406Israeli government, which the narrative falsely accuses of a407host of evils. The dangerous anti-Zionist narrative of this408campaign has been allowed to take firm root in academia,409manipulating droves of students, faculty, and administrators410into believing the lie that Jews who identify as Zionists,411which is to say most of them, are merely expressing a position412of political support for the alleged wrongdoings of Israel.413414    A proper understanding of this term Zionism, however,415reveals this campaign for what it is, an attempt to erase over4163,000 years of Jewish history and a direct attack against a417core component of mainstream Jewish identity. In short, a418textbook definition of Antisemitism, just adapted and419repackaged for a contemporary audience.420421    The problem of Antisemitism on U.S. campuses has reached a422level that necessitates Congressional action, and I would like423to suggest three such actions. First, Congress should pass two424important pieces of pending legislation.425426    One, the Antisemitism Awareness Act, which would codify the427requirement that in investigating the allegations of428Antisemitism under Title VI, the Department of Education must429consider the International Holocaust Remembrance Alliance's430working definition of Antisemitism, which contrary to some431assertions is fully consistent with freedom of speech432principles.433434    Two, the Protecting Students On Campus Act. Second, as435Title IX already does, Title VI should require institutions436receiving Federal funds to employ a coordinator who is437qualified to address the types of discrimination covered by438Title VI. The first opportunity and responsibility to rectify439hostile environments that implicate Title VI falls to the440educational institutions themselves.441442    They should be required to employ professional staff443qualified for the task. Finally, the receipt of Federal funding444should be conditioned in a manner consistent with Federal445Constitutional principles upon institutions' clear446communication of the times, places, and manners in which447expressive activity is and is not permitted on their campuses448and upon their proper enforcement of such policies when449violations occur.450451    Administrations must not be permitted to hide behind the452facade of fidelity or freedom of speech as a justification for453their failures to comply with their obligations under Title VI454as though the two are mutually exclusive. They are not.455Educational institutions are not public streets or sidewalks456and students need not be permitted to engage in expressive457activity wherever, whenever, and however they wish.458459    For example, including by wearing masks to conceal their460identities, especially when such allowances ultimately461contribute to the creation of hostile educational environments.462In closing, we must put an end to the political weaponization463of Jewish identity and unify around the reality that464Antisemitism is causing real harm to real human beings, without465confusing matters by insisting on addressing this acute issue466only in tandem with other forms of bias and bigotry, or only467when it comes from the opposite side of the political aisle.468469    Attacks against Jewish identity are not a matter of left or470right, but of wrong and right. Thank you for the opportunity to471testify. I look forward to answering questions.472473    [The prepared statement of Ms. Gammill follows:]474                 prepared statement of carly f. gammill475    Chairman Cassidy, Ranking Member Sanders, and Members of the476Committee.477478    Good morning, and thank you for inviting me to participate in479today's hearing. My name is Carly Gammill, and I am the Director of480Legal Policy for StandWithUs, a nonprofit, non-partisan organization481with the mission of educating about Israel and combating antisemitism.482I am a constitutional and civil rights litigator, specializing in the483areas of freedom of speech and religious liberties. Before that I was a484high school educator.485486    I was fortunate that my professional development took place in487learning environments that prized the educational values of dialog,488civil debate, and a ``robust exchange of ideas,'' \1\ rather than489activist-oriented indoctrination. Settings that sought to foster490understanding of differences rather than fomenting division and491discord. Unfortunately, especially for Jewish students on many of our492college and university campuses today, such environments are difficult493to come by.494---------------------------------------------------------------------------495    \1\  Keyishian v. Bd. of Regents, 385 U.S. 589, 603 (1967) (quoting496United States v. Assoc. Press, 52 F. Supp. 362, 372 (S.D.N.Y. 1943)).497498    For over a decade now, and especially since October 7, 2023, Jewish499students have found their campuses increasingly hostile--not merely to500their views but to the very core of who they are as Jews. \2\ This501hostility is expressed in virtually every aspect of campus life,502including:503---------------------------------------------------------------------------504    \2\  Anti-Defamation League, Audit of Antisemitic Incidents 2023,505https://www.adl.org/resources/report/audit-antisemitic-incidents-2023506(finding that antisemitic ``incidents on college and university507campuses spiked by a staggering 321 percent'' in 2023, mostly after508October 7).509510        (1) protest and demonstration activity by fellow students (and511        outside agitators) who distort and demonize certain aspects of512        Jewish identity. Such activity often includes not only hateful513        rhetoric (including genocidal chants) but also blatant514        disruption of the academic environment, like taking over and515        shutting down spaces wholly incompatible with such activity,516        including classrooms, libraries, and administrative offices,517        blocking Jewish students' access to campus spaces, and overtly518        violent conduct like property destruction and physical assault519        (e.g., at the end of 2023, two masked students attending a pro-520        Hamas demonstration at UC Berkeley assaulted a Jewish student521        expressing his Jewish religious and ancestral identity by522        wearing a kippah on his head and an Israeli flag across his523        shoulders); \3\524---------------------------------------------------------------------------525    \3\  https://www.standwithus.com/post/standwithus-files-Federal-526civil-rights-complaint-against-uc-berkeley-for-failing-to-protect-527jewish-s.528529        (2) intentional exclusion of Zionist students from campus530        programs and activities (e.g., the leader of an LGBTQ group at531        Columbia sent a message explicitly stating that no ``Zionists''532        would be welcome at an upcoming film event); \4\ and533---------------------------------------------------------------------------534    \4\  https://nypost.com/2023/10/25/metro/columbia-university-535lesbian-group-disinvites-zionists-from-movie-night/.536537        (3) biased and factually inaccurate classroom content delivered538        by agenda-driven instructors seeking to indoctrinate students539        through misinformation and creating a hostile learning540        environment for Jewish and Israeli students (e.g., a faculty541        member at George Washington University asked students to542        introduce themselves the first day of class and, when one543        student's introduction included their Israeli national origin,544        the professor responded that it was ``not [the student's]545        fault'' they had been born in Israel and later subjected546        students to a rabidly anti-Israel lecture; \5\ another547        lecturer, immediately after October 7th , asked Jewish students548        to identify themselves, instructed those who raised their hands549        to move to a small area in the back of the classroom, and told550        the class, ``That's what Israel does to Palestinians.''). \6\551---------------------------------------------------------------------------552    \5\  https://www.standwithus.com/post/standwithus-files-title-vi-553complaint-against-gwu-for-discriminatory-retaliatory-antisemitic-554conduct.555    \6\  https://www.cnn.com/2023/10/13/us/stanford-instructor-jewish-556holocaust-comments-reaj/index.html.557558    Exacerbating the problem is the failure of many administrations to559acknowledge the antisemitic nature of the activity on their campuses560and to equally apply and enforce relevant policies to those engaged in561activity that violates those policies. Each campus has a process for562reporting and responding to incidents of bias and discrimination,563including antisemitism. But if administrators fail to identify a given564situation as implicating those policies, impacted students are denied565equal protection of their rights, and those engaged in the566discriminatory conduct are emboldened to continue--and even escalate--567their behavior. As a result, the hostile campus climate worsens, doing568both an injustice to Jewish students, who are increasingly not merely569uncomfortable but legitimately afraid to be on campus, and a disservice570---------------------------------------------------------------------------571to the entire campus community.572573    Some administrations' refusals to protect Jewish students from574unlawful conduct are intentional and should be addressed accordingly,575including, as appropriate, through the withdrawal of Federal taxpayer576dollars. But administrators who intentionally ignore, distort, or577downplay these issues are not the only culprits. Information that578StandWithUs has obtained during educational programs indicates that579often at play is a lack of understanding regarding Jewish ancestral580identity by the very administrative staff tasked with addressing581antisemitism complaints. \7\ A critical reason for this582misunderstanding lies in the success of a well-organized, well-funded583campaign to politicize Jewish identity, in particular Jewish ancestral584identity. The operative narrative underlying this campaign has co-opted585and imposed its own (erroneous) definition of a term that is integral586to the religious and ethnic identity of most Jews around the world,587including here in the U.S., \8\ with the clear intention of demonizing588the term and those who identify with it. That term is ``Zionism.''589---------------------------------------------------------------------------590    \7\  For example, many campuses task their professional Title IX591offices, established to address issues of gender-based discrimination,592with handling complaints under Title VI. Such staff are often,593unsurprisingly, among those who lack education and understanding about594Jewish ancestral identity.595    \8\  https://www.jpost.com/diaspora/article-808658.596597    Importantly, the term ``Zion'' refers to an actual physical598location in Jerusalem (Mount Zion), significant to Jewish historical599events in that land (where the Jewish people in fact became the Jewish600people over 3,000 years ago), such that the term ``Zionism'' has an601ancient and broad meaning, encompassing the centuries-old desire of the602Jewish people to safety and sovereignty in their ancestral homeland of603Israel, a desire that is borne out in a variety of ways in Jewish604customs and traditions that have nothing at all to do with politics but605everything to do with Jewish ancestral identity. \9\606---------------------------------------------------------------------------607    \9\  See, e.g., ``Evidence of Zionism in Daily Life,'' StandWithUs608Saidoff Legal, available at https://www.flipsnack.com/59DEA577C6F/609evidence-of-zionism-cover/full-610view.html?p=1&td=Ym9va3NoZWxmOmNmMDEwMDV1bmY%3D.611612    The anti-Zionist narrative seeks to erase this history by focusing613on the establishment of the modern State of Israel, following World War614II and United Nations Resolution 181, which proposed the establishment615of both a Jewish state and an Arab state in the geographical area then616known as the Palestine Mandate and overseen by Great Britain--a617proposal accepted by the Jewish Agency but rejected by the Arab states,618as have been all other proposals for a two-state solution since that619time. The narrative falsely asserts that the establishment of this620modern state was an act of land theft and attempts to re-define621``Zionism'' as simply a term of political support for the Israeli622government, which the narrative falsely accuses of a host of evils,623treating the world's only Jewish state in precisely the same way that624more classic forms of antisemitism treat the individual Jew. \10\625---------------------------------------------------------------------------626    \10\  For a more thorough explanation of how antisemitism has627``mutated'' over time and today focuses largely on the State of Israel628as a Jewish ``collective,'' see, The Mutating Virus: Understanding629Antisemitism, THE OFFICE OF RABBI SACKS (Sept. 27, 2016), https://630rabbisacks.org/videos/mutating-virus-understanding-antisemitism/ and631The Mutation of Antisemitism, THE OFFICE OF RABBI SACKS, https://632rabbisacks.org/videos/the-mutation-of-antisemitism/.633634    Because many people outside the Jewish community are unfamiliar635with Jewish and Israeli history, including the term ``Zion'' and,636hence, the history of the term ``Zionism,'' this dangerous narrative637has been allowed to take firm root in academia. And in the wake of the638horrific Hamas terrorist attack against Israel and its people on639October 7, those peddling this anti-Zionist narrative have successfully640persuaded droves of students, faculty, and administrators to believe641the lie that Jews whose identity includes Zionism, which is to say most642Jews, are proud supporters of the actions of which the narrative643falsely accuses Israel. This form of manipulative propaganda attempts644to erase the reality that a Jewish individual's identification as a645Zionist is actually a reflection of the deep ancestral connection of646the Jewish people to the land of Israel, an expression of the647peoplehood component that serves as a foundational element of Jewish648identity. Hence, the many forms of harassment and discrimination toward649Jewish members of the campus community that we continue to see are650justified by perpetrators, and often misidentified by those in651positions of authority, under the guise of mere expressions of652political disagreement. A proper understanding of the term ``Zionism,''653however, reveals this campaign for what it is: an insidious attempt to654erase 3,000+ years of Jewish history and a vicious attack against a655core component of mainstream Jewish identity. In short, a textbook656example of antisemitism, just adapted and repackaged for a contemporary657---------------------------------------------------------------------------658audience.659660    Much of the anti-Jewish hatred reported in the media focuses on661undergraduate institutions, but it is important to note that the662antisemitism that has infected these campuses is an equally serious663concern within our Nation's graduate schools, including, in particular,664medical schools. \11\ At Georgetown University Medical School, for665example, students posted antisemitic content online, using tropes about666Jewish control and targeting Jewish peers. Similar trends were observed667at George Washington University. \12\ Recent reports also highlight an668alarming trend of antisemitism during medical school commencement669ceremoneys. \13\ At Stanford Medical School, for example, a student670wore a three-part stole and carried a large keffiyeh to the stage and671unfurled it, revealing an antisemitic sign on its reverse side. Hostile672demonstrations are also plaguing these schools. A New York Times673article from June 2024 described the blatant anti-Zionist/anti-Jewish674fervor at University Hospital in San Francisco, for example, where675medical students and doctors at the prestigious medical school and676teaching hospital could be heard shouting: ``intifada, intifada, long677live [the] intifada!'' \14\ The U.S. Department of Health and Human678Services (HHS) is investigating four prominent medical schools--679Harvard, Columbia, Brown, and Johns Hopkins--over allegations of recent680antisemitic incidents. These include displays of offensive symbols,681verbal protests, and expressions of support for terrorist organizations682like Hamas. \15\ The situation has escalated to the point that Jewish683students are being advised to hide their identity during applications684to our Nation's medical schools. \16\685---------------------------------------------------------------------------686    \11\  A study in The Journal of Religion and Health found that most687(75.4 percent) Jewish-identifying medical students and professionals688reported exposure to antisemitism. Schwartz, D.M., Leiba, R., Feldman,689C.L. et al., Social Media, Survey, and Medical Literature Data Reveal690Escalating Antisemitism Within the United States Healthcare Community,691J Relig Health 64, 206-223 (2025), https://doi.org/10.1007/s10943-024-69202191-5. See also, Michelson, K., Fishman, A., Feinberg, E., Ross, S.,693et al., Antisemitism in American Healthcare: A Survey Study of Reported694Experiences, J Gen Intern Med (2024), available at https://695link.springer.com/epdf/10.1007/s11606-024-09159-x?sharing-696token=1PTK9pTkK-HZLCb6TmYEave4RwlQNchNByi7wbcMAY5nncMVfuml7xWZanLlTB-697i3iaO4PZpexeDOQYSievt9h3ehbLx6X-698NGWbSk5RwmL3Wp7C4gHhwMzcQgwerbKKZVhR2CMmTiWiR-4X3ZbqYVX-2cYuMWOdxD4-6991yMKuNU-w%3D.700    \12\  https://www.timesofisrael.com/med-students-antisemitic-701comments-after-oct-7-roil-two-prominent-dc-universities/.702    \13\  A study of top U.S. medical schools found antisemitic symbols703and messages displayed by students at over half these institutions704during recent commencements, https://nypost.com/2025/01/27/us-news/us-705medical-schools-plagued-by-antisemitism-pro-terror-antics-at-706graduations-study/.707    \14\  https://www.nytimes.com/2024/06/24/us/israel-hamas-war-sf-708doctors.html.709    \15\  https://www.hhs.gov/about/news/2025/02/03/hhs-civil-rights-710office-acts-swiftly-combat-anti-semitism.html.711    \16\  Melissa Langsam Braunstein, The Antisemitism Rooted in the US712Healthcare System, https://www.jowma.org/in-the-news/the-antisemitism-713rooted-in-the-us-healthcare-system (Dec. 19, 2024).714715    There is an important tool, though, that can assist in greater716understanding of how antisemitism manifests today, including anti-717Zionist forms of antisemitism, which in turn helps ensure consistent718identification and reporting of anti-Jewish bias and bigotry, as well719as proper enforcement of policies aimed at responding to antisemitism:720the International Holocaust Remembrance Alliance Working Definition of721Antisemitism (``IHRA Definition'') and its contemporary examples of722antisemitism. The international consensus definition of antisemitism,723the IHRA Definition has been widely adopted around the world and is724utilized by institutions and agencies spanning the spectrum of society,725including the U.S. Department of Education's Office for Civil Rights.726\17\ It enjoys broad support within the Jewish community as a tool that727speaks to their real-world experiences of antisemitism, including both728traditional and more contemporary forms of anti-Jewish bigotry and729hatred. Contrary to the assertions of some, utilizing the IHRA730Definition as an educational tool for understanding and identification731is fully consistent with freedom of speech principles and is an732effective means of ensuring that allegations of antisemitism receive733proper review, investigation, and resolution. \18\734---------------------------------------------------------------------------735    \17\  See, https://www.ed.gov/sites/ed/files/about/offices/list/736ocr/docs/qa-titleix-anti-semitism-20210119.pdf-utm-content=&utm-737medium=email&utm-name=&utm-source=govdelivery&utm-term=.738    \18\  For additional information about the IHRA Definition,739including responses to common misconceptions and misinformation about740the IHRA Definition, see A Guide to Understanding & Adopting IHRA741Working Definition of Antisemitism, StandWithUs, available at https://742www.flipsnack.com/59DEA577C6F/guide-to-understand-ihra/full-743view.html'p=1&td=Ym9va3NoZWxmOnpocGVtZmp6aG0%3D.744745    There can be no legitimate dispute that campus antisemitism is a746serious problem with lasting and dangerous effects, which requires a747response that is likewise serious, lasting, and effective. While many748aspects of education fall within the purview of the individual states,749the Federal Government has the authority to attach conditions to750educational institutions' receipt of Federal taxpayer dollars, as it751has done in many ways, including through Title VI of the Civil Rights752Act of 1964 (``Title VI'') and the Higher Education Act of 1965. Title753VI prohibits recipients of Federal funding from discriminating on the754bases of race, color, or national origin (including shared ancestry).755When a campus administration is on notice of events or circumstances756with the potential to create a hostile environment that would deprive757students of equal access to, or use and enjoyment of, campus758activities, based on a protected characteristic under Title VI, the759administration is legally obligated to investigate and to take the760steps reasonably necessary to put an end to the hostility and remedy761---------------------------------------------------------------------------762its effects. Full stop.763764    Importantly, the requirements of Title VI do not conflict with765freedom of speech rights under the First Amendment. Even if public766institutions are not legally permitted to silence or punish certain767speech that creates or contributes to a hostile environment, that does768not relieve them of their obligations under Title VI. \19\ This is769where it becomes appropriate, and at times entirely necessary, to770implement--and properly enforce--reasonable, content-neutral time,771place, and manner policies regarding expressive activity on campus to772ensure equal protection of the rights of all students without773disruption to the educational environment. In short, the campuses of774educational institutions are not public streets or sidewalks, and775students need not be permitted to engage in expressive activity on776campus wherever they wish, whenever they wish, and in whatever manner777they wish. Dr. Mark Goldfeder recently testified in greater length778about the constitutional requirements--and the discretion of779educational institutions--in this regard at a hearing before the U.S.780House of Representatives Committee on the Judiciary's Subcommittee on781the Constitution and Limited Government. \20\ I commend his discussion782of these issues to this Committee and to others seeking a clear783understanding of the interplay between freedom of speech principles and784the campus context. At a minimum, however, campuses should have in785place clear policies identifying where, when, and how students may (and786may not) engage in expressive activity and outlining the consequences787for violating such policies. They must then be held accountable for788equal application and enforcement of those policies.789---------------------------------------------------------------------------790    \19\  U.S. Dep't of Education, Office for Civil Rights, Dear791Colleague Letter, May 7, 2024, p. 3, available at https://www.ed.gov/792sites/ed/files/about/offices/list/ocr/letters/colleague-202405-shared-793ancestry.pdf?source=email (last visited Mar. 24, 2025) (``The fact that794harassment may involve conduct that includes speech in a public setting795or speech that is also motivated by political or religious beliefs,796however, does not relieve a school of its obligation to respond under797Title VI as described below, if the harassment creates a hostile798environment in school for a student or students.'').799    \20\  https://www.Congress.gov/118/meeting/house/117305/witnesses/800HHRG-118-JU10-Wstate-GoldfederM-20240515-U7.pdf, pp. 6-8 (explaining801that the Tinker standard--allowing schools to restrict speech that will802``materially and substantially interfere'' with the ``requirements of803appropriate discipline in the operation of the school'' or that804``invad[es] the rights of others''--is the correct standard for805application in the campus context and citing additional sources in806support).807808    We are here today because the failure--or refusal--of too many809administrators to accurately identify the hostile antisemitic810environments on their campuses and take the necessary steps to remedy811that hostility has resulted in the deprivation of the civil rights of812Jewish students nationwide. Worse still, Federal courts asked to813preside over Title VI complaints by these students have applied the814legal standard for these claims in an inconsistent manner, \21\ and815when students seek assistance through the submission of Federal816administrative Title VI complaints, they are often subjected to a817lengthy waiting period, many times so long that the directly impacted818students graduate before the resolution of their complaints. \22\ The819problems related to antisemitism on U.S. campuses have risen to a level820such that Congress must now take decisive action to effect meaningful821improvement.822---------------------------------------------------------------------------823    \21\  Cf., e.g., Kestenbaum v. Pres. & Fellows of Harvard College,824Civ. No. 1:24-cv-10092 (D. Mass Aug. 6, 2024) with StandWithUs Ctr. for825Legal Justice v. Mass. Inst. of Tech., Civ. No. 1:24-cv-10577 (D. Mass.826Jul. 30, 2024).827    \22\  34 C.F.R. Sec.  106.8. See also, https://www.ed.gov/about/828news/press-release/us-department-of-educations-office-civil-rights-829launches-initiative-address-backlog-of-biden-administration-era-830complaints-alleging-antisemitism.831832    I would like to take this opportunity to suggest three such833---------------------------------------------------------------------------834actions:835836    First, and easiest, Congress should pass two important pieces of837pending legislation: (1) the Antisemitism Awareness Act, which would838codify the requirement that the Department of Education consider the839IHRA Definition in reviewing and investigating potential violations of840Title VI based on an individual's actual or perceived shared Jewish841ancestry or Jewish ethnic characteristics; and (2) the Protecting842Students on Campus Act, which, among other things, would require843institutions of higher education participating in Federal student aid844programs to share certain information about Title VI in prominent845campus locations, including on their websites, and to share data about846their receipt and handling of Title VI complaints with the Department847of Education on an annual basis. The bill would also require the848Department of Education's Office for Civil Rights (OCR) to provide849Congress with regular updates about its handling of Title VI850complaints, including the length of time complaints remain open after851OCR's receipt.852853    Second, Title IX, prohibiting gender-based discrimination, requires854educational institutions to designate a Title IX coordinator, who is855tasked with overseeing the institution's efforts to carry out its856responsibilities under that law. \23\ Title VI should include a similar857requirement, such that each institution of higher education receiving858Federal funds, including medical schools, must employ a Title VI859coordinator who is qualified and experienced in investigating and860educating about the types of discrimination covered by Title VI,861including specifically the shared ancestry component of national862origin. Such individuals should be required to undergo relevant863training regarding Title VI and its proper application (including864specifically about the relationship between Zionism and Jewish865identity) at least semi-annually and should likewise be required to866provide such training to (1) relevant campus stakeholders on at least a867semi-annual basis and (2) students within the context of the868institution's regular anti-bias educational programming. To ensure that869these offices do not themselves become politicized in the execution of870their responsibilities, the Department of Education's Title VI871regulations should be updated to provide appropriate guidance regarding872the operations of such offices and the qualifications of those staffing873them. The first opportunity--and responsibility--to rectify hostile874environments that implicate Title VI falls to the funding recipient875(here, the educational institution). To best ensure this can happen,876and decrease the burden on the Federal Government, institutions should877be required to employ professional staff qualified for the task.878---------------------------------------------------------------------------879    \23\  https://www.ed.gov/laws-and-policy/civil-rights-laws/880frequently-asked-questions-sex-discrimination#:-881:text=Is%20there%20someone%20at%20my,Security%20Data%20Analysis%20Cuttin882g%20Tool (confirming that ``[a]ll school districts, colleges, and883universities receiving Federal financial assistance must designate at884least one employee to coordinate their efforts to comply with and carry885out their responsibilities under Title IX'').886887    Finally, for institutions seeking to voluntarily resolve888administrative Title VI complaints involving disruptive expressive889activity on campus, or for institutions as to which the Federal890Government identifies Title VI compliance concerns related to891disruptive expressive activity on campus, such institutions' continued892receipt of Federal funding should be conditioned, in a manner893consistent with Federal constitutional principles, upon the894institutions' clear communication to their campus communities of the895times, places, and manners in which expressive activity is / is not896permitted on their campuses, including clear identification of the897consequences for violations of such policies. Congress should also898consider heightened consequences under Title VI for institutions found,899in the course of a Federal Title VI investigation, to have failed900properly to enforce such policies to known violations, resulting in the901creation or exacerbation of a pervasively hostile educational902---------------------------------------------------------------------------903environment based on race, color, or national origin.904905    The integral components of individuals' identities, including their906religious, ancestral, and ethnic identities, should never be907weaponized, for political purposes or otherwise. Yet, that is precisely908what has happened to the Jewish community, and it is time for people of909good faith to stop fighting each other, unify around the reality that910antisemitism is causing real harm to real human beings, and begin911fighting together against all forms of anti-Jewish hate and hostility.912913    As we have seen throughout history, antisemitism does not harm only914the Jewish community; like a cancer, it infects the whole of society.915\24\ This is not an isolated issue impacting only one group, and it is916not an issue that we as a nation can afford to ignore in any of its917insidious forms. Antisemitism presents a significant and troubling918problem on our campuses that must be identified for what it is--without919confusing matters by insisting on addressing it only in tandem with920other forms of bias and bigotry. We must finally be willing to921acknowledge that the discrimination and harassment targeting students922on campus because of an aspect of their Jewishness comes from923individuals on both sides of the political aisle. This is not a matter924of left or right but one of wrong and right. I implore every Member of925this Committee to be willing to take the necessary actions to stand926against all forms of attack against the Jewish community, regardless of927their source, no less than you would for any other targeted minority928community.929---------------------------------------------------------------------------930    \24\  See, e.g., DENNIS PRAGER & JOSEPH TELUSHKIN, WHY THE JEWS?931THE REASON FOR ANTISEMITISM, THE MOST ACCURATE PREDICTOR OF HUMAN EVIL,932(2003); see also Goldfeder Testimony, supra n.7 at pp. 1-2, f 7933(collecting sources).934935    Thank you for the opportunity to testify today. I look forward to936the efforts of this Committee and the full Congress to address this937serious problem in a substantive and meaningful way. I and my938organization, StandWithUs, welcome the opportunity to work alongside939you all in those efforts, and I welcome any questions regarding my940testimony.941                                 ______942943                [summary statement of carly f. gammill]944    The rising threat of antisemitism on U.S. college and medical945school campuses, especially following the October 7, 2023, Hamas946terrorist attack, has escalated such that Congress must take decisive947and meaningful action to ensure equal protection of the rights of all948students and preserve the primary purpose of our Nation's institutions949of higher education. Jewish students are facing increased hostility not950just toward their views, but toward their identities.951952    In addition to intentional refusals by some administrators to953protect the rights of Jewish students, there is another contributor to954the surge in hatred toward Jews on campus: an intentional and dangerous955campaign to erroneously re-define the term Zionism in a way that956ignores its true, historical meaning and significance as an aspect of957Jewish ancestral identity and that attempts, instead, to equate Zionism958with political support for the State of Israel, which this anti-Zionist959narrative fashions as a purveyor of a host of evils.960961    Those responsible for this dangerous campaign to distort Jewish962ancestral identity have, especially since October 7, successfully963convinced campus stakeholders that Jewish students who identify as964Zionist are merely expressing a political position--one for which they965deserve to be ostracized, marginalized, and excluded from campus966programs and activities. As a result, Jewish students are subject to967hostile campus climates, including harassment during protests,968exclusion from events, biased classroom content, and even physical969violence. Administrators--whether through intentional refusal to970protect Jewish students or sincere misunderstanding about the971connection between Zionism and Jewish identity (as opposed to972politics)--are failing to identify and address the blatant antisemitism973ravaging their campuses, including through proper application of974relevant campus policies.975976    Administrative confusion--real or feigned--about the interplay977between Title VI of the Civil Rights Act and freedom of speech978principles exacerbates the problem, but there is no tension between979these legal provisions. Administrators at institutions receiving980Federal funding may (and those on public campuses must) simultaneously981comply with the requirements of both the First Amendment and Title VI.982983    Congress can take decisive action to improve the situation on our984Nation's campuses by (1) passing the Antisemitism Awareness Act and the985Protecting Students on Campus Act; (2) requiring at all federally986funded educational institutions a properly qualified and educated Title987VI coordinator; and (3) subject to Federal constitutional principles,988strengthening Title VI through measures that hold administrations989accountable for proper application and enforcement of campus policies990regarding the time, place, and manner of expressive activities.991992    Antisemitism should not be treated as a political weapon but as the993moral issue it is--one that harms not only the Jewish community but all994of society. As such, it demands bipartisan action. Protecting Jewish995students is an essential part of ensuring safe and equal learning996environments for all.997                                 ______998999    The Chairman. Thank you. I'll introduce now our second1000witness, Rabbi Levi Shemtov. Rabbi Shemtov is the Executive1001Vice President of the American Friends of Lubavitch Chabad.10021003    Senator Sanders. Lubavitch.10041005    The Chairman. One more time.10061007    Senator Sanders. Lubavitch.10081009    The Chairman. Lubavitch--I'm sorry. Which serves as a1010representative office of the worldwide Lubavitch movement in1011Washington, DC. and plays a vital role in Jewish community1012engagement and public affairs.10131014    In addition to his organizational leadership, Rabbi Shemtov1015is widely regarded as a prominent voice for Jewish advocacy and1016has worked extensively with Government officials, faith1017leaders, and community organizations to combat Antisemitism and1018promote religious understanding. We are thankful to have you1019today, rabbi. Please proceed.10201021  STATEMENT OF RABBI LEVI SHEMTOV, EXECUTIVE VICE PRESIDENT,1022     AMERICAN FRIENDS OF LUBAVITCH (CHABAD), WASHINGTON, DC10231024    Mr. Shemtov. Good morning, Chairman Cassidy, Ranking Member1025Sanders, and honorable Members of this Committee. I am Rabbi1026Levi Shemtov, and I serve as the Executive Vice President of1027American Friends of Lubavitch Chabad, directing the efforts of1028the Chabad Lubavitch movement in our Nation's capital structure1029and international community.10301031    Chahab Lubavitch is currently the world's most dynamic and1032fastest growing Jewish educational and social services network1033with over 4,000 centers in all 50 states and more than 1101034countries. Our work spans all aspects of life for people of all1035ages, from preschool to seniors, touching millions of people1036from diverse backgrounds, including business and communal1037leaders, academics, military personnel, young professionals,1038incarcerated individuals and their families, and those in need.10391040    A significant part of our efforts is dedicated to Jewish1041students on campus with active centers serving over 5251042universities nationwide, including more immediately under my1043own purview over 10,000 Jewish students in Washington, DC. at1044institutions including the George Washington, Georgetown,1045American, and Gallaudet universities, as well as Johns Hopkins1046and various graduate programs across Washington, DC.10471048    For three decades now, I have worked closely with students1049witnessing firsthand the challenges they face particularly with1050the rise of Antisemitism on college campuses. My colleagues and1051I are guided every day by the teachings of the Lubavitcher1052Rebbe, Rabbi Menachem Schneerson of sacred memory.10531054    The Rebbe widely recognized as the most influential rabbi1055in modern times, champion the values of education, moral1056responsibility, and a deep appreciation for America as a land1057of unprecedented religious freedom. In recognition of his1058exemplar, benevolence, ethics, leadership, and scholarship, and1059selfless commitment to education, Congress unanimously awarded1060the Rebbe the Congressional gold medal in 1994, and every U.S.1061President since 1978 has declared his birthday each year as1062Education and Sharing Day, USA.10631064    His guiding principle was that every individual regardless1065of status has the ability and responsibility to make the world1066a better place through acts of kindness and moral leadership.1067The concept is one of the most famous in the Jewish faith,1068letaken olam bemalchut Shadai, to perfect the world under the1069sovereignty of the almighty God. Many refer to it merely as1070Tikkun Olam, but this is the original mandate.10711072    This brings me to the pressing issue of today's hearing.1073Antisemitism is not just an age-old prejudice. It is a1074contemporary crisis manifesting on campuses across the Nation.1075It is not enough for individuals or institutions to merely1076claim they are not Antisemitic. As my father once taught me, it1077is not enough for people, especially public figures, to be1078neutral or not be Antisemitic.10791080    One must be anti-Antisemitic. We must demand the same of1081our universities and Government institutions. This hearing in1082my opinion is an attempt to be just that, anti-Antisemitic. We1083recently celebrated Purim. We are soon going to celebrate1084Passover. Two great indicators of our history of overcoming1085oppression and discrimination. Jewish students are increasingly1086targeted, harassed, and ostracized simply for being Jewish or1087expressing support for Israel.10881089    This crisis escalated dramatically after October 7th when1090Hamas carried out its brutal terrorist attack on Israel. Many1091Jewish students who once felt safe and included on campus1092suddenly found themselves abandoned by peers and institutions1093they once supported. Students have been physically threatened,1094spat upon, had their mezuzah stripped from their doors--even1095faced academic retaliation for their Jewish identity.10961097    Jewish students who wear kippahs or other identifying1098symbols reported being verbally assaulted and in some cases1099physically attacked. Last year at the George Washington1100University, for example, an encampment--the protesters1101disrupted campus life under the guise of political activism.11021103    These gatherings went far beyond peaceful protests, which1104we must all respect. They became breeding grounds for1105Antisemitic rhetoric, intimidation, and outright violence. I1106personally visited the encampment multiple times and saw1107firsthand the fear it instilled in Jewish students. Even some1108professors joined in the hostility, and university1109administrators failed to take sufficient decisive action to1110ensure Jewish students' safety.11111112    This was not an isolated incident but found to be part of a1113coordinated effort across campuses nationwide. Freedom of1114speech is a core American value, but it does not include the1115right to intimidate, harass, or introduce violence.11161117    Universities have the authority and obligation to enforce1118policies that protect all students, however, time and again,1119Jewish students are subtly told and made to feel that their1120actual safety is secondary to the political climate of the1121moment or other considerations. And the torture of having to1122wait for the ``process'' to play out is painful to watch.11231124    When there is right and wrong, not doing enough, quickly1125enough, sides with those who are wrong. We have seen that too1126often in history. The Federal Government must take urgent steps1127to address this crisis. The anticipated passage of the1128Antisemitism Awareness Act is a crucial measure that will help1129define and combat Antisemitism in its--in educational1130institutions.11311132    The adoption of the IHRA definition of Antisemitism is1133another necessary step as it provides a clear framework for1134recognizing and addressing Antisemitic incidents. Without these1135defining developments, universities and administrators will1136continue to exploit loopholes to avoid taking real action.11371138    Moreover, Federal authorities must demand a safe learning1139environment for all students, including Jewish students.1140Universities that tolerate Antisemitic harassment should face1141real consequences. The previous Administration took some steps1142in recognizing Antisemitism as a national concern, hosting1143high-level meetings and engaging Jewish leaders and discussions1144across the spectrum.11451146    However, these efforts must not be diluted by lumping1147Antisemitism together with other forms of discrimination at1148this point. While all forms of hatred should be addressed,1149Antisemitism has unique characteristics that require a1150dedicated response.11511152    As Nobel Laureate Elie Wiesel once said, Jews are always1153the first but never the last. The normalization of Antisemitism1154on campus is a warning sign for Society at large. I have one1155more paragraph. Can I finish?11561157    The Chairman. One more paragraph.11581159    Mr. Shemtov. Jewish students need more than protection from1160hate. They need to be empowered with a robust Jewish identity.1161As the Rebbe taught, the best way to combat darkness is with1162light. It is not enough to fight Antisemitism. We must also1163promote a strong and proud Jewish presence on campus.11641165    In other words, the best antidote to Antisemitism is1166perhaps robust Semitism. Institutions should be more protective1167and supportive of Jewish student life and ensure the Jewish1168students clearly feel welcomed and valued as members of their1169academic communities.11701171    I apologize for going over my time but thank you very much1172for the opportunity to testify and be here today. And thank1173you, Ranking Member, Senator Sanders for making sure the name1174Lubavitch is pronounced correctly.11751176    Thank you for the opportunity to testify. I am prepared to1177answer any questions you might have.11781179    [The prepared statement of Mr. Shemtov follows:]1180                prepared statement of rabbi levi shemtov1181    Chairman Cassidy, Ranking Member Sanders, and honorable Members of1182this Committee:11831184    My name is Rabbi Levi Shemtov, and I am the Executive Vice1185President of American Friends of Lubavitch (Chabad), which directs and1186organizes the operations in our Nation's capital and the international1187community on behalf of the international Chabad-Lubavitch movement,1188currently the largest, most vibrant and fastest growing network of1189Jewish educational and social service institutions in the world. We are1190present and active through over 4,000 centers in all 50 states and over1191110 countries.11921193    Our work literally spans the gamut of life, with religious,1194humanitarian and communal programs catering to innumerable individuals1195and families, from preschool to senior citizens, and helps lift the1196lives and well-being, materially and spiritually, of millions of people1197from all walks of life--on all strata of social and economic existence,1198from business and academic leaders, to the poor and homeless, from1199those at the top of society, to Jewish people serving in all ranks of1200the military, to those incarcerated or otherwise disadvantaged1201searching for a better existence and more meaning in their lives.12021203    Included in these are active centers serving hundreds of thousands1204of Jewish students on 526 campuses in the U.S. Under my more immediate1205purview are centers some 10,000 Jewish students in Washington, DC,1206specifically at the The George Washington, Georgetown, American and1207Gallaudet Universities, as well the Johns Hopkins and dozens of other1208Graduate Programs with a presence here.12091210    Personally, in addition to my work in the governmental and1211international arenas as well as the local community, I have interacted1212closely with students directly for about thirty years now and have thus1213seen and shared their experiences first-hand. So I hope you will1214appreciate that my words today will not be merely theoretical or1215philosophical. They are practical, gleaned from what I have seen and1216heard directly from students and colleagues who serve on campuses1217across the country.12181219    My colleagues and I dedicate ourselves tirelessly every day to our1220mission inspired and in many cases, personally directed by our mentor,1221the Lubavitcher Rebbe, Rabbi Menachem M. Schneerson, of sacred memory.1222Widely regarded as the most influential rabbi in modern times, he1223infused us all with a deep appreciation for America and the unique1224opportunity it affords us to proudly practice our faith and inspire1225others to do the same. Actually, this very body, the U.S. Congress,1226unanimously awarded the Rebbe the congressional Gold Medal in 1994. His1227teachings and exemplary dedication has reached and improved the lives1228of millions of men women and children of all ages and affiliations and1229persuasions, as his sage advice and insight were sought by presidents,1230prime ministers, Governors, mayor, business leaders, teachers,1231journalists and even perhaps most importantly, the young and common1232folk.12331234    One very important focus of the Rebbe, perhaps, the sharpest focus,1235was on education. He taught that education is more than the provision1236of knowledge, it is the building of character and meaning within a1237child and then an adult, to help ensure that their life is not merely1238lived, but lived meaningfully, so that the world will become a better1239place because one has lived within it for whatever time G-d has allowed1240them to.12411242    This concept is one of the most famous in the Jewish faith1243``letaken olam bemalchut Shadai'' to perfect the world under the1244sovereignty of G-d. Many merely refer to it as Tikkun Olam, but this is1245the original mandate.12461247    One can do this in many ways. Reaching someone in need, discipline1248in expression so as to help and not hurt, offering support to those who1249need it (everyone, no matter how great, needs support on some level)1250and generally working to ensure that the world becomes more livable and1251the great garden of life G-d desired when he created it and all of us1252within it.12531254    To honor the Rebbe's work and teachings, the President of the1255United States has, since 1978, declared his birthday every year as1256Education and Sharing Day, USA, in an effort to focus society's actions1257in this regard. A remarkable concept which has defied any partisan1258factor, this has been replicated by Governors across all 50 states, and1259even a large number of mayors and civic leader on the local level.12601261    The point of all this is to drive home the notion the Rebbe taught1262that every individual, no matter how humble or great, has the power to1263change the world, for better or for worse, by what they say and do, and1264thus the responsibility to do so positively.12651266    Which leads me to the central point of today's hearing.12671268    I was once discussing with my father a particular public figure who1269was being labeled an antisemite. We all know great things about this1270individual and I was troubled by that label for them. My father, who1271many of you may know through his own work here on the Hill for decades,1272said something very important to me. ``Yes, we are sure they are not1273antisemitic. But someone like them can and should be more anti-1274antisemitic and is not, and that is troubling.''12751276    Mr. Chairman, Ranking Member and Members of this distinguished1277Committee, in my opinion, the mere holding of this hearing is a strong1278and important statement of anti-antisemitism. You are focusing on this1279scourge where it lurks the worst and strikes people at a very1280vulnerable time when, for the first time, they are defining their very1281personalities and identities on their own.12821283    These students come to explore the marketplace of thought and ideas1284and determine their own path in the world they will inhabit and 1 day1285lead. They will form opinions about faith family, country--central1286components of every life. And they will determine who they want to be1287and how to live that out for themselves, their friends and the families1288they will build.12891290    It is crucial that at this particular junction their essential1291identities not be attacked and undermined.12921293    We, the Jewish people, find ourselves shortly after the festival of1294Purim and soon approaching Passover. Anyone wanting to understand the1295Jewish odyssey and formation of our identity ought to understand these1296festivals and their meaning.12971298    Purim marks the miraculous deliverance from near annihilation by an1299evil antisemite named Haman in ancient Persia in the fourth century1300BCE. His main complaint was there is a Nation, the Jews, who are1301different and have customs unlike those of others in the Persian empire1302and thus must be annihilated, G-d forbid. Among the figures in the1303biblical Book of Esther, which recounts the story, are she and a rabbi1304who led the Jewish people at the time named Mordechai, who would not1305bend a knee nor bow to this vicious antisemite, Haman, even though he1306was familiar in the royal court as well.13071308    We don't know as much about other Jewish people who lived in that1309era, other than that they felt threatened and succumbed to the1310influences of the times. Mordechai stood up to the powerful Haman and1311ensured Jewish survival.13121313    One might say he countered that terrible antisemitism with what I1314like to call informed and Robust Semitism. It will be very difficult1315for Jewish students on campus to properly counter the latest explosion1316in antisemitic activity on campuses without a strengthened sense of1317identity. Sadly, over the past decades, that sense of identity has1318weakened. And so, when threatened academically, socially, and even as1319we have seen lately, physically, a Jewish student can be woefully1320unprepared for the onslaught. Until now, we hope they had a good1321network of Jewish community back home, but that is too often wishful1322thinking, I have learned from more students than I wish.13231324    We will soon celebrate Passover. Almost immediately after the1325Exodus from Egypt, the nascent Jewish people, then still called1326Israelites, were attacked, first by the ancient Egyptian army and then1327later by the first recorded antisemite, Amalek. The Torah commands us,1328and we are required to read this every year, to ``remember to eradicate1329the memory of Amalek.'' Who is Amalek today? Physically, that is a good1330question. Philosophically, however, it is the pernicious perpetrators1331of antisemitism.13321333    The Lubavitcher Rebbe taught that Amalek has a similar context to1334the word ``safek'', Hebrew for doubt. When the actual Amalek confronted1335the Jewish people in ancient times, he attacked the stragglers, the1336weakest among them. He was not brave and could not beat the Jewish1337people all, so like any bully, went after the most vulnerable. Today,1338those seeking to sow doubt among Jewish people about the righteousness1339of our cause, about our historic rights to the land of Israel, and to1340the right we enjoy to live fully, proudly and openly as Jews, are the1341heirs to Amalek.13421343    Their terrible spirit, the intent to make us doubt ourselves1344(safek) and thus more susceptible to attack, lives on the campuses and1345streets of America and increasingly elsewhere. They evilly attacked1346Israel like savages on October 7th, and they and their supporters have1347continued this attack even more since. While there are military and law1348enforcement ways to eradicate the problem, and they will do their1349responsibility, every decent human being has a responsibility to1350eradicate the philosophy the present day Amalekites espouse, since it1351will destroy civilization as we know it if we do not counter it1352effectively.13531354    The government of the United States does not have an obligation to1355support any particular religion, but it does most certainly have a1356solemn obligation to protect in every possible way the ability of its1357citizens to practice and live their own faith. Indeed, there have been1358many such efforts, whose details might be appropriate in a different1359hearing.13601361    As it pertains to the campuses, specifically, more must be done to1362underscore the commitment by our government to do so, not just in1363theory but in practice and most importantly, enforcement. The passing1364of the Antisemitism Awareness Act which is now expected, will do a lot1365to help the public understand again that we will continue to live by1366the words of our first President, the heroic founder of the United1367States, George Washington, who promised, in the first known1368Presidential correspondence to the Jewish community, that the United1369States will offer ``bigotry no sanction'' . There is no doubt a large1370majority of the Congress, and of the United States, who support this1371endeavor.13721373    I also know there has been some noise about the IHRA definition,1374and efforts to dilute that. But without it, people will find too many1375loopholes and continue to undermine, threaten, cancel and gaslight1376Jewish students and members of our community generally. You might never1377find language acceptable to all, but the IHRA definition does enjoy the1378broadest acceptance by Jewish organizations and should be respected as1379policy of the United States. If our own Ambassador to monitor and1380combat antisemitism is asking other nations and global institutions to1381adopt it, we should do the same.13821383    (I will point out that while our own organization generally avoids1384political statements and has not declared an official position on the1385above, this is what I sense from my own viewpoint.)13861387    As I mentioned, the mere holding of this hearing is in itself a1388statement of leadership in this regard. And I hope the diligent1389deliberations herein will result in a strengthened approach to ensuring1390safety of all students on campuses.13911392    I would like to focus on Jewish students for a moment. Last year,1393and the year before that, a special high-level meeting was held at the1394White House to address the issue of antisemitism, generally as well as1395on campus. I believe all Jewish leaders present were heartened by the1396senior level of representation by the Administration and heartfelt1397expressions by the principals, some of whom are themselves Jewish.13981399    But somehow, the effort to singularly target and combat1400antisemitism was weakened, in my opinion, and maybe even undermined, by1401the introduction of fighting other forms of discrimination at the same1402time within that effort. I will repeat what I said there, in addition1403to my obvious gratitude for being present at such a significant effort:14041405    Anyone who flies knows that we are warned at the beginning of the1406flight that in the event of a sudden change in cabin pressure, one1407should apply the oxygen mask that drops down to your seat. We are1408clearly warned to use our own mask first despite our instinct to help1409others, especially children. For if we stop breathing, we cannot help1410anyone. And our continued ability to breathe properly will help us to1411help others.14121413    We, the Jewish community must be very careful to do as above. We1414must worry and address completely the scourge of antisemitism and its1415dangers first, and obviously once that would be under control, we must1416help to combat other form of discrimination, so every human being,1417created in the image of the Almighty G-d, can live in dignity and1418safety.14191420    But if we allow the dilution of our large and pressing matter into1421a larger pool of perpetrated hatred, as important as that might be, we1422will not be as effective, if we will be effective at all. I have heard1423first-hand too many stories of students who thought they could depend1424on their friends in other minority groups whom they supported to stand1425by them after October 7th. Sadly, they were disappointed to find the1426support was just not here, Further, in too many instances, they were1427slowly squeezed out of affinity groups to which they dedicated so much1428time and effort and sad to find themselves, despite their best efforts1429integrate, that they were just an annoyance to be discarded, moral and1430just considerations thrown to the wind.14311432    I believe the Jewish community must stand first and foremost for1433ourselves, and when we regain our strength, then and only then will we1434be able to build and rebuild alliances as we are needed.14351436    Perhaps I might add my appreciation that while this hearing is to1437help ensure safety for all students, you did assert the main focus on1438antisemitism. Because, as Nobel Laureate Elie Wiesel famously said, we1439Jews are always the first, but we are never the last. We are a test1440case, and if they succeed with us, G-d forbid, they are coming for1441everyone else next. As a matter of fact, he also lamented that after1442reflection on why the Nazis hated him so much , and what he might have1443done to earn his terrible fate to see the worst of humanity, he1444concluded, ``there is no valid reason, for they hated me before I was1445even born.''14461447    Antisemitism is the world's oldest form of hate, and it has never1448been totally extinguished. Perhaps it never can be. When it rears its1449ugly head, we must stand steadfast in countering it, and we must also1450at the same time work diligently to reinforce a positive Jewish1451identity, or Robust Semitism, within our own Jewish community.14521453    But this time is different.14541455    My own realization that something ominous was upon us happened1456about 12 or 13 years ago. A friend of ours, not Jewish, shared their1457sadness at having just been to a prestigious dinner party where someone1458made an antisemitic joke. ``No one gagged'', they said, ``and some even1459laughed.'' When I asked why they were telling me this, they answered.1460``I just thought it was important for someone like you to be aware that1461something like this has happened at this time. Things seem to be1462changing.''14631464    When I spoke about it in synagogue that week, people were not sure1465it was that serious. Those who remember it all know now how serious it1466was.14671468    Hate has a way of starting small and metastasizing quickly.1469Doubling every day, a penny turns to more than a million dollars within1470a month. I believe we have seen a doubling in antisemitism every five1471years or so and then more recently in shorter timeframes. When a one1472turns to two, or two tuns to four, you hardly notice. We are now seeing1473how we are going from eight to sixteen, or even worse, 16 to thirty-1474two. It's gotten very serious.14751476    But there is one big difference. This time, the powers that be, in1477the greatest and most powerful nation on Earth, are not supportive of1478this antisemitic hate. Indeed, the government of the United States is1479increasingly exerting efforts and resources to counter and destroy this1480hate. We see this in a bipartisan manner, as political leaders who1481disagree on major policy issues are almost one and in sync on this one.14821483    I know that there are those who might suggest that first amendment1484rights are threatened by some of the efforts underway to combat1485antisemitism. I would say that freedom of expression is about words and1486ideas, and is not a license to disrupt the lives of people you disagree1487with and threaten them academically and worse, with their very physical1488safety.14891490    Last year, on the campus of The George Washington University, this1491actually happened, and I saw it with my own eyes. I was at the1492``encampment'' there several times to see what was going on, and to1493help bolster the spirit of the Jewish students who were harmed by it1494and shocked by the seeming lack of sufficient action by the1495University's leadership, and the municipal government leaders who1496should have backed them up, to effectively disperse this disgraceful1497assembly of hate which physically desecrated the campus, including the1498violent removal of the American flag which flies as a reminder of the1499welcome freedom of expression for all. They disrupted the peaceful flow1500of academic activity, and impaired students who had worked so hard to1501excel in their exams, which some could not reach because of this1502violence.15031504    Dozens of university and DC police officers roamed the campus1505almost as spectators, seemingly unable to restore order among the1506chaos. The University is not public property. It is governed by its own1507policies. Students were so dismayed by how literal gangsters were able1508to operate there with seeming impunity even repeatedly threatening the1509University's President with physical harm. There were some actions1510taken by the University's administrators, but hardly enough and too1511much of it quietly downgraded or reversed. They can and must do better1512to address breaches of their policies.15131514    Lest you think that these were all well informed individuals, I1515personally spoke to some students who were convinced that ``from the1516river to the sea'' that thinly veiled antisemitic slogan calling for1517the elimination of Israel, G-d forbid, referred to the Potomac River1518and the Chesapeake! I wouldn't believe it either, but I heard it with1519my own ears. When I suggested they were mistaken and asked why they'd1520be participating in an encampment whose purpose they weren't fully1521aware of, one said, and I quote, ``I actually don't know. I signed up1522for Code Pink a while ago, and I just got a text today saying ``Come1523over to GW now. We need you here and they're serving great schwarma' so1524here I am.''15251526    They weren't just from GW. Many were bussed in from elsewhere. This1527was a coordinated campaign of hate, not a spontaneous event of freedom1528of expression. They harassed Jewish students, yelling epithets and even1529spitting at them. Many Jewish students had second thoughts about the1530mezuzah on their door, especially after one student had theirs ripped1531from her doorpost. Others rethought even telling friends or roommates1532that they are Jewish! And yet others were unsure about attending Jewish1533events, with one student telling me they feared their unfriendly1534professor might see them there and downgrade their paper as a result!15351536    These are but a few little snippets from the sad and sorry story of1537the campus ``encampments''. There are so many more perpetrated by1538students and even (and to) professors on a number of campuses across1539the country. I also listened in on some of the indoctrinating speeches1540there. While I will respect their right to preach their faith, in too1541many instances I discerned that within this group were many people who1542hate not only Israel and the Jewish people. They hate America. We need1543to wake up and see that they are not just exercising First Amendment1544rights. They are abusing them. And to help preserve the sanctity of1545that particular right, we must address and hopefully eliminate its1546abuse. There are plenty of Muslims we can work with on this, who pine1547for a more decent life of peace for all and resent what is being done1548in their name. When we will be able to, we must also help strengthen1549them to be fearless in the expression of that. They, too, are victims1550of this most recent spike in hate directed at Jews.15511552    Again, the First Amendment, the bedrock of our society, is sacred,1553but must not be misused to weaken our required response to this issue.1554Today's hearing is a very important step in that direction of1555addressing it forcefully and I hope it will succeed. I am honored to1556have been invited to participate and look forward to answering any1557questions you might have.15581559    Thank you very much.1560                                 ______15611562    The Chairman. Thank you. Our third witness, Dr. Charles1563Asher Small. Dr. Small is the Founding Director of the1564Institute for the Study of Global Antisemitism and Policy, an1565interdisciplinary research center committed to understanding1566and combating contemporary Antisemitism through scholarly1567research and policy analysis.15681569    He is an internationally recognized expert on Antisemitism1570and extremism, with a background in sociology and public1571policy. Dr. Small has testified before various governmental1572bodies and has authored extensive research on the impact of1573Antisemitism on democratic societies. Thank you for joining us,1574sir.15751576STATEMENT OF CHARLES ASHER SMALL, EXECUTIVE DIRECTOR, INSTITUTE1577 FOR THE STUDY OF GLOBAL ANTISEMITISM AND POLICY, NEW YORK, NY15781579    Mr. Small. Thank you. It is an honor and a privilege to be1580here. And thank you very much for convening this critical1581hearing on the alarming rise of Antisemitism on colleges--1582college campuses.15831584    Thank you, Chairman Cassidy and Ranking Member Sanders for1585convening this important meeting. I serve as the Executive1586Director of the Institute for the Study of Global Antisemitism1587and Policy. It was established in 2004 with Nobel Prize1588Laureate, Professor Elie Wiesel.15891590    Professor Wiesel always used to that Antisemitism is not a1591parochial problem for the Jewish people or for the State of1592Israel, but that Antisemitism is a vile form of hatred that1593begins with the Jewish people but never ends with the Jewish1594people.15951596    Once this form of hatred is unleashed, it knows no1597boundaries and it attacks other vulnerable parts of our1598society, our cultural institutions, and our core democratic1599values. ISGAP is a research center that operates globally. We1600operate in the United States, in the United Kingdom where we1601have a research center in Cambridge University. We do programs1602at Oxford University.16031604    We are also at--in Tel Aviv University at the INSS in1605Israel, in Italy, and in Canada. Our mission is to map and1606decode contemporary Antisemitism and the anti-democratic forces1607at the highest levels of scholarship, developing scientific,1608evidence-based strategies to assist policymakers in combating1609this ancient scourge. Our research demonstrates that1610Antisemitism has infiltrated mainstream discourse across1611educational, political, and social spheres.16121613    Our most prestigious universities and campuses, we have1614witnessed hundreds of Antisemitic resolutions and protest which1615turned--some of them turned violent. Others leading to the1616harassment and exclusion of Jewish students, faculty, and1617staff.16181619    While Antisemitism is known as the world's oldest hatred,1620the Hamas attack of October the 7th triggered an explosion of1621organized Antisemitic attacks against Jewish people and Jewish1622institutions initially, initially on college campuses before it1623spread nationwide.16241625    Antisemitic incidents have surged 360 percent since October1626the 7th according to the ADL survey, and 83 percent--83 percent1627of Jewish college students across this country have reported1628witnessing or experiencing Antisemitism on their campus. I have1629personally seen that many Jewish students and faculty no longer1630feel physically safe on their college campus, which should be a1631bastion of tolerance and intellectual freedom and exploration.16321633    ISGAP's primary premier research project now is called1634Follow the Money, which examines the relationship between1635foreign funding to United States universities and the rise of1636Antisemitism on campus but also in the classroom. Our research1637has documented disturbing patterns of foreign influence and1638financial contributions that coincide with increased1639Antisemitic activity, compromise academic freedom, and distort1640campus discourse on issues related to Israel, Jews, and the1641Middle East.16421643    In 2019, I presented our initial findings of this Follow1644the Money research project to Federal officials revealing that1645$3 billion of undisclosed money coming from Middle East anti-1646democratic, anti-American, Antisemitic forces, primarily from1647the Qatari regime to American universities, has led to a1648Federal--led to a Federal investigation that identified more1649than $6.5 billion in unreported foreign funding to our1650universities.16511652    Our ongoing research establishes that the Qatari regime1653donations have substantially impacted Antisemitic discourse at1654American universities, while also promoting anti-democratic1655values. It should be noted that the Qatari regime maintains1656documented ties to the Muslim Brotherhood.16571658    The Muslim Brotherhood is a reactionary, I would even say1659perversion, of Islam that combines a perversion of Islam with1660European Antisemitism and even the Protocols of the Elders of1661Zion that--the Protocols of the Elders of Zion that led to the1662Holocaust.16631664    That they have this--it is called the bai'at, spiritual1665oath to the Muslim Brotherhood that has given--that also1666support and gives rise to Hamas, the Palestinian chapter of the1667Muslim Brotherhood, and other violent Antisemitic and anti-1668democratic extremist affiliations.16691670    Since October the 7th, ISGAP has published 12 comprehensive1671reports revealing tens of billions of dollars in undocumented1672foreign funding coming to American universities, again,1673primarily from the Qatari regime, unreported to the Department1674of Education as required by law. Our analysis shows that1675between 2015 and 2020, that there has been a 300 percent1676increase in Antisemitic incidents as well.16771678    We have uncovered systematic efforts to circumvent the1679transparency required by Section 1.17 of the Higher Education1680Act. Universities under report foreign gifts, use third-party1681foundations to shield donor identities, and fail to disclose1682conditions and restrictions attached to the donations. Can I1683finish in 30 seconds or--?16841685    The Chairman. Thirty seconds.16861687    Mr. Small. Okay. Very quickly, we found--we did a report on1688Texas A&M. We found $1.3 billion in undocumented money between1689the Qatari regime and Texas A&M. We found 502 research1690projects. Texas A&M gave all of their intellectual property1691rights to the Qatari regime.16921693    58 projects we flagged that have military dual-use1694purposed. 13 have nuclear research dual-use purposes. Qatar has1695very good relations with the Iranian revolutionary regime,1696Hamas, and the Taliban. At Cornell University, we found $21697billion in unreported, undocumented funding going from Qatar to1698Cornell.16991700    K through 12, we just published a report, hundreds of1701millions of dollars going to create curriculum across the1702United States of America for children that remove Jews and1703Christians from curriculum about the Middle East. We've done1704reports on SJP. I'll end it there and I'll get to1705recommendations in the Q&A but thank you for listening.17061707    [The prepared statement of Mr. Small follows:]1708             prepared statement of dr. charles asher small1709    Chairman Cassidy, Ranking Member Sanders, and distinguished Members1710of the Committee:17111712    Thank you for convening this critical hearing on the alarming rise1713of antisemitism on college campuses.17141715    I serve as the Executive Director of the Institute for the Study of1716Global Antisemitism and Policy (ISGAP), and as the Director of the1717ISGAP-Woolf Institute Fellowship Training Program in Critical1718Contemporary Antisemitism Studies, Discrimination, and Human Rights at1719the Woolf Institute at St. Edmonds College at the University of1720Cambridge. Additionally, I am the Director of the Fellowship Training1721Program in Critical Contemporary Antisemitism Studies at the Institute1722for National Security Studies (INSS), Tel Aviv University.17231724    In 2004, together with Nobel Peace Prize laureate Elie Wiesel, I1725established ISGAP as North America's first international1726interdisciplinary research center dedicated to studying contemporary1727antisemitism. Since then, ISGAP has been at the forefront of1728researching, teaching, and publishing scholarly work on this critical1729issue. Today, we operate as the only global research institute1730specifically focused on identifying and countering antisemitic1731narratives in academia, with operations across the United States,1732United Kingdom, Israel, Italy, and Canada. We are based at top1733universities and consult and advise governments and security agencies1734of allied countries.1735         The Mainstreaming of Antisemitism on College Campuses1736    ISGAP's extensive research demonstrates that antisemitism has1737transcended fringe extremist groups and infiltrated mainstream1738discourse across political, educational, ideological, and social1739spheres. Jewish individuals and institutions now face unprecedented1740levels of harassment, intimidation, and violence fueled by converging1741radical ideologies.17421743    On our most prestigious college campuses, in the United States and1744in other democratic nations, we have witnessed hundreds of protests,1745demonstrations, and antisemitic resolutions. Some have turned violent,1746while others have resulted in the social ostracism, harassment,1747intimidation, and exclusion of Jewish students, faculty, and staff.17481749    It is essential to understand, as Elie Weisel always taught us,1750that antisemitism is not a parochial problem for the Jewish community,1751or for Israel. Antisemitism always begins with the Jews but never ends1752with the Jewish people. Once unleashed, this deadly form of hate knows1753no boundaries. It attacks our democratic principles and institutions,1754and basic human decency.17551756    The weaponization of intellectual frameworks against Jewish people1757has a dangerous historical reference that we can see today. Academia in1758pre-Nazi Germany helped legitimize antisemitism by developing1759``scientific'' racial theories that classified Jews as inferior,1760creating intellectual foundations that the Nazi regime later exploited1761to justify persecution. Today, some critics of Israel have shifted from1762legitimate criticism of government policies to more extreme rhetoric1763that denies Israel's right to exist and justifies violence against1764Israelis (including civilians), which crosses the line from political1765critique to harmful discourse. The disturbing parallels between1766historical academic antisemitism and certain modern campus movements1767cannot be ignored, as both employ intellectual frameworks to dehumanize1768and threaten Jews and justify their exclusion or harm.1769                      The Aftermath of October 7th1770    Antisemitism is the world's oldest hatred, and the tragic1771implications of this discrimination are still very much with us today.1772Hamas--the Palestinian chapter of the Muslim Brotherhood--carried out a1773horrific attack against Israel on October 7, 2023, that triggered--and1774even seemed to justify--immediate, coordinated, and well-funded attacks1775globally against Jews, Jewish institutions, and organizations1776supporting Israel. This weaponized hatred initially emerged at1777universities and on college campuses before rapidly spreading to our1778streets and communities. And most troubling, the protests willfully1779ignored key facts on the ground--including that it was Hamas who1780initiated the attack against Israel; that Hamas staged a monstrous and1781brutal attack targeting Israelis, especially innocent civilians,1782including torture, mutilation and sexual violence against women; and1783that the ultimate goal of the attack was to completely destroy the1784Jewish state of Israel and to murder Jews around the world.17851786    Further, those who took to the streets in so-called ``anti-Israel''1787protests following the attack on October 7th effectively aligned1788themselves with Hamas and Hezbollah, both of which are longstanding1789designated foreign terrorist organizations in the United States and by1790countries around the world. The protesters' rhetoric and symbolism1791revealed hostility not just toward Israel but also toward Jewish1792communities writ large, as well as a fundamental rejection of1793democratic principles and American values that protect pluralism and1794religious freedom. Their demonstrations, draped in the language of1795resistance but fueled by antisemitism, represented an assault on the1796very constitutional foundations that guarantee equal protection and1797dignity for all citizens, regardless of faith or ethnicity.17981799    Jewish Americans and their friends and allies now face threats to1800their physical security and dignity at levels not seen in generations,1801and the statistics are deeply concerning. Antisemitic incidents have1802surged 360 percent since October 7th, according to the Anti-Defamation1803League (ADL); and a survey conducted by Hillel, ADL, and College Pulse1804found that 83 percent of Jewish college students have witnessed or1805experienced antisemitism on campus. Many Jewish students report feeling1806unsafe on campuses that should be bastions of tolerance and1807intellectual freedom. And we have seen that what often begins as1808``criticism of Israel'' frequently crosses into antisemitism by denying1809Jewish self-determination, applying double standards, or employing1810antisemitic tropes.1811          ISGAP's Mission and the ``Follow the Money'' Project1812    ISGAP's core mission involves mapping and decoding contemporary1813antisemitism, its root causes and the antidemocratic forces operating1814at the highest levels of scholarship and developing evidence-based1815strategies to assist policymakers in combating this pernicious hatred.1816Our extensive research has documented a troubling increase in1817antisemitic activity throughout academia and analyzed the role of1818different agents in nurturing this hostile atmosphere.18191820    Our groundbreaking ``Follow the Money'' project specifically1821examines the relationship between foreign funding to American1822universities and the alarming rise of antisemitism on college campuses.1823This research initiative has meticulously documented disturbing1824patterns of foreign influence through financial contributions that1825consistently coincide with increased antisemitic activity; compromised1826academic freedom; and distorted campus discourse on issues related to1827Israel, Jews, and the Middle East.1828           Key Findings from the ``Follow the Money'' Project1829    In July 2019, I presented initial findings from our research (begun1830in 2012) to the Department of Justice, the Department of Education, the1831Department of Homeland Security, and numerous other Federal officials.1832The project revealed, for the first time, $3 billion in undisclosed1833Middle Eastern funding--primarily from Qatar--to U.S. universities,1834triggering a Federal investigation. The Trump administration then1835undertook its own investigation, led by the Department of Education,1836and found $6.5 billion in undocumented foreign funding at our colleges1837and universities. \1\1838---------------------------------------------------------------------------1839    \1\  See https://www.ed.gov/sites/ed/files/policy/highered/leg/1840institutional-compliance-section-117.pdf for the full report.18411842    ISGAP's ongoing research has established that foreign donations1843from Qatar, in particular, have had a substantial impact on fomenting1844antisemitic discourse and campus politics at U.S. universities, while1845also promoting anti-democratic values within these institutions of1846higher education. Following the Hamas attack on Israel on October 7,18472023, these influences have raised serious security concerns with1848---------------------------------------------------------------------------1849potential domestic and global implications.18501851    It should be noted that Qatar maintains documented political and1852ideological ties to the Muslim Brotherhood, the transnational1853antisemitic and antidemocratic movement that calls for the destruction1854of Israel and the killing of Jews and gave rise to Hamas and other1855violent extremist affiliates.18561857    Since October 7, 2023, ISGAP has published 12 comprehensive reports1858\2\ revealing tens of billions of dollars in foreign funding to U.S.1859universities--again, primarily from Qatar--unreported to the Department1860of Education. \3\ Our statistical analysis demonstrates a direct1861correlation: from 2015-2020, institutions that accepted funding from1862authoritarian regimes--including from the Middle East--experienced, on1863average, 300 percent more antisemitic incidents than institutions that1864did not.1865---------------------------------------------------------------------------1866    \2\  For a full list of reports, see Follow the Money: Qatar and1867the Muslim Brotherhood Funding of Higher Education in the United1868States-ISGAP.1869    \3\  Our most recent report--the 12th installment in the ``Follow1870the Money'' series--examines the Choices Program, a national education1871initiative for K-12 social studies curriculum housed at Brown1872University. The program, which combines licensed curriculum units, free1873online content, and professional education workshops, is used by 8,0001874schools nationwide, reaching over one million students. Our1875investigation uncovered extensive foreign influence and anti-Israel1876bias within the Choices curriculum, including undisclosed foreign1877funding and systematic distortion of historical facts aimed at1878delegitimizing Israel.1879---------------------------------------------------------------------------1880            Systematic Evasion of Transparency Requirements1881    Our investigation also has uncovered systematic efforts to1882circumvent existing transparency requirements under Section 117 of the1883Higher Education Act. We found that universities have chronically1884underreported or entirely omitted foreign gifts and contracts from1885mandatory Federal disclosures. Our research also has revealed the1886strategic use of third-party foundations, institutes, and businesses to1887shield the identities of foreign donors, and that universities1888systematically fail to disclose conditions attached to foreign1889donations that may compromise academic independence and integrity.18901891    Significant Qatari funding has been provided to numerous1892institutions, including Texas A&M, Georgetown, Cornell, Carnegie1893Mellon, Northwestern, Virginia Commonwealth, University College London1894and HEC Paris--all of which maintain campuses in Doha subsidized by the1895Qatar Foundation, which is fully funded by the Government of Qatar. \4\1896In addition, Qatar has provided billions of dollars in direct funding1897to other myriad universities in the United States.1898---------------------------------------------------------------------------1899    \4\  ``Education City in Qatar.'' https://www.qf.org.qa/education/1900education-city.19011902    Despite its close ties to the United States and other Western1903countries, Qatar has built an extensive network of Islamist partners.1904It endorsed, hosts, supports, and represents the Muslim Brotherhood and1905its global agenda; maintains ties with Iran and the Taliban; and1906supports and hosts Hamas and its exiled leadership. \5\1907---------------------------------------------------------------------------1908    \5\  David B. Roberts, ``Reflecting on Qatar's `Islamist' Soft1909Power,'' Policy Brief (2019): https://www.brookings.edu/wp-content/1910uploads/2019/04/FP--20190408--qatar--roberts.pdf.1911---------------------------------------------------------------------------1912                     Case Studies from Our Research1913    We published two detailed reports on Texas A&M University, which1914operates a satellite campus in Doha, Qatar. These reports reveal that1915the agreement between Qatar and Texas A&M involves more than $1 billion1916in Qatari funding and more than 500 research projects, some with1917potential dual-use applications at the military and nuclear levels. Our1918research also revealed that their contractual agreement granted the1919Qatar Foundation ownership of all intellectual property for research1920projects conducted at the Doha campus, which is particularly concerning1921given the potential military applications of some of these projects.1922\6\1923---------------------------------------------------------------------------1924    \6\  See https://isgap.org/wp-content/uploads/2023/11/Texas-AM-1925Qatar.pdf and https://isgap.org/wp-content/uploads/2024/02/TAMUQ-1926Report-Volume-Two-1.pdf for the full reports.19271928    After our first report on Texas A&M was published in November 2023,1929the university announced that it would wind down its Doha campus by19302028. Nevertheless, we believe there should be an investigation into1931the sensitive research activities undertaken at the campus and that the1932terms of the agreement between the university and the Qatari regime1933---------------------------------------------------------------------------1934should be fully disclosed.19351936    Our comprehensive analysis of Cornell University revealed that1937Qatar provided nearly $10 billion to the university between 2001 and19382023, making it the largest direct foreign donor--approximately 301939times larger than Cornell's next largest donor. This massive financial1940involvement, directly and indirectly, in funds and in kind raises1941serious questions about potential influence over academic priorities1942and campus discourse.19431944    Our investigation into Columbia University uncovered that it has1945failed to report any of the Qatar funding it has received--estimated to1946be at least $7.17 million--to the U.S. Department of Education, despite1947being legally required to do so. This non-compliance exemplifies the1948systemic transparency problems that plague foreign funding1949relationships across American higher education.19501951    In addition, we have published two reports on Students for Justice1952in Palestine (SJP), a student-led organization that serves as the1953ground troops spreading Hamas's deadly ideology and disrupting1954classrooms and campuses nationwide. SJP denies the right of Jewish1955self-determination (in other words, the right of Israel to exist in any1956form), diminishes and, at times, denies the Holocaust, and supports a1957global intifada (violent resistance) against Jews and Israel. \7\ Since1958October 7, more SJP rallies and rhetoric actually call for and justify1959the violence, mutilation, and rape of so-called ``colonialist1960settlers'' of Palestinian land, and blame the violence on their1961presence, which necessitates ``resistance'' by any means necessary.1962Some SJP chapters have declared their support for terrorist groups such1963as Hamas and openly call for the dismantling of Israel as the homeland1964of the Jewish people. In fact, the SJP Toolkit, released after October19657, 2023, openly declared themselves to be part of the ``movement''1966(which refers to Hamas' October 7 attacks), and not just supporters.1967\8\1968---------------------------------------------------------------------------1969    \7\  ``Students for Justice in Palestine,'' ADL, October 19, 2023,1970https://www.adl.org/resources/backgrounder/students-justice-palestine-1971sjp.1972    \8\  ``Day of Resistance Toolkit,'' https://isgap.org/wp-content/1973uploads/2023/10/DAY-OF-RESISTANCETOOLKIT.pdf.1974---------------------------------------------------------------------------1975               A Tipping Point and Opportunity for Change1976    We stand at a critical juncture. Students, faculty, and staff face1977intimidation at universities worldwide, particularly in the United1978States. The demonization of Israel in academia has spilled from1979classrooms into campus encampments, and from there onto subways,1980streets, airports, and even to the homes of Jewish leaders and1981journalists.19821983    The tipping point is the normalization of antisemitism within1984intellectual circles and campus culture, where young Americans are1985shaped into citizens and future leaders. When hatred toward Jewish1986people becomes acceptable in these formative environments, we risk1987poisoning generations of minds at their most impressionable stage,1988threatening not just Jewish communities but the very foundations of a1989tolerant, democratic society.19901991    Within this crisis lies a tremendous opportunity for change. With1992that in mind, I respectfully offer the following recommendations:19931994          congressional Oversight: Convene additional hearings1995        in relevant committees to understand Qatar's aggressive1996        investment strategies and assess its influence on Western1997        democratic values and security.19981999          University Investigation: Examine institutions2000        receiving Qatari funding to assess impacts on education,2001        curriculum, scholarship, and campus discourse, particularly2002        regarding antisemitism.20032004          Financial Accountability: Investigate systematic2005        underreporting of foreign donations to U.S. universities and2006        pursue appropriate action against non-compliance, including2007        examining correlations between funding and increasing2008        antisemitism. ISGAP strongly supports the DETERRENT Act as a2009        balanced approach to strengthening transparency while2010        preserving legitimate international collaboration at our2011        colleges and universities.20122013          Enhanced Transparency: Enact stronger laws requiring2014        comprehensive public disclosure of any foreign contracts,2015        grants, and donations received by U.S. universities, including2016        collaborative projects, travel sponsorships, endowed faculty2017        positions, and any attached conditions.20182019          Definitional Clarity: Adopt the IHRA Working2020        Definition of Antisemitism as an educational tool across2021        government agencies, educational institutions, and civil2022        society.20232024          Educational Initiatives: Develop comprehensive2025        programs about critical study of contemporary antisemitism, the2026        Holocaust, and Jewish contributions to American society for2027        public schools.20282029          Civil Rights Enforcement: Ensure full funding and2030        enforcement of Title VI of the Civil Rights Act to protect2031        Jewish students from discrimination. In addition, colleges and2032        universities must be more proactive in providing for the safety2033        and security of Jewish students on their campuses, as well as2034        for other students who are being affected by the toxic2035        atmosphere on campuses.2036                               Conclusion2037    Antisemitism threatens not only Jewish Americans but the2038pluralistic, democratic values that define our Nation. Confronting this2039ancient hatred in its contemporary forms requires a coordinated2040approach across government, academia, and civil society, as the scourge2041now permeates American education, from the classroom to the encampments2042to our streets.20432044    I commend this Committee for its attention to this crucial issue2045and stand ready to provide any additional information or assistance as2046you continue your important work.20472048    I welcome any questions you may have about our research findings or2049recommendations.20502051    Thank you.2052      APPENDIX: FULL LISTING OF ISGAP ``FOLLOW THE MONEY'' REPORTS2053    ``The Qatari Regime, Hamas, and the Muslim Brotherhood'' lays out2054the history and the ideological tenets of the Muslim Brotherhood as2055well as its relationship and connections to Hamas and Qatar.20562057    ``Networks of Hate'' exposes the deceptive tactics and means with2058which Qatar, which is linked to the Muslim Brotherhood, funnel funds2059into academia and civil society, how universities are bypassing U.S.2060government reporting requirements, and how companies such as Al Jazeera2061are averting FARA requirements.20622063    ``The Corruption of the American Mind'' assesses the impact of2064foreign funding on antisemitism and anti-democratic politics on campus.20652066    ``The Ongoing Failure to Report'' raises concerns about2067transparency and accountability within higher education (in this case2068Yale), particularly regarding financial dealings with foreign entities.20692070    ``Hijacking Higher Education, Qatar, The Muslim Brotherhood, and2071Texas A&M, Volume I and Volume II'' reveal why unrestricted access of2072Qatar and its state-owned entities to Texas A&M University's sensitive2073research might pose a potential national security risk.20742075    ``Cornell University's Ten Billion Dollar Sale'' exposes the scale2076of Qatari funding to Cornell, with over $1.95 billion donated directly2077to the university from 2001 to 2023, making it the largest direct2078foreign donor to the university--some 30 times higher than the next2079largest donor.20802081    ``National Students for Justice in Palestine: Antisemitism, Anti-2082Americanism, Violent Extremism and the Threat to American2083Universities'' delves into the roots of antisemitism within SJP, its2084connections to violence and terrorism, and its alarming rise in2085influence since the Hamas attack in Israel on October 7. The report2086also reveals ``over $3 million a year'' of funding for the NSJP linked2087to organizations accused of funding Hamas. See ISGAP report on SJP from20882019 here.20892090    ``Columbia University From the Classroom to Campus Politics: The2091Normalization of Antisemitism, Anti-Democratic Politics,2092Marginalization, and Intimidation'' notes that despite being legally2093required to do so, Columbia University has not reported any of the2094Qatari funding (estimated to be at least $7.17 million) it has received2095to the U.S. Department of Education's reporting system and makes no2096mention of any connections between Columbia University and Qatar or2097Qatari entities in its financial statements.20982099    ``The Ongoing Failure to Report: Yale University, Qatar and2100Undisclosed Foreign Funding - Volume Two'' reveals substantial2101unreported collaboration between Yale and Qatar both at the2102institutional level and among university staff; for example, the report2103shows that since 2012, Yale has only declared one grant from Qatar in2104the amount of $284,668 but is estimated to have received approximately2105$15,925,711 from Qatar during that time.21062107    ``South Africa, Hamas, Iran, and Qatar: The Hijacking of the ANC2108and the International Court of Justice'' sheds light on how the2109alliance of terror and radical Islam are using South Africa and the2110people's valiant historical legacy of struggle, as a critical node in2111global terrorist financing networks. Crucially, the report connects2112South Africa's political and financial alignment with Iran and Qatar--2113both leading supporters of global terrorism--with its campaign to bring2114a legal case against Israel at the International Court of Justice2115(ICJ).21162117    ``Foreign Influence and Anti-Israel Bias in K-12 Classrooms''2118examines the Choices Program, a national education initiative for K-122119social studies curriculum housed at Brown University that combines2120licensed curriculum units, free online content, and professional2121education workshops. Choices is used by 8,000 schools nationwide,2122reaching over one million students. Our investigation reveals extensive2123foreign influence and anti-Israel bias in the curriculum, and that it2124operates with undisclosed foreign funding and has been found to2125systematically distort historical facts to delegitimize Israel.2126                                 ______21272128             [summary statement of dr. charles asher small]2129    As Executive Director of the Institute for the Study of Global2130Antisemitism and Policy (ISGAP), I will present evidence on the root2131causes of the alarming rise of antisemitism on college campuses.2132Founded in 2004 with Nobel laureate Elie Wiesel, ISGAP is the only2133global research institute specifically focused on identifying and2134countering antisemitic narratives in academia.21352136    Our research reveals that antisemitism has moved from fringe groups2137into mainstream academic discourse. Since the October 7th Hamas attack,2138antisemitic incidents have surged 360 percent according to the ADL,2139with 83 percent of Jewish college students reporting experiencing or2140witnessing antisemitism on campus.21412142    ISGAP's ``Follow the Money'' project has uncovered a disturbing2143correlation between foreign funding--primarily from Qatar--and campus2144antisemitism. In 2019, we revealed $3 billion in undisclosed Middle2145Eastern funding to U.S. universities, triggering a Federal2146investigation. Our statistical analysis shows institutions accepting2147funding from authoritarian regimes--including in the Middle East--2148experienced 300 percent more antisemitic incidents than those that did2149not (2015-2020).21502151    Since October 7, 2023, ISGAP has published 12 comprehensive reports2152revealing tens of billions of dollars in foreign funding to U.S.2153universities--again, primarily from Qatar--unreported to the Department2154of Education. ISGAP's research has established that this funding has2155had a substantial impact on fomenting antisemitic discourse and campus2156politics at U.S. universities, while also promoting antidemocratic2157values.21582159    Our investigations have found that universities have chronically2160underreported or entirely omitted foreign gifts and contracts from2161mandatory Federal disclosures required under Section 117 of the Higher2162Education Act, including: more than $1 billion from Qatar to Texas A&M;2163nearly $2 billion from Qatar to Cornell University between 2001-2023;2164and an estimated $7.17 million in Qatari funding to Columbia2165University.21662167    It should be noted that Qatar maintains documented political and2168ideological ties to the Muslim Brotherhood, the transnational2169antisemitic and antidemocratic movement that gave rise to Hamas and2170other violent extremist affiliates, raising questions about the impact2171of this funding on campus discourse and academic independence.21722173    Our key recommendations include:21742175        1. Increased congressional oversight of foreign influence in2176        higher education;21772178        2. Investigation of institutions of higher education that are2179        receiving Qatari funding;21802181        3. Enhanced transparency laws for foreign funding disclosure;21822183        4. Adoption of the IHRA Working Definition of Antisemitism;21842185        5. Development of educational programs about antisemitism; and21862187        6. Full funding and enforcement of Title VI protections for2188        Jewish students, as well as ensuring the safety and security of2189        Jewish students on campus.2190                                 ______21912192    The Chairman. Senator Sanders.21932194    Senator Sanders. Thank you, Mr. Chairman. Our next witness2195is Rabbi David Saperstein, the Director Emeritus of the2196Religious Action Center of Reform Judaism. Rabbi Saperstein has2197served as Director and Counsel for the Religious Action Center2198of Reform for 40 years. Rabbi, thank you very much for being2199with us and you may proceed.22002201    STATEMENT OF RABBI DAVID SAPERSTEIN, DIRECTOR EMERITUS,2202   RELIGIOUS ACTION CENTER OF REFORM JUDAISM, WASHINGTON, DC22032204    Mr. Saperstein. Chair Cassidy----22052206    Senator Sanders. Turn the mic on please.22072208    Mr. Saperstein. Chair Cassidy, Ranking Member Sanders,2209distinguished Members of this important Committee, as a rabbi,2210a First Amendment lawyer, a civil rights advocator, a diplomat2211having served as the United States Ambassador for International2212Religious Freedom, I have engaged in a career of fighting for2213religious freedom and equal rights for all fighting against2214discrimination of any group because of their identity.22152216    The foundational lesson I take from this half century of2217work is that we cannot counter and delegitimize hatred against2218any one group unless we counter hate against all, which I think2219is embodied in Elie Wiesel's quote that you gave. So, to2220countering Antisemitism.22212222    At this period of unprecedented levels of Antisemitism in2223our society, on the campuses--I won't go into. You've described2224it very, very well here. And there are distinctive aspects to2225fighting Antisemitism and we should accept nothing less than2226every Jewish student being safe.22272228    It doesn't mean you are going to be free of hearing speech2229that you are deeply troubled by and find offensive, but I want2230to say it again, we should accept nothing less than every2231Jewish student being safe on their campuses. And we cannot2232ensure that Jewish students are safe on campus until all2233students are safe unless the mechanisms against discrimination2234are robust enough to support all protected groups.22352236    Unless we effectively address the broadest spread of hate2237speech, hate crimes, dehumanization, demonization,2238discrimination, ostracization against all those who are so2239victimized. Hate speech and hate crimes are intended to tear at2240the threads that hold our society together. Haters seek to2241undermine the comity and unity of Americans. Our responses must2242not add to those divisions.22432244    Any attempts to secure the rights and safety for Jews that2245undercuts the rule of law, that weakens our public schools or2246higher education, that further divides our Nation in college2247campuses undermines the very principles and institutions,2248undermines the democracy that have made it possible for Jews to2249flourish with more rights, more freedoms, more opportunities,2250more achievements in this country than Jews have ever known in2251diaspora life.22522253    But sadly, alarmingly a number of recent actions against2254judges, law firms, defunding universities, ignoring of judicial2255rulings, stripping due process in acting against protesters,2256the dismantling of the Department of Education's Office of2257Civil Rights, and the subsequent loss of its knowledgeable2258professionals seems to be doing exactly that. The2259Administration should build on not abandon successful2260approaches that have shaped and embraced by prior2261Administrations of both parties.22622263    Improving consistent comprehensive reporting of2264Antisemitism. Strengthening security resources for vulnerable2265nonprofits and for religious life on our campuses. Expanding2266support for strong Holocaust history of Antisemitism, anti-bias2267education on campuses--in our society.22682269    Pressing social media platforms to curb Antisemitism and2270Holocaust denial and other expressions of group hate. And2271continuing vigorous efforts in identifying Antisemitism,2272enforcing existing education, anti-discrimination, and hate2273crimes laws. As to the last of these recommendations, I would2274leave it to my colleague to talk about how IHRA should and2275should not be used to affect that.22762277    There is unity across political and ideological lines on2278what constitutes most Antisemitic speech and action. There are2279however different views about when expressing substantive2280criticism of Israel's policies and actions steps over the line2281into Antisemitism, or just maybe right or wrong on its merits.22822283    Whichever side of that line the speech may fall on, our law2284is clear against intimidation or harassment or threats2285regardless of the content of the speech targeting. For example,2286it is protected speech, even if deeply objectionable speech, to2287assert that Israel is an apartheid state or guilty of genocide.22882289    But whenever a Jewish student is taunted, blamed, or2290accused of supporting apartheid or genocide because they are2291Jewish, this constitutes discrimination because of their2292religion, national origin, shared ancestry. The same principle2293would apply to a student who looked to be Muslim or Arab being2294taunted for being a terrorist or Jihad supporter.22952296    As well as the Jewish student wearing a yarmulke facing2297taunts saying no Zionists are welcomed here. How many babies2298have you killed today? One key aspect of fighting Antisemitism2299that is in the Committee's purview is we know the higher the2300levels of education, the less likely to hold racist or2301Antisemitic attitudes.23022303    It is not an inoculation. We are looking at politicized2304forms of Antisemitism on our campuses here. But for 340 million2305Americans, it is true, according to all these studies, the2306higher level of education, the less racist and Antisemitic.2307Finally this, above all to succeed, political leaders of both2308parties, civic religious leaders, their communities must come2309together if we are to make hate have no place in America.23102311    As Rabbi Stacy Friedman observed in conclusion, it is our2312compassion, our common humanity, that defines us. It is a2313very--the way people have united as allies and partners and2314standing up against such hatred that defines us. It is the2315support so many have shown one another after each attack that2316ultimately defines us. It is the love and tears we have shed2317for one another at our vigils, that is what defines us, and I2318hope to defines Congress's work as well.23192320    [The prepared statement of Mr. Saperstein follows:]2321                 prepared statement of david saperstein2322    Chairman Cassidy, Ranking Member Sanders, Distinguished Members of2323this important Committee.23242325    I am a rabbi who for decades represented the largest denomination2326in American Jewish life in its public policy and social justice work. I2327am a lawyer who taught both Jewish Law and Church State constitutional2328law at Georgetown Law School for over 35 years. I had the immense honor2329to work closely with a number of you and many of your colleagues across2330party lines as the U.S. Ambassador for International Religious Freedom.2331I have chaired two Federal commissions dealing with religious freedom2332and human trafficking, and have served on the boards of major civil2333rights organizations including decades on the national boards of the2334NAACP and Leadership Conference on Civil and Human Rights. One constant2335theme throughout all of those decades, in all of these honored roles,2336was fighting for equal rights for all, and fighting against2337discrimination of any group because of their immutable characteristics2338or a core identity. The foundational lesson I take from this half2339century of work is that hatred against any group cannot be stopped,2340cannot be thwarted, cannot be delegitimized, and cannot be changed into2341comity and understanding, unless we succeed in protection for all, and2342in countering hate against all.23432344    It is clear to me that this is true of the effort to counter2345antisemitism. We cannot ensure that Jewish students are safe on campus2346until all students are safe. We cannot effectively bar discrimination2347against Jews, unless the mechanisms against discrimination are robust2348enough to bar discrimination against all protected groups. We cannot2349counter hate crimes against Jews unless we effectively address the2350spread of hate speech, hate crimes, dehumanization, demonization and2351discrimination against all those who are so victimized. Often called2352the world's oldest hate, we Jews have been victims of antisemitism in2353so many forms, the quintessential victims throughout human history of2354religious persecution. We have faced repeated efforts to destroy us, to2355ethnically cleanse us not only from our historic homeland, but from2356many nations and communities in which we sought refuge. We have2357experienced centuries of pogroms, banishment, persecution, and second-2358class citizenry--simply because of the way we worshiped God, because of2359our vision of ethical monotheism, and because of our ties to a 3000-2360year-old historic homeland. And since the age of reason, we so often2361have been the canary in the coal mine of group hatred in the nations in2362which we have dwelled.23632364    Today in America we see antisemitism reach its highest levels since2365the ADL and FBI began tracking statistics. Eighty three percent of2366Jewish students, according to the ADL, say they have witnessed2367antisemitism this past year. We are hearing hate speech against Jews2368and witnessing antisemitic actions against Jews in America and across2369the globe that we never dreamed of, and hoped after the Holocaust, we2370would hear or see again in our lifetimes.23712372    Yet again, it is not just Jews who are affected. We have seen in2373our own Country not just an explosive growth in antisemitism, but a2374terrible multiplying of hate groups and the spread of hate speech and2375hate acts. We see hate acts against Asians, Muslims, Sikhs, Christians,2376LGBTQ+, women, African Americans, and immigrants in escalating numbers.2377And in America, as well as throughout the world, we have witnessed the2378degradation of civil discourse, first in the dark corners of the2379internet and then more publicly, exacerbated by the anonymity of social2380media and the stamp of approval of such rhetoric by too many leaders in2381our Nation, in nations across the globe.23822383    This hate speech has inspired hate crimes. And the damage such2384speech and crimes inflict on their victims--and on America--can be2385great and requires both a national and a communal response. Hate crimes2386are more than mere acts of violence. They are more than murders,2387beatings, arsons, and desecrations. Hate crimes are nothing less than2388attacks on the values that are the pillars of our republic and the2389guarantors of our freedom. They are a betrayal of the promise of2390America. They erode our national well-being. Those who commit these2391crimes do so fully intending to tear at the too-often frayed threads of2392diversity that bind us together and make us strong. They seek to divide2393and conquer us. They seek to tear us apart from within, pitting2394American against American, fomenting violence and civil discord.23952396    Yet that, distinguished Members of this Committee, seems to be2397exactly what we are witnessing, on the one hand, in the explosive2398spread of antisemitism on campuses and, on the other, in the response2399to protests against Israel's policies without thoughtful regard to2400setting clear lines as to when exercise of free speech and the right to2401protest criticism steps over the line into antisemitism. And this has2402inflamed rather than constructively helped address the antisemitism2403that Jews face today.24042405    In the end, whether nationally or globally, we must confront,2406delegitimize and combat antisemitism--embracing the paradox that2407antisemitism has distinctive characteristics and is capable of taking2408on a life of its own regardless of what happens in the rest of society.2409Yet simultaneously recognizing that unless we ensure freedom, equality2410and security for all peoples and all religions, and bring an end to2411hate speech and hate crimes against any vulnerable group--America's2412Jews will never be safe.24132414    I submit to you the following:24152416    This nation has given Jews more rights, more freedom, more2417opportunities than we have known in 2500 years of diaspora life. Three2418things relevant to our conversations today were indispensable in2419achieving that for American Jews:24202421    First, the rule of law at the heart of our democracy and our2422constitutional system of government.24232424    Second, the framers' commitment to the separation of church and2425state and to religious freedom that, combined, created for the first2426time in human history, a nation in which one's rights as a citizen2427would not depend on one's religious identity, beliefs or peaceful2428practices. It took the Supreme Court's robust interpretation of the2429religion clauses in the mid-20th century and the core civil rights2430protections forged by the Court and the Congress to fulfill that2431promise, but in the 20th century it changed everything for Jews.24322433    The third was the public schools of America and the system of2434Higher Education, which has been one of the glories of America. When2435higher educational institutions finally dropped their Jewish quotas2436limiting Jewish students and faculty, it opened unprecedented2437floodgates of opportunity and achievement for American Jewry.24382439    Painfully now, under the guise of fighting antisemitism, we are2440witnessing attacks on all of these foundational aspects that have2441contributed to making America so special. Several factors exacerbate2442this divisiveness.24432444    First, so much of the current Administration's focus is only on2445antisemitism from the left such as antisemitism related to pro-2446Palestinian protests particularly since the horrific attacks of Oct 7th2447and Israel's response. Yet most of the deadliest attacks against Jews2448in America's history from the lynching of Leo Franks to the2449Charlottesville ``Jews will not replace us'' rally to the Tree of Life2450tragic murders came from neo-Nazi or white supremacist groups. Some of2451the worst antisemitic rhetoric in American history came from center2452right figures like Father Coughlin, America Firster Charles Lindberg,2453and Henry Ford.24542455    Part of this seems reflected in the Heritage Foundation's Project2456Esther: A National Strategy to Combat Antisemitism, which seems to2457have, like the rest of Project 2025, a significant impact on the2458shaping of the Administration's actions. It focuses almost entirely on2459what it refers to as ``an active cabal of Jew-haters, Israel-haters and2460America-haters in Washington all apparently aligned with the far2461left.''24622463    I acknowledge that, of course, there is antisemitism on campuses2464that comes from the left, but can we all agree that we need to address2465antisemitism from both the right and the left? And we won't effectively2466address antisemitism on campuses unless we address antisemitism more2467broadly throughout America, from the left and from the right.24682469    Second, there are numerous constructive steps that can be taken by2470the Department of Education that have been successful in the past. They2471should be built on, not abandoned. The Department of Education's Office2472for Civil Rights has previously reached agreements with universities to2473tackle antisemitic harassment and other expressions of antisemitism.2474These agreements involve commitments to update discrimination policies,2475provide better training, conduct assessments, and establish reporting2476mechanisms, outlining demonstrable limits on protests and consistently2477enforce those limits. They illustrate how civil rights frameworks can2478be applied without undermining free speech by enforcing reasonable2479restrictions (including time, place, manner restrictions) on2480expression, regardless of content. In contrast, we now see a financial2481sledgehammer approach that threatens to undermine higher education2482institutions that have not adequately addressed antisemitism.24832484    Third, the decision to gut the Department of Education and its OCR2485office is truly counterproductive for effectively countering2486antisemitism on campuses. To dismantle the system which has allowed for2487Jewish students to report instances of antisemitism highlights the2488Administration's misguided approach to addressing what we have2489witnessed on college campuses. There must be significantly greater2490resources provided to government agencies to allow them to investigate2491all forms of discrimination and hate crimes including antisemitism. It2492is far better that these cases be addressed by people with educational2493knowledge and experience, and not simply by law enforcement. The2494decision to fire hundreds of experienced employees from the Department2495of Education's Office of Civil Rights who know how universities2496function, what their needs are, and how to effect change--to fire the2497very employees who are tasked with investigating and enforcing civil2498rights law on campus--has decimated one of the few channels available2499for students to take action and report their experiences, especially in2500the context of unreceptive university leadership.25012502    Truly addressing antisemitism, as the original version of the2503Countering Antisemitism Act sought to do (in contrast to the mostly2504symbolic Antisemitism Awareness Act), required significantly expanding2505funding to strengthen more responsive reporting mechanisms and to bring2506on significantly more investigatory staff to engage more expeditiously2507in investigations of every complaint about antisemitism they receive,2508as well as addressing similar discriminatory occurrences against other2509protected groups. This would allow for the resolution of such2510complaints constructively with universities--not by defunding critical2511institutions or suppressing speech.25122513    I am confident that every one of you here, across political lines,2514shares my heartbreak that antisemitism has spread so rapidly over the2515past few years in the U.S., Europe, and across the globe. I am2516confident that every one of you here shares my heartbreak that2517antisemitism has spread so rapidly over the past 6 years in the U.S.2518And I am confident that there is no partisan divide when it comes to2519recognizing almost all forms of antisemitism: murders of Jews at2520worship, assaults, desecrations of synagogues and cemeteries, bullying,2521harassment, discrimination and ostracization of Jews from any area of2522public life. I am confident that you believe as well that every2523vulnerable and marginalized group is entitled to the exact same2524protections.25252526    It is because of our concerns for and about Israel, which is both a2527political state that should be judged and held to the same standard as2528every other democracy (one of the requirements I would note of the IHRA2529definition's examples), and an expression of national identity to a2530group with a distinctive religious identity--that we see sharp2531differences in how to balance legitimate criticism of Israel with the2532protections afforded to every religious group.25332534    The Administration's actions such as the detention and planned2535deportation of Muhammed Khalil gravely damage fundamental due process2536rights that help make anti-terrorism laws effective and viable, not2537weaker. I may be deeply opposed to Muhammed Khalil's views and actions.2538You may find them anathematic. The Administration may well be genuinely2539appalled. But advocating positions, even positions you might find2540reprehensible, is not a crime.25412542    The Administration is rounding up people with no evidence of crimes2543or even of violating the standard of damage to foreign policy and2544national security they have cited. In doing so they attack the very2545values and legal protections that have protected Jewish communities2546throughout American history. Antisemitism--the hatred of Jews as Jews--2547thrives in authoritarian environments where civil liberties are2548curtailed, not in spaces of robust, protected democratic discourse.2549Jews have been safest in pluralistic democracies and most at risk when2550those democracies have been weakened or abandoned as with Nazi Germany.2551We must balance protecting every Americans' right to live free from2552discrimination and harassment with the bedrock principles of free2553speech. Unfortunately, we continue to see an overemphasis on punitive2554measures rather than on educational and community building approaches2555that can prevent antisemitic incidents from occurring in the first2556place.25572558    Far too much time is spent on how to punish someone who expresses2559antisemitic ideas or engages in antisemitic acts. We need more time2560spent on preventing these instances from occurring in the first place,2561and creating constructive responses that will bring greater2562understanding and solidarity against such incidents when they take2563place.25642565    In past hearings there has been much debate about how to draw the2566line between criticism of Israel and Israel's policies--even harsh2567criticism, unfair criticism, and offensive criticism-and when such2568criticism crosses the line into antisemitism. And I want to explore how2569the debate over IHRA and other definitions intersects with this line2570drawing. But before I do, we should recognize that practically2571speaking, a number of universities and others have revised policy2572guidance to accommodate the impact of incidents we are seeing in which2573protests against Israeli government policy or actions has targeted Jews2574because of their identity.25752576    A broad swath of the Jewish community and other important leaders2577are rallying behind some clear recommendations of what can be done on2578college campuses to effectively address antisemitism that will minimize2579division and offer common ground between those holding different2580positions on American politics in general and on Israel and Israel's2581policies.25822583    Let me start with recommendations:25842585    Several years ago, a broad range of major Jewish organizations--2586American Jewish Congress, Anti-Defamation League, Hebrew Immigrant Aid2587Society, National Council of Jewish Women, Rabbinical Assembly, and2588World Jewish Congress together representing the vast majority of2589affiliated American Jews--all supported the IHRA definition as an2590effective educational, training and monitoring tool--as I should say I2591did when I served as the U.S. Ambassador for International Religious2592Freedom and urged it as the standard for nations across the globe, who2593had little experience in confronting growing antisemitism to follow.2594These organizations came up with six core recommendations of how2595Congress, the Administration, and other entities could effectively2596respond to the crisis of antisemitism. The sixth recommendation was to2597affirm IHRA as it was intended--not as a legal standard but a valuable2598tool in the education and training of government officials, law2599enforcement, and institutional civic leaders on how to identify2600antisemitism. All opposed it as a formal legal standard. Indeed, the2601organizations, when adopting the definition made it absolutely clear2602this should not be codified as a legal standard. The battles over its2603adoption have proven to be a major distraction from all the other steps2604that must be taken if we are to be effective--exactly the concern that2605led all these organizations to send this letter to Congress and the2606Administration.26072608    The statement lays out additional urgent priorities including:26092610          Improved reporting (in which the IHRA definition2611        plays a particularly important role), making it more2612        comprehensive and consistent at the local, state and Federal2613        levels;26142615          Stronger government/private sector partnerships aimed2616        at enhancing Jewish communal security--for our vulnerable2617        religious, civic, and communal institutions;26182619          Expanded support for strong Holocaust education and2620        anti-bias education (this has to start in pre-university2621        education, but it includes such efforts on the university2622        campuses);26232624          Urging social media platforms to curb antisemitism,2625        Holocaust denial, and harassment (which today has much weaker2626        constraints than when we wrote that letter); and26272628          Continued, vigorous efforts in identifying2629        antisemitism (again, in which the IHRA definition can play a2630        constructive role) and enforcing existing education, anti-2631        discrimination, and hate crimes laws.26322633    The full letter with numerous recommendations on behalf of these2634major diverse Jewish organizations is attached in the appendix.26352636    Almost all of our recommendations were fully realized in the last2637Administration's National Strategy on Countering Antisemitism.2638Bipartisan embrace is merited for this national strategy with its very2639specific steps to be taken (and with later detailed reports from every2640single agency of the executive branch of what actually was2641implemented). Never before in 2500 years of Jewish Diaspora life had2642there been a whole of government, a whole of society response to2643protect the Jews of that nation. Never. That it too became a partisan2644weapon is truly a shanda as the Yiddish phrase goes--a shameful2645scandal.26462647    I would add to these a number of other recommendations especially2648aimed at university settings. One goal I have, as I hear from rabbis,2649parents and students, on some campuses, of how fearful Jewish students2650are of being harassed and discriminated against, is to ensure that2651Jewish students feel safe on campus. But feeling safe from threats,2652harassment, or discrimination does not inoculate students from hearing2653speech (whether in protests or elsewhere) that they may find deeply2654offensive. Toward those ends:26552656          Universities must promote clear standards as to what2657        is protected speech and what steps over the line of what the2658        university's rules permit. These standards should both bar2659        verbal harassment, specific threats, intimidation, and2660        incitement for violent action, even while affirming academic2661        freedom and freedom of speech for individuals and groups and2662        eschewing punishment as a response to the expression of2663        political content--even deeply offensive political speech--that2664        is devoid of the factors I listed.26652666          For how protests are allowed and what limits are2667        imposed when the protests interfere with others' access to2668        their educational classes or activities or involve the kind of2669        speech barred above.26702671          Standards must be publicly transparent and2672        consistently enforced.26732674          Safe spaces for difficult conversations must be2675        created in both academic settings and programmatic settings on2676        campus.26772678          As Prof. David Myers of UCLA recently explained,2679        universities should support academically rigorous courses2680        teaching about the Middle East. This may include courses that2681        focus on different aspects in ways that evoke criticism and2682        concern. But if it meets academic standards, it should be2683        allowed. Obviously presenting courses in which different2684        perspectives are shared not only provides a richer educational2685        experience, but allows the university to model a sense of2686        commitment to academic freedom, free speech, and respectful2687        debates over differences, expressing a spirit of unity and2688        cooperation.26892690          Universities should support courses on campus that2691        examine the history of Zionism and Palestinian nationalism not2692        in total isolation, but rather as contiguous and overlapping2693        phenomena.26942695          An advancement of educational initiatives that2696        promote understanding of antisemitism's historical2697        manifestations and contemporary forms across the political2698        spectrum.26992700          There should be content moderation on online2701        platforms both as to what is posted, and under what2702        circumstances there would be consequences for posting content2703        that violates university policy.27042705    A general point on responding to violations of university speech2706and protest codes: University responses do not necessarily need to be2707legal punishments such as expulsion or arrest. Indeed, calling the2708police should be a last resort, not a first resort of universities,2709particularly where overt violence is not involved. When someone steps2710over the line of antisemitic speech out of ignorance, education may be2711the proper response. When it is a first offense as opposed to2712consistent speech or activity, counseling or mediation may be a2713constructive approach that brings campuses together rather than divides2714them. When that fails, then disciplinary steps or legal consequences2715should follow.27162717    However, even when hateful, divisive speech is protected,2718universities should make a decision when to speak out critically of2719such occurrences and when it should act in solidarity with those2720vulnerable and marginalized individuals and groups which were targeted.2721                Understanding the Purpose of Definitions2722    We know antisemitism today can arise from numerous sources:2723Primarily, three at this moment in history: the radical populist right2724in varied countries across the globe. These groups, including the white2725Christian nationalist right, are the source of much of the violent hate2726in America including antisemitic violence. Second, are Islamist groups,2727often related to Israel, sometimes not. And finally, left-oriented2728criticism usually connected with Israel, felt in some progressive2729political and advocacy circles, on some college campuses, and in a2730number of European countries--all greatly intensified after Oct 7th.2731All remain serious threats.27322733    Those from the left and from Muslim, Arab, and Palestinian sources2734are in good measure focused on the relation of Jews with Israel, the2735Israeli-Palestinian conflict, and the intense reactions, as I noted2736earlier, to the brutal massacre of Oct 7th, the resulting hostage2737crisis, and the devastation that has been inflicted against the people2738of Gaza by a combination of Israel's military onslaught and Hamas' use2739of its civilian population as human shields for its military2740infrastructure.27412742    There is an intense discussion today among those engaged in2743fighting antisemitism as to what is the proper definition of2744antisemitism. Right now, three variants are receiving a lot of2745attention, analysis, and debate, albeit there are other such efforts2746proposed by academics, organizations, and experts of all kinds. Listen2747to the three major ones, and please listen for what they all have in2748common in the protection of Jews, as Jews. They are virtually2749interchangeable.27502751    There is the well accepted definition of the International2752Holocaust Remembrance Alliance definition:27532754        Antisemitism is a certain perception of Jews, which may be2755        expressed as hatred toward Jews. Rhetorical and physical2756        manifestations of antisemitism are directed toward Jewish or2757        non-Jewish individuals and/or their property, toward Jewish2758        community institutions and religious facilities.'' [Just to2759        explain, the reference to non-Jewish individuals refers to2760        those who were targeted with antisemitism by perpetrators who2761        erroneously thought the non-Jews were Jews.27622763    This definition, which calls itself a ``non-legally binding2764definition'' is, of course, widely accepted cumulatively by hundreds of2765nations, localities, corporations, and some universities, although the2766rate of universities adopting IHRA has fallen significantly with only a2767handful in the last 2 years.27682769    Second, is the Nexus definition, a project first of a USC2770taskforce, which has now moved to Bard College. I should acknowledge it2771is an enterprise with which I am associated. Its authors and2772promulgators have emphasized that it is not intended to be an2773alternative to IHRA, but a complement or supplement. The definitions2774are not all that different, but they would argue that their examples2775are more up to date and useful in clarifying where to draw lines2776between criticism of Israel that is not antisemitic and that which is.2777The NEXUS materials are included in the appendix.27782779    The definition reads:27802781        Antisemitism consists of anti-Jewish beliefs, attitudes,2782        actions or systemic conditions. It includes negative beliefs2783        and feelings about Jews, hostile behavior directed against Jews2784        (because they are Jews), and conditions that discriminate2785        against Jews and significantly impede their ability to2786        participate as equals in political, religious, cultural,2787        economic, or social life.27882789    Third, is the Jerusalem Declaration on Antisemitism definition,2790which is even shorter:27912792        Antisemitism is discrimination, prejudice, hostility or2793        violence against Jews as Jews (or Jewish institutions as2794        Jewish).27952796    Add to that the concise descriptions of antisemitism that parallel2797these definitions such as the SPLC's description of antisemitism,2798T'ruah's in its ``Guide to Combating Antisemitism'' (T'ruah is a2799national rabbinic social justice group), and even the U.S. National2800Strategy itself, which does not offer examples, but which reads:28012802        Antisemitism is a stereotypical and negative perception of2803        Jews, which may be expressed as hatred of Jews. It is2804        prejudice, bias, hostility, discrimination, or violence against2805        Jews for being Jews or Jewish institutions or property for2806        being Jewish or perceived as Jewish. Antisemitism can manifest2807        as a form of racial, religious, national origin, and/or ethnic2808        discrimination, bias, or hatred; or, a combination thereof.2809        However, antisemitism is not simply a form of prejudice or2810        hate. It is also a pernicious conspiracy theory that often2811        features myths about Jewish power and control.28122813    It is not the definitions that are the major differences; they are2814virtually interchangeable. It is in the line drawn as manifested in2815their examples of how the definitions themselves ought to be applied to2816real-life situations.28172818    Why is a debate over definitions important: on the one hand, an2819answer is ``how do you fight antisemitism, how do you take legal action2820against antisemitism, if we can't identify what it is?'' Wouldn't it be2821extremely helpful in our battle against antisemitism, if everyone had a2822common understanding of what antisemitism is?28232824    That was one of the goals when I was at the State Department and we2825decided--and I strongly supported--to endorse IHRA as the international2826standard we would push globally. To countries with little or no2827understanding of antisemitism, and others with inconsistent standards,2828it was indeed helpful to have them adopt a definition to recognize2829antisemitism when it arose in their nations. I would point out that2830none of the countries adopted it as a legal standard, but rather used2831it as intended--as an educational, training, and monitoring tool.28322833    It is hard to think of any country in which IHRA was used as the2834standard underlying legal action, and when the UK tried to force2835universities to accept and use it, it evoked a divisive firestorm. We2836must remember that at the time it was drafted, IHRA was the only2837definition, forged for the European context, particularly in the2838context of the Second Intifada and the intense controversies2839surrounding antisemitism, Jews, and Israel that erupted at the 20012840World Conference Against Racism held in Durban. IHRA guidance was2841helpful in thinking through these new expressions of antisemitism.28422843    On the other hand, critics argue, it was crafted 20 years ago and2844the world has changed, leaving its examples outdated, and vague enough2845with IHRA's caveat that their application had to be applied in context,2846without much guidance on what that meant. Further, critics argue, they2847are outdated or seen differently today as to whether they actually are2848``good examples'' or ``flawed examples'' of antisemitism. (This is2849precisely why neither IHRA nor any other definitions ought to be2850codified as law, rather than as an educational, training, and2851monitoring tool they were all intended to be.)28522853    Among the most criticized of the IHRA examples are:28542855          Denying the Jewish people their right to self-2856        determination, e.g., by claiming that the existence of a State2857        of Israel is a racist endeavor.28582859          Applying double standards by requiring of it a2860        behavior not expected or demanded of any other democratic2861        nation.28622863          Drawing comparisons of contemporary Israeli policy to2864        that of the Nazis.28652866    I'll touch on the other two later, but just for a moment, let's2867focus on the double standard example.28682869    The problem is the ambiguity of the phrase ``double standard''. If2870what that is saying is that if you would treat Israel by different2871standards than you would another country if you were addressing the2872same problems in that other country, then I agree that crosses the2873line. But the wording ``expected or demanded'' has led to an alarming2874misuse of the definition, leading to accusations that people or2875organizations that criticize Israel alone or Israel more than other2876nations that do much worse things, are antisemitic. But clearly, there2877are many reasons an individual or group would focus or address only a2878single country or a single conflict. Many Jews may be Zionists focusing2879on Israel in ways we don't focus on other nations, condemning Hamas but2880not Boko Haram, which kills many more people through terrorist attacks2881than Hamas. So too American Palestinians have a right to focus on the2882suffering of the Palestinians in Gaza even if they do not comment on2883the humanitarian crisis in Sudan with far more people displaced and2884facing starvation than in Gaza. Or someone may feel we give billions to2885Israel that we don't give to other countries, and thus we are2886implicated in Israel's actions if we feel they are immoral and feel2887compelled to speak out in a way we don't regarding other nations. Or a2888Christian or Muslim may feel the Holy Land is precious to billions of2889people across the globe--again, justifying focusing on Israel more than2890other countries.28912892    On the other hand, the standards for Israel to be measured by2893international law must be the same as those that would apply to others2894when they are evaluated. So those entities like the U.N. Human Rights2895Council in Geneva or Human Rights Watch, or Amnesty International, who2896are charged to assess human rights abuses everywhere should treat every2897country and all similar abuses equally. The fact that the U.N. Human2898Rights Council often has a majority of their resolutions in a given2899year condemning Israel, while there are horrible oppressions across the2900globe that get scant attention in comparison is clearly an example of a2901double standard that does cross the line into antisemitism. The2902examples used by those propagating other definitions do a better job in2903making such distinctions. But the imprecision of the double standard2904provision of IHRA has been used by diverse parties to affirm almost all2905of these variant positions.29062907    The three biggest objections to the adoption of IHRA, is first, it2908was never intended as a legal standard to determine antisemitism, but2909rather a tool for training and education as a ``non-legally binding''2910standard. But in states, localities, corporations, and universities, it2911is often presented as being the standard that will have the force of2912law and enforcement. Some of the groups that oppose its codification2913turn a blind eye to efforts to adopt it when it is used as the legal2914standard.29152916    Since all of IHRA's examples address speech, it has been accused of2917being used to stifle freedom of speech and freedom to protest, and to2918interfere with academic freedom.29192920    Universities are caught in a dilemma. On the one hand, they are2921committed to ``free speech'' and ``academic freedom'' for all,2922including faculty. On the other hand, they have an obligation to2923``protect students'' and provide them ``a safe environment.'' What2924those terms mean and how to balance them when they collide is the2925vexing challenge every university faces and adopting IHRA is, on the2926face of it, neither a particular help nor detriment--albeit outside2927forces may launch complaints citing IHRA in ways that do significantly2928threaten the free speech side of that balancing act.29292930    Further, critics say: we don't hear debates on ``definitions'' of2931racism, misogyny, anti-Asian hate, or LGBTQ+ hate. One reason2932universities fear adopting IHRA is that soon other constituencies will2933be pushing for definitions of the racism targeting them, bringing with2934it all the intense divisive battles over those definitions, their2935examples, and their implementation that have raged over IHRA. Like it2936or not, the issue of definitions and IHRA is emotionally charged,2937thoroughly unresolved, and divisive within a number of stakeholder2938communities, and even within the Jewish community. How does it bring a2939university together, how does adopting such a contentious position then2940help bring the university community together to oppose antisemitism.29412942    Finally, imagine everyone adopted it, what really would the2943difference be? Consider: Very few of the most controversial2944manifestations of antisemitism in America, Kanye West, Tree of Life,2945desecration of synagogues, attacks on Jews on the streets for wearing2946yarmulkes, or an attack on Jews at a restaurant for being supporters of2947Israel--how often do we ever hear IHRA mentioned by anyone as being2948needed to identify that these were antisemitic acts, or when has it2949ever been needed in the prosecution, prevention, and communal responses2950to such occurrences?29512952    Hate, even hate aimed at a protected class, is, of course, not a2953crime. Harassment, stalking, overt threats, vandalism, assaults, or2954discrimination against a protected class including Jews under many2955laws, incitement to imminent violence--may well be crimes. Of course,2956neither IHRA nor any definition is relevant to establishing whether2957such a crime has been committed. And there are very few, if any, cases2958where prosecutors or judges in considering antisemitism in the2959sentencing phase have ever felt they needed to evaluate whether the2960hate met the standards of the IHRA definition to determine it was a2961hate crime.29622963    This is a diversion from the real work that needs to be done.2964   Antisemitism on the Left: Drawing Lines on BDS, Anti-Zionism, and2965                               Apartheid2966    Let me then turn to the challenges of antisemitism from the left.2967Antisemitism from the left also has a long history. Marx and other2968influential early communists were intensely pejorative about Jews and/2969or Judaism. And just consider the treatment of Jews in communist2970countries, most particularly in the efforts of cultural genocide2971against Jews in the USSR, as reflected in the response of the2972international campaign for the freedom of Soviet Jewry and the use of2973laws like Jackson-Vanik to address some manifestations of Soviet2974repression that disproportionately affected Jews.29752976    Today, efforts to prevent Jews, Jews who support Israel, or Jews2977who identify as Zionist from participating in progressive or broader2978social justice coalitions, or efforts to create litmus tests of2979disavowing Israel in order to participate in a range of activities,2980have been seen beyond college campuses. From the environmental group2981Sunrise's DC chapter efforts to prevent Jewish supporters of Israel2982from participating in a protest for DC statehood; to the attacks2983against Jews during an earlier Israel-Gaza conflict by pro-Palestinian2984supporters at restaurants in New York City and Los Angeles, on the2985streets in several cities. So too the controversy over the alarming2986British Labor Party's antisemitism, which lost significant support and2987ended Jeremy Corbin's leadership role. Incidents of harassment of Jews2988on campuses during so-called anti-Israel apartheid protests and at pro-2989Israel programs have all intensified after Oct 7th and Israel's2990military response in Gaza.29912992    Let me address the question of when criticism of Israel steps over2993the line into antisemitism, and how we respond to antisemitism when it2994is merged with criticism of Israel's policies--most notably the2995explosion of antisemitism following October 7th.29962997    I do so with one important caveat: We must remember that students2998can be subject to intimidation or harassment regardless of the content2999of the speech targeting them.30003001    I would suspect that there is unanimity among the Committees'3002Members that Israel striking back at Hamas after the brutal attacks of3003Oct 7th--the 1200 murders, the 3,000 injured, the sexual violence, the3004hostage taking--Israel's right to respond militarily against Hamas is3005almost the classic definition of a ``just war.'' But just war requires3006not only a ``just cause'' but requires prosecuting it through ``just3007means''--in most religious traditions and under international law. And3008there are profound differences among you on this Committee, among3009American society writ large, among American Jewry, and on every campus3010in America, as to whether Israel's strategy, tactics, and actions of3011fighting this war are to be viewed as meeting the criteria of just3012means. And we have no consensus on when criticism of Israel's policies3013crosses the line into antisemitism. All this makes this moment in3014history even more painful, more challenging, more complicated, and more3015alarming.30163017    Where should lines be drawn as to when criticism of Israel is3018judged on its merits as being right or wrong, fair or unfair, wise or3019wrong-headed. Constructive or counter-productive--and when does it3020cross over the line to become antisemitic?30213022    Three issues are among the most widely debated on this point. Is3023advocating for BDS (boycott, divestment and sanctions) against Israel3024always antisemitic? Is using the term ``apartheid'' as related to3025Israel always antisemitic? Is anti-Zionism or condemning Zionism and/or3026Zionists as racist or declaring oneself to be an anti-Zionist3027inherently constitute antisemitism?30283029    There are some Jewish leaders who say anyone who says they are an3030anti-Zionist is inherently an antisemite. First, people often use the3031term Zionist differently. If you use it to say that Zionism is the3032national identity of Jewish people in its historic homeland, and you3033deny the right of the Jewish people to hold such an identity, that3034crosses the line for many of us, into antisemitism. But should debates3035over if and how that right can be actualized, in which many argue that3036right must be balanced against Palestinian nationalism rights3037inherently antisemitic? I think not. And if someone uses the term as a3038substitute for Israeli policies and says, ``I am an anti-Zionist3039because of Zionism's justification for the occupation and the3040oppression of the Palestinian people,'' is that antisemitic?30413042    The use of the term Zionism altogether? Underlying a lot of3043sensible line drawing will be the assertion that criticism steps over3044the line when it (a) Delegitimizes Jewish national identity i.e.3045denying the inherent legitimacy of the Jewish people's right to its30463,000 year old national identity in their historic homeland, or (b)3047uses terms like ``Zionism'' or ``Zionist'' (or ``Israeli'' for that3048matter) as a substitute for ``Jews'' and then evokes the myths,3049stereotypes and caricatures that have been at the heart of classic3050antisemitism. So if someone says Zionists or Israelis are engaged in a3051global conspiracy to control the finances of the world or that they3052created the COVID virus to make money--they are using Zionist or3053Israeli as a synonym for Jews, and it is a form of antisemitism.30543055    What about apartheid? If someone says: ``Israel (or for that matter3056Zionism) is like Apartheid South Africa (or like Nazi Germany), i.e.,3057it is an inherently evil undertaking that has no right to exist'', in3058that form, I believe such assertions cross the line into antisemitism.3059But if someone warns, as former Prime Ministers of Israel have done, if3060Israel maintains the occupation until the non-Jewish populations are3061larger than the Jewish population and still deny them the right to3062determine their destiny, then it will become an apartheid state. Is3063that antisemitic? Or if someone says a specific policy of Israel in the3064West Bank is an apartheid policy (two separate sets of laws on the West3065Bank--one for Jews and one for non-Jews), is that antisemitic? What if3066they say it is like the Nazi policies of 1933-34. Or when Amnesty3067International or Human Rights Watch both concluded that Israel's3068treatment of Palestinians violates the International Convention Against3069Apartheid, but make clear they are NOT comparing Israel to Apartheid3070South Africa. For those of us who think that assessment is wrong--or if3071you think it right--is that antisemitic? My organization, the Union of3072Reform Judaism, criticized both and explained why. Further, we warned3073that this would embolden antisemites and be used to spread antisemitic3074language and acts, but we did not conclude that the organizations or3075the reports were, on the face of it, antisemitic. And what of Ben3076Pogrund, a famous anti-apartheid activist in South Africa, who made3077aliyah and spent decades knowledgeably rebutting accusations of3078apartheid against Israel, showing the significant difference between3079the two legal and social systems, and treatment of the ``other''? But3080he now says that this extreme right-wing government, in its policies3081and in turning a blind eye to growing settler violence, has reached a3082point where the comparison of the West Bank has some validity and is3083debatable--is he now an antisemite?30843085    What of BDS? The international BDS movement has said things that3086are widely perceived to be calling for ending Israel's existence. That3087to me crosses a line into antisemitism. But are the rabbis deeply3088opposed to the occupation who boycott wine produced in the territories3089antisemitic? Is Ben and Jerry's, which withdrew its business from the3090territories antisemitic? Protestant denominations that would boycott3091companies that sell Israel equipment used to maintain the occupation of3092the West Bank? Antisemites? Or any who say they won't buy products3093produced by settlements on the West Bank? Antisemites? Or even those3094who say they will boycott Israel entirely to pressure it to end the3095occupation--are such policies inherently antisemitic?30963097    There is certainly nothing inherently racist or antisemitic or evil3098about boycotts, divestments, and sanctions per se. Jews and our allies3099have used them widely over the years within America and across the3100globe, and continue so today to pressure countries whose actions,3101words, or policies may be anathema to us such as Iran and Russia. Why3102do people who are pro-Palestinian not have the right to engage in3103economic pressure on Israel to change its policies? I may believe their3104justification is wrong-headed, I may believe this action is utterly3105counterproductive for what they are trying to accomplish, but is it on3106the face of it ``antisemitic''?31073108    Sec. Pompeo, you will remember, solicited an internal memo,3109threatening to declare Amnesty International, Human Rights Watch, and3110OXFAM as supporting BDS and therefore antisemitic under the IHRA3111definition (which, by the way, IHRA examples do not mention), with the3112presumption of cutting them off from partnering with the State3113Department. But if we want to keep the anti-antisemitism tent as large3114as possible, we should be cautious about writing out of it millions3115who, while not challenging Israel's right to exist, might engage in3116some of those hypotheticals above toward the goal of seeking a non-3117violent way to protest Israeli policies--even when they would condemn3118and seek to counter vigorously the vast majority of antisemitic acts in3119America.31203121    Two final aspects of what an effective response to antisemitism in3122America requires on which you can make the most significant difference.31233124    You cannot worry about anti-Semitism in America without worrying3125about educational standards in America. Studies show that racist,3126antisemitic attitudes correlate with levels of education. The higher3127the level of education, the lower the likelihood a person will hold3128racist and anti-Semitic views. We are focused on higher education and3129we know it is not an inoculation to prejudice, particularly the3130politicized forms of antisemitism that debates over Israel engender.3131But among the 340 million Americans it holds: the higher the levels of3132education, the less likely to hold any kind of prejudicial attitudes3133based on race or other immutable characteristics as well as religious3134identity.31353136    If we want in the long run to prevail in the goal of this hearing3137we must preserve and strengthen the public school system of America--3138with 83 percent of our students, as well as a sizable proportion of3139Jewish students attending. If the public school system of America3140doesn't make it, then neither will America nor the Jewish community.3141Addressing the rescue of public education in America must remain a3142priority of our community, particularly at a time when teachers and3143principals are feeling under serious attack.31443145    Second, what has been so extraordinary is how the religious and3146civic communities of America have arisen to come together after racist,3147antisemitic, Islamophobia tragedies have occurred: Muslims cleaning up3148desecrated Jewish cemeteries in St. Louis and Philadelphia; the3149president of a McClellan Texas synagogue and the pastor of a near-by3150church handing sets of keys to the imam of a mosque that had been burnt3151to the ground for as long as they needed it; cleaning up graffiti3152together and repairing vandalism; the entire community around Tree of3153Life and Mother Emmanuel and so many other places standing in3154solidarity with those so tragically victimized. Working in broad-based3155interfaith and intergroup coalitions is a hallmark of America--often3156working together to delegitimize hate acts and hate speech. Indeed, it3157is encouraging to note that we live at a moment when there is more3158interfaith engagement, comity and cooperation in America and globally3159than we have ever seen in human history. And when people come together3160across political, religious, cultural lines to build together a better3161America for all, they are modeling the very kind of America we hope to3162create. And, we look to all our political, religious, cultural and3163civic leaders to help in achieving this.31643165    As Rabbi Stacy Friedman observed: It is our compassion and our3166common humanity that define us. It is the way people have united as3167allies and partners in standing up against such hatred that defines us.3168It is the support so many have shown one another after each attack that3169ultimately defines us. It is the love and the tears we have shed for3170one another at our vigils. That is what defines us.31713172    May that indeed be the goal, the outcome, the blessing of your3173deliberations on this issue as you move forward to address antisemitism3174and hate in our universities and everywhere in our Nation.3175                               APPENDIX:3176    A Campus Guide To Identifying Antisemitism In A Time Of Perplexity,3177The Nexus Project, September 202431783179    Guide to Identifying Antisemitism in Debates About Israel, The3180Nexus Project, 202231813182    The URJ and CCAR Join Other National Jewish Organizations in3183Sending Recommendations to Administration and Congress on Urgent Steps3184to Take to Combat Antisemitism, Union of Reform Judaism, January 20213185                                 ______31863187             [summary statement of rabbi david saperstein]3188          The effort to combat antisemitism must be fully3189        integrated with the effort to counter hate speech,3190        discriminatory treatment, and hate crimes targeting other3191        individuals and groups on the basis of immutable3192        characteristics or core identity.31933194          Such hate speech and hate crimes are intended to tear3195        at the frayed threads that bind our Nation together, seeking to3196        undermine the comity and unity of Americans. Our responses to3197        such divisive efforts must not add to those divisions, but3198        instead seek reconciliation, comity, greater understanding, and3199        efforts to change hate to understanding and friendship.32003201          Three factors--the rule of law at the heart of our3202        democracy and our constitutional system of government, the3203        separation of church and state, and our educational system of3204        public schools and of higher educational opportunities--have3205        all have been central to creating a nation offering Jews more3206        rights, opportunities, freedom and achievement than Jews have3207        ever known in Diaspora life.32083209          Several recent actions, including dismantling the3210        Department of Education's Office of Civil Rights, acting3211        punitively against participants in protests involving protected3212        speech without due process, and imposing damaging financial3213        penalties on higher education, have undercut all three of the3214        pillars that helped make America special for its Jewish3215        citizens and Jewish refugees seeking safety and shelter fleeing3216        antisemitism in other lands. The Administration should build3217        on, not abandon, successful approaches, such as:32183219                Y  Improving reporting making it more comprehensive and3220                consistent at the local, state and Federal levels;32213222                Y  Strengthening resources for security of our3223                religious and communal institutions;32243225                Y  Expanding support for strong Holocaust education and3226                anti-bias education;32273228                Y  Urging social media platforms to curb antisemitism3229                and Holocaust denial; and32303231                Y  Continuing vigorous efforts in identifying3232                antisemitism and enforcing existing education, anti-3233                discrimination, and hate crimes laws.32343235          IHRA plays an important role in education, training,3236        and monitoring in regard to antisemitism, but it is 20 years3237        old, was written for a non-U.S. setting, and several of its3238        examples are ambiguous and have been misconstrued by some3239        advocates--creating controversy and divisiveness. Other3240        definitions like Nexus's and the National Strategy's should be3241        used as constructive complements to the use of IHRA.32423243          There is unity across political and ideological lines3244        on what constitute antisemitic speech and action in most3245        regards, but much less clarity in determining where the line3246        should be drawn between substantive criticism of Israel's3247        policies and actions, and such criticism that steps over the3248        line to antisemitism.32493250          We must remember that students can be subject to3251        intimidation or harassment regardless of the content of the3252        speech targeting them.32533254          In the case of those who claim to be anti-Zionists,3255        those who accuse Israel of being an apartheid state, or those3256        who support BDS against Israeli settlements or against Israel3257        to halt the occupation, the key test is when any of those are3258        an effort to deny the legitimacy of Jewish nationalism, to3259        challenge Israel's right to exist, or to deny the Jewish people3260        to express their national identity in their 3,200 year old3261        historic homeland.3262                                 ______32633264    The Chairman. Thank you. Senator Sanders, again.32653266    Senator Sanders. Thank you. Our final witness is Mr.3267Kenneth Stern, the Director of the Bard Center for the Study of3268Hate. Mr. Stern was also the lead drafter of the IHRA, IHRA3269definition of Antisemitism, which he has vocally opposed3270codifying into law for purposes of enforcement. Mr. Stern,3271thank you very much for being with us.32723273 STATEMENT OF KENNETH S. STERN, DIRECTOR, BARD CENTER FOR THE3274                  STUDY OF HATE, BROOKLYN, NY32753276    Mr. Stern. Thank you, Chairman Cassidy, Ranking Member3277Sanders and the other honorable Members of the Committee. I am3278Kenneth Stern. I do direct the Bard Center for the Study of3279Hate, and I also worked at the American Jewish Committee for 253280years where I directed the division on Antisemitism and was the3281lead drafter of the text that is now known as the IHRA3282definition of Antisemitism.32833284    Let me emphasize five points. First, students, including3285Jewish students, have a right not to be victims of true3286threats, harassment, intimidation, bullying, discrimination,3287let alone assault. However, they should expect to hear ideas3288that cut them to their core. Attempts to affect the campus that3289aren't grounded in protection of free speech and academic3290freedom are not likely to work.32913292    Anything that smacks of a hate speech code will backfire.3293Recent threats against funding without a full investigation and3294an opportunity to be heard are not only likely illegal but3295horrible policy. Arresting students should be a last resort,3296not a first impulse, especially for technical violation of3297rules.32983299    The campus environment can be improved with programs and3300courses, but if we bludgeon the campus into submission, we risk3301destroying an institution which has made America the envy of3302the world. In 2020, I wrote a book entitled, The Conflict Over3303the Conflict, The Israel-Palestine Campus Debate. I worried3304then and am more worried now that the campus tensions over this3305issue threaten higher education as each side tries to silence3306the other.33073308    Pro-Palestinian activists sometimes use a heckler's veto,3309promote academic boycotts, and sometimes exclude Zionists from3310social spaces, which is almost always McCarthian and sometimes3311clearly Antisemitic. But I am more worried about the use of law3312to silence pro-Palestinian speech. When the Antisemitism3313Awareness Act passed the Senate in 2016, proponent cited the3314suspension of a professor for an alleged anti-gay blog post,3315and the stopping of the film, American Snipers, anti-Muslim.33163317    They were saying violate free speech and academic freedom3318for us too, a message I find deeply troubling. There are church3319state implications here too. Some House Members said adopting3320it would be a Congressional declaration that the gospels were3321Antisemitic. Some have suggested that one example from the3322definition be dropped. The others are no less protected speech.3323In the case of SJP v. Abbott, where IHRA had been mandated in3324Texas University policies, the judge found it was illegal3325viewpoint discrimination and chilling. In Germany, the3326definition was adopted and applied to label Jews protesting the3327war in Gaza, Antisemites. One person said, ``once again,3328Germany defines who is a Jew, right?''33293330    That the German state would actually classify what is a3331legitimate Jewish position as beneath contempt. Most Jews are3332Zionists, as am I, but for many whom--for whom Judaism teaches3333about repairing the world and treating the stranger leads them3334to anti-Zionism. Congress shouldn't decide this internal3335religious conflict.33363337    A recent court decision involving Haverford College3338rejected a claim that since Zionism was essential to Jewish3339identity, no religious issue was presented, calling it3340disingenuous. Recently, Harvard settled an Antisemitism case3341agreeing to use IHRA, but OCR settled two related complaints,3342one alleging Antisemitism and one anti-Palestinian anonymous3343with George Washington University.33443345    GW wasn't required to use IHRA but imagine if the GW facts3346had taken place at Harvard, and the settlement required using3347IHRA and the definition of anti-Palestinian racism. Would a3348professor who tweeted about Israeli sovereignty over Judea and3349Samaria be open to a Title VI case if they gave a Palestinian3350student a bad grade? Can each side be affected by calling for3351exclusive control from the river to the sea? How could you use3352one without violating the other?33533354    Then there is the arrested green card holder Mahmud Khalil,3355because he distributed ``pro Hamas propaganda.'' Seriously? Are3356we that weak that our national security and foreign policy is3357threatened by a former student allegedly distributing a3358leaflet? We are America, not Russia or Iran. There are things3359we can do, one of which is to increase funding for OCR so the3360backlog of cases can be resolved. On campuses there are3361courses, initiatives, and even an AI program called Sway that3362pair students in discussions of contentious topics like Israel3363and Palestine.33643365    No raised voices, no eye rolls, just texts back and forth,3366fun and effective. Instead, we are seeing this, a desire to3367silence political speech because of the discomfort of many pro-3368Israel Jewish students, the gutting of the Department of3369Education, or OCR when complaints about Antisemitism were3370pending.33713372    Thinking it is only pro-Israel Jewish students who are3373having difficulties. It is also anti-Zionist Jewish students,3374Muslim students, Arab and Palestinian students, immigrant3375students, and many more. Shockingly, we are seeing ex3376existential threats against universities without a modicum of3377due process. We are not going to improve the campus for Jews or3378anyone else this way. We cannot burn down the house in order to3379save it.33803381    [The prepared statement of Mr. Stern follows:]3382                 prepared statement of kenneth s. stern33833384[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]33853386                [summary statement of kenneth s. stern]3387    Summary: The university is an essential American institution, built3388on academic freedom, free speech, and faculty governance. The tensions3389around Israel/Palestine, and the threats by partisans on each side to3390silence the other, predated October 7, 2023, but roared forth on some3391campuses since. In some instances pro-Israel Jewish students were3392harassed, even assaulted. Anti-Zionist Jewish students, and3393Palestinian, Muslim students, and other, were also targeted. There are3394things that universities can and should do--educationally and3395otherwise--to improve the campus climate for all. The recent threats to3396funding, faculty governance, and free speech jeopardize not only higher3397education, but other shared interests, like scientific research. This3398is not the way to make any student, let alone pro-Israel Jewish ones,3399any safer.34003401          Students--including Jewish students--have a right not3402        to be victims of true threats, harassment, intimidation,3403        bullying or discrimination, let alone assault. They, however,3404        should expect to hear ideas that cut them to their core.34053406          Attempts to affect the campus that aren't grounded in3407        protection of free speech and academic freedom are not likely3408        to work. Anything that smacks of a hate speech code will3409        backfire34103411          Recent threats against funding without a full3412        investigation and an opportunity to be heard are not only3413        likely illegal, but horrible policy34143415          Arresting students should be a last resort, not a3416        first impulse, especially for technical violations of rules.34173418          The Department of Education's Office of Civil Rights3419        should not be gutted, but rather further funded, to address3420        Title VI complaints; there is already an unacceptable backlog3421        of antisemitism complaints.34223423          Congress should not enact laws to suppress political3424        speech. I don't agree with much of speech that's heard at3425        campus protests, but it is dangerous to use law to suppress it,3426        and doing so will harm Jews.34273428          The case of SJP v Abbott found that the use of the3429        IHRA definition was unconstitutional viewpoint discrimination.34303431          There's a fundamental Church/State issue in IHRA--a3432        deep divide in the Jewish community about whether being Jewish3433        requires being a Zionist. It is inappropriate for Congress to3434        decide this question, which is fundamentally what's being3435        asked.34363437          It isn't only pro-Israel Jewish students who are3438        having difficulties on campus. It's also anti-Zionist Jewish3439        students, Muslim students, Arab and Palestinian students,3440        immigrant students, and so many more.34413442          The campus environment can be improved with programs3443        and courses and even AI. If we bludgeon the campus into3444        submission we risk destroying an institution which has made3445        America the envy of the world.3446                                 ______34473448    The Chairman. Mr. Stern, you and Ms. Gammill did the best3449at sticking your landing in 5 minutes. Let me just acknowledge3450that. I will begin my questioning. Since October the 7th,3451Columbia University has been the epicenter of campus protest3452posing threats to students' safety.34533454    The Trump administration has taken a strong stance with3455regard to Columbia, withdrawing Federal funds and contracts due3456to its ``continued inaction in the face of persistent3457harassment of Jewish students.'' Ms. Gammill, do you think that3458the Trump administration's efforts to address these frankly3459rampant displays of Antisemitism have been more effective than3460the Biden administration's?34613462    Ms. Gammill. I think there is no question that these3463efforts have been more effective. As was mentioned a moment3464ago, certainly there was recognition by the Biden3465administration of the need to address Antisemitism as a3466national problem. The Trump administration's efforts, including3467at Columbia, have put teeth to that discussion for the first3468time that we have seen.34693470    The Chairman. What else should the President and Congress3471do?34723473    Ms. Gammill. As I mentioned before, while yes there is3474debate I would say, and I am happy to engage in further3475discussion about the differences of opinion about the3476International Holocaust Remembrance Alliance's definition of3477Antisemitism, I think it is important for Congress now that the3478Antisemitism Awareness Act has been before it for quite some3479time, to finally codify that definition. Again, yes, there are3480certainly restrictions on how that definition can be used, but3481the definition itself is not a problem. It is no other3482definition like any other definition that you would find.34833484    It is a tool for educating, helping people to better3485understand. Importantly, every time that definition is brought3486up and challenged, there is a complete ignoring of the text of3487that definition and the guidance that goes with it. And the3488reality is that the examples of Antisemitism that people like3489to fight over, and the controversy is over are introduced with3490clear indication and instruction that these are examples that3491could be, depending upon the overall context, examples of3492Antisemitism. The decision that was just referenced in which3493there were problematic, and concerns raised about--First3494Amendment concerns raised about the use of that definition,3495completely wrong on the facts and the law, including that fact3496that context is crucial.34973498    Again, passing the Antisemitism Awareness Act, I think is3499No. 1. As well as Senator Cassidy, your bill regarding3500protecting students on campus. I think it is crucial that3501students know where to get advocacy and where to get help. But3502in order to do that, we also have to have robust enforcement,3503teeth in resolutions of Title VI complaints.35043505    The Chairman. Rabbi Shemtov, a quick assessment. The Biden3506administration versus Trump assessment. The Trump3507administration's efforts to combat the Antisemitism that we3508have seen.35093510    Mr. Shemtov. I will say that the Biden administration did3511make special efforts which were unprecedented in bringing3512together a broad array of Jewish communal leaders and had top3513representation at the meetings, including White House3514principles, one of whom himself is Jewish.35153516    I said at that meeting, and I say again here today, that3517even though they had a whole of Government approach, and it was3518unprecedented, they did allow to seep in, in a way which I felt3519drilled a little hole in the boat, the views of people who are3520downright Antisemitic and those who sought to weaken IHRA for3521the sake of weakening it.35223523    It didn't strengthen the fight against Antisemitism. But we3524must say that the effort in it of itself was a good step. The3525second thing is we all fly on planes, and we are told that if3526oxygen pressurization changes, your mask is going to drop from3527the ceiling, and you have to put your own mask on first. But3528you want to save the kids who are with you. Don't do that. Put3529your own mask on first because if you stop breathing, you can't3530help anybody. We, the Jewish community, have to help ourselves3531first, and then we have to help everyone else as we can, but we3532can't be helping everybody all at the same time because the3533dilution itself is dulling the point that our colleague just3534spoke about.35353536    I think that what the Trump administration has done is said3537there is not only going to be a ramp up in policy, but there3538will be a sharp ramp up in enforcement. University3539administrators----35403541    The Chairman. Let me stop you there because I have one3542really quick for Mister--Dr. Small. Dr. Small, you have talked3543about funding from the Middle East being associated with a3544sharp increase in Antisemitic activity. Statistically3545significant? What else can you comment? You have about 303546seconds.35473548    Mr. Small. Okay. So it is a very important issue. In one of3549our reports we show that American universities taking money3550from the Qatari regime have 300 percent more instances of3551Antisemitism.35523553    The Chairman. Is that----35543555    Mr. Small. Compared to American universities not taking3556money from----35573558    The Chairman. Is that just because of more exchange3559students or is there something more than that?35603561    Mr. Small. I think it is the use of soft power. It is3562funding certain institutes and professors in the classroom. And3563connected to the encampment, SJP comes out of a MP, which is3564part of the Muslim Brotherhood.35653566    I should say that the spiritual leaders of the Muslim3567Brotherhood--this is not Islam. It is a perversion of the great3568religion of Islam. The teachings of the Muslim Brotherhood is3569that the true believer, the true Muslim is obligated to3570complete the work of Hitler.35713572    This is what is now entering into our universities3573unchecked. And we are calling for investigations into the3574funding of these anti-democratic, anti-American, sexist,3575homophobic, and genocidal antisemites funding our universities.35763577    The Chairman. Senator Sanders.35783579    Senator Sanders. Thank you, Mr. Chairman. And my questions3580are going to be addressed to all five. We have five experts on3581Antisemitism, and I look forward to taking advantage of their3582knowledge. This is not the Foreign Relations Committee, so we3583are not here to debate the wisdom or lack of wisdom of what the3584Netanyahu government is doing in Gaza right now.35853586    But the reality is that 92 percent of the housing units in3587Gaza have been destroyed. Most hospitals and primary healthcare3588facilities have been bombed. Civilian infrastructure has been3589devastated. 50,000 people, mostly women and children, have been3590killed. Over 100,000 have been wounded. If I or any other3591Member of this Committee makes that point, that we think--and3592again, I don't want to debate the policies right now.35933594    But if we think that the United States should not be3595supplying more bombs and artillery to the Netanya government,3596do you think--I don't want the debate on Israel. Do you think3597that is Antisemitic? Briefly, Ms. Gammill start it and go right3598down the line. Am I being Antisemitic if I say that the United3599States taxpayers should not supply more weapons to Israel?36003601    Ms. Gammill. That statement alone is not Antisemitic. It3602does not attack Jewish identity.36033604    Senator Sanders. Rabbi?36053606    Mr. Shemtov. I must say you are revered on one side of the3607aisle and respected on the other side of the aisle for the3608strength of your convictions. You do not say dispassionate3609statements.36103611    Just like I believe we have to respect the right of3612everyone to their opinion, I believe the Prime Minister is a3613democratically elected official and is entitled to his opinion.3614Do I think it is Antisemitic to criticize him? I don't think3615so. If you criticize somebody who is Jewish, that is not3616Antisemitic. If you criticize the fact that they are Jewish----36173618    Senator Sanders. Right.36193620    Mr. Shemtov. Or use that to criticize something, that is3621Antisemitic.36223623    Senator Sanders. Dr. Small, briefly. We don't have a lot of3624time.36253626    Mr. Small. Again, I would agree with the rabbi, what you3627said is not Antisemitic. But what I would say with great3628respect is that we have to flip the equation. I think instead3629of blaming the victim or looking to the victim of Hamas, of the3630Muslim Brotherhood, we have to understand the ideology at work3631that is confronting----36323633    Senator Sanders. I don't think there is any debate up here3634that Hamas is a terrorist organization. What they did on3635October 2nd--7th is beyond disgusting. Rabbi Saperstein.36363637    Mr. Saperstein. No, I don't. No, I don't think it is3638Antisemitic if you say it, or people on college campuses say3639it. But on college campuses, there are too many instances in3640which those kinds of political statements are mixed with rank3641hatred against Jews, and that steps over the line into3642Antisemitism.36433644    Senator Sanders. Mr. Stern?36453646    Mr. Stern. Senator Sanders, that--just that statement, that3647opinion alone is not Antisemitic.36483649    Senator Sanders. I need your help on something else. I have3650never met George Soros in my life, to the best of my knowledge.3651I don't believe I have ever contributed--yet received a nickel3652in campaign funding from Mr. Soros. But I think, Soros has been3653a stereotype, a manifestation of Antisemitism all over the3654world--yes?36553656    When we talk about Antisemitism, one of the tropes that has3657always been used, Protocols of Zion, is that there is this3658mysterious underground group of zillionaire Jews who are--the3659whole world, right? Is that the trope?36603661    Okay. This from the Holocaust Memorial Museum is a--3662something that appeared in Hungary, a Hungarian Antisemitic3663publication. Jews puppeteers, right? You are familiar with that3664trope? This is from a Donald Trump campaign email.36653666    George Soros puppeteer. Biden is the puppet being3667manipulated. Okay. Don't want to make a big deal about it. Ms.3668Gammill, does that look to you like an Antisemitic trope?36693670    Ms. Gammill. I think that there is no question that there3671is a relationship when you look at the two images that would3672cause that question to be raised. Again, I think context is3673key.36743675    Senator Sanders. Rabbi.36763677    Mr. Shemtov. George----36783679    Senator Sanders. Briefly. I want to hear from everybody.3680Yes or no, is that Anti--do you think that has Antisemitic3681overtones?36823683    Mr. Shemtov. I think that George Soros is Jewish, although3684he doesn't really identify closely with the community. One3685minute.36863687    Senator Sanders. No, you don't have 1 minute. I have got 173688seconds.36893690    Mr. Shemtov. Okay. 17 seconds----36913692    Senator Sanders. Is this Antisemitic?36933694    Mr. Shemtov. Very simply, he is being criticized. He is3695Jewish. I don't know that he is being criticized because he is3696Jewish.36973698    Senator Sanders. Dr. Small.36993700    Mr. Small. I would say very briefly, we are living in a3701time where the democratic center is under attack from the3702extreme right, the extreme left, and radical Islam.37033704    Senator Sanders. I will ask you a question. Does this look3705like an Antisemitic trope?37063707    Mr. Small. Yes.37083709    Senator Sanders. Rabbi Saperstein?37103711    Mr. Saperstein. Yes.37123713    Senator Sanders. Mr. Stern.37143715    Mr. Stern. Antisemitism is two things in it says essence, a3716conspiracy theory that Jews try to harm humanity and giving you3717an explanation for what goes wrong in the world. That picture3718is Antisemitic. Orban was using it recently as well. Clearly3719Antisemitic.37203721    Senator Sanders. Okay. Thank you very much.37223723    The Chairman. Senator Collins.37243725    Senator Collins. Thank you, Mr. Chairman. Mr. Chairman,3726first let me thank you for holding this important hearing, and3727also for convening the round table last year where we were able3728to hear such distressing testimony directly from Jewish3729students about what they were encountering on college campuses,3730particularly after the October 7th attacks in Israel.37313732    Mr. Stern, I am going to start my questioning with you. We3733agree that every student should feel safe on campus, and I am3734interested to learn about your book, Conflict Over Conflict. I3735agree that colleges and universities are often the best places3736to have tough conversations and robust debate. But how is it3737allowable for a faculty member to give extra credit to students3738to participate in an anti-Israel protest? Do you think that is3739right?37403741    Mr. Stern. Senator, I think that there are questions of bad3742teaching that go across the board with all this. In that3743situation, it may well be. But the point is that on a campus,3744the idea is that students should be not singled out, not3745discriminated against, but should hear things differently.37463747    If the professor says, I want everybody to go and report3748back. I don't care what you say about it, but I want you to3749because it is happening to tell me what you think. That is3750something different than saying, I am going to give you extra3751credit for supporting something.37523753    Senator Collins. Do you agree that it is wrong for a3754student to be given extra credit for attending an anti-Israel3755debate----37563757    Mr. Stern. It depends----37583759    Senator Collins [continuing]. Or anti-Israel protests?37603761    Mr. Stern. If I had a student and that debate was happening3762on the campus, I might want them to come back and say, tell me3763the different sides. On the other hand, if they are saying, I3764want you to go because this is the correct way, that is a wrong3765thing to do.37663767    Senator Collins. This reminds me of a conversation that I3768had with a college president in Maine, whom I deeply respect,3769who told me that in his experience, these Antisemitic protests3770are not being generated by students.37713772    They are being inspired by faculty members, graduate3773assistants, and outside groups. This isn't spontaneous. And I3774remember one of those students at the round table telling us3775that when she went up to a student and said, do you know what3776you are saying when you say from the river to the sea,3777Palestine should be free? And they had no idea what that meant.3778Ms. Gammill, I want to ask you a question.37793780    Last year I questioned the former Secretary of Education,3781Cardona, at a Senate Appropriations hearing about his3782enforcement of Title VI of the Civil Rights Act, which is3783intended to protect all students from discrimination. At the3784time, the Secretary had no one on the ground at colleges and3785universities where investigations into Antisemitism were3786occurring.37873788    He could not give me a timeline for resolving these3789investigations. He acknowledged only that they had a large3790backlog. He could not answer any of my questions about the3791penalties for schools that were found to be in violation, if3792they were found to be in violation.37933794    To me, that was an appalling demonstration of a very lax,3795even indifferent approach to what had been more than a 3003796percent increase in Antisemitic incidents across this country,3797including and primarily at our college campuses.37983799    I want to follow-up on the question asked to you about the3800Chairman, are you seeing a difference now in the implementation3801of Title VI?38023803    Ms. Gammill. Thank you, Senator. We are beginning to. We3804are encouraged by what we are seeing. I believe that you are3805absolutely correct that there needs to be actual investigators,3806as there now are, on these campuses.38073808    I also believe though that it is crucial that the3809institutions themselves be held accountable for being the first3810line of addressing these problems. This is not an issue that3811the Federal Government should have to come in and police. And3812again, I go back to there are often not people who are well3813qualified and equipped to address these things on the campuses3814themselves.38153816    It should start there, but yes, I am encouraged by what we3817are seeing in terms of enforcement. I will say that I was3818discouraged to see at the end of last year when institutions3819came out of the woodwork begging OCR to resolve open complaints3820for obvious reasons and there was capitulation to that. There3821is too much capitulation going on, not enough enforcement. So I3822am very encouraged to see what we are seeing now.38233824    Senator Collins. That is why we need to make sure that3825office continues to be adequately resourced. Thank you, Mr.3826Chairman.38273828    The Chairman. Senator Murray.38293830    Senator Murray. Well, thank you very much, Mr. Chairman.3831Obviously, every student should feel safe on campus. It doesn't3832matter who you are or where you come from, what religion you3833practice, you should feel safe. You should be able to learn and3834grow without fear of facing harassment or assault or3835discrimination. You may debate complex issues and hear diverse3836viewpoints on campus.38373838    That is part of life as much as it is part of a higher3839education, and it is important. Everyone in this country should3840be able to use their voice and exercise their First Amendment3841rights peacefully, without fear of Government retaliation. And3842at the same time, no one should ever fear for their safety on3843campus. No one should ever be forced to tolerate bigotry.38443845    That is a very simple principle, and I think it is one that3846the vast majority of Americans agree with. In fact, here in3847Congress, we agree with it so much that we have an office at3848the Department of Education dedicated to upholding that3849principle, the Office of Civil Rights, that the Senator from3850Maine just referenced.38513852    That is why I have fought for years to secure more3853resources and funding for OCR. It does really important work to3854make sure every student is safe on campus, and it makes sure3855schools are living up to their obligations under our civil3856rights laws. When hatred and bigotry are on the march from3857recent spikes in Antisemitism and Islamophobia, or to the wave3858of anti-Asian hate during COVID.38593860    When students' safety is at stake, whether that means3861addressing hate crimes in hostile environments or actually3862addressing sexual assault on our campuses, OCR is really our3863frontline. So if you want to fight Antisemitism, you should3864support OCR. It is as straightforward as it gets. It is like3865saying, if you want to fight fires, you should support the fire3866department.38673868    I hate to tell you all, but Trump is axing the fire3869department. He has fired nearly half of the OCR staff and3870shuttered more than half of the OCR offices. So I don't know3871how anyone can actually say they are serious about stopping3872Antisemitism on campus without also saying that they are3873concerned by this movement to gut that agency on the front line3874of stopping Antisemitism. Because you can't upend that entire3875office, as Trump wants to do, without upending the work.38763877    You can't pause the investigations, which Trump already3878did, without creating a huge backlog. That means students will3879not get the justice that they deserve. You can't just cut an3880agency in half and pretend everything is fine. Closing those3881offices means throwing 6,000 cases into limbo, leaving students3882in 28 states without the critical tools to fight back. Firing3883those workers means doubling the caseload for the remaining3884investigators who are already stretched thin.38853886    I think it is clear that if we are serious about fighting3887Antisemitism, we need to get serious about fighting this3888Administration's decimation not only of OCR, but the entire3889department. So I want to ask our witnesses what those cuts mean3890to students. And Rabbi Saperstein, let me start with you. Does3891drastically eliminating OCR'S capacity help protect students,3892including Jewish students?38933894    Mr. Saperstein. It harms it in so many ways, Senator. You3895have already talked about how overloaded they were before any3896of these cuts. Each one of the investigators, had an average of389746 cases that they had to deal with.38983899    Now it is 86 cases that they are going to have to deal3900with, with the staff after the cuts were made. They shut 7 of3901the 12 regional offices. They are talking about moving--this3902kind of work, integrating it into the Justice Department. The3903Justice Department is not an administrative enforcement agency.39043905    It doesn't look at it in a holistic kind of manner. This3906was really something extraordinary. And who is better?3907ProPublica did a deep dive before the cuts happened in the3908first few weeks, 20 new cases were open in the beginning of3909this Administration. In the beginning of the Biden3910administration, the same period of time, 110 cases.39113912    In the last years of the Biden administration, 240 cases.3913Now it was down to 20. They are grinding it to a halt, and it3914is the students of America of all kinds who are facing3915discriminations that are going to suffer.39163917    Senator Murray. Thank you. I only have 20 seconds left. Mr.3918Stern, you want to comment?39193920    Mr. Stern. Yes. Thank you. I had the experience of working3921with OCR. There were Jewish students outside of Bingham to New3922York. There was a kick a Jew day. The school district did3923nothing. I can tell you, OCR worked magic. It helped the3924students. It helped the district do something that was3925educationally important.39263927    Also, there were other students that didn't want to be part3928of the complaint because they were worried about the3929retribution to them. This gave an opportunity to go work with3930them behind the scenes to make sure their voices were heard3931too. I agree with Rabbi Saperstein.39323933    If this becomes a Department of Justice issue, I think back3934to that case, I don't know that would have been a complaint,3935and I don't know that the students would have come forward.39363937    Senator Murray. Thank you. Thank you very much, Mr.3938Chairman.39393940    The Chairman. Senator Marshall.39413942    Senator Marshall. Thank you, Mr. Chairman, and welcome3943everybody as well. Certainly, there is no doubt that 70 percent3944of Jewish students feel harassed. They feel threatened.39453946    Unfortunately, I found that in my home state, at the3947University of Kansas, I went and sat down and visited with the3948Jewish students there. And when these riots and protests were3949going on, to send Senator Collins's points, the leaders of the3950riots were actually teachers there, and graduate students, and3951outsiders showing them how to do this type of rioting.39523953    The students were being followed into their classrooms. The3954protestors, the class--maybe it was a class in Jewish history,3955and the protestors were inside the buildings, outside the class3956harassing these students.39573958    Certainly this is all very, very unacceptable. And I am3959glad that we are proceeding with this. I think there is a great3960opportunity for some type of an Antisemitic commission going3961forward.39623963    This problem was happening 2,000 years ago. It is going to3964keep happening and we need to keep this in mind as well. I want3965to go to Dr. Small first. Dr. Small, what was Qatar's role in3966the hostage release of Americans?39673968    Mr. Small. It is a good question. I am not an expert at3969that level, but I know that the Qataris certainly were funding3970Hamas. They have very good relationships.39713972    Senator Marshall. That is not my question. Were--I'll3973answer the question for you. So, the Qataris were vastly3974responsible for the freeing of American hostages and many3975others. Dr. Small, what was Qatar's role in the evacuation of3976Afghanistan--and especially how did it impact America?39773978    Mr. Small. The Qatari regime has good relations with the3979Taliban, with the Iranian revolutionary regime, and----39803981    Senator Marshall. It is interesting, just the prejudice3982that I hear coming out of your mouth here that--Qatar was so3983important to the 120,000 people evacuated from Afghanistan. In3984our moment of need, Qatar stood beside us. And of the 120,0003985removed, 60,000 of them came through Qatar.39863987    Without Qatar, we would have had thousands more deaths as3988well. So I am really--I don't know why you won't answer that3989question. I want to think about it just a little bit more3990objectively here.39913992    This, I am going to say this century, in the past decade or3993so, Qatar has given about $5 billion to the educational3994institutions of America, and a vast majority of that, probably399580 percent, is setting up universities in Qatar, whether it is3996Texas A&M Engineering, Cornell Medicine.39973998    A vast amount of that money is research oriented as well.3999Qatar has been a great ally to America, so I don't know why you4000are attacking them. And then why don't you compare--so China4001has given over $3 billion. The Saudis $1.5 billion. UK $14002billion. Germany over $1 billion.40034004    Why aren't we attacking them as well? And I want you to4005answer this question. Two universities heavily funded by Qatar4006were Carnegie Mellon and VCU. Were there any large Antisemitic4007riots or protests there?40084009    Mr. Small. This is a very important issue, and I would4010say----40114012    Senator Marshall. Were there any Antisemitic riots or4013protest in VCU or Carnegie Mellon? The answer is no. So the4014answer is no. So they were vastly funded, but yet there was no4015riots there. So I don't understand why you are picking on the4016Qataris here when other people are funding. Take Texas and4017Texas A&M.40184019    Texas A&M has a university presence in Qatar. University of4020Texas doesn't. So you would make the conclusion that Texas A&M4021was funded, but UT is where the riots were. UT, it had nothing4022to do with Qatari funding there.40234024    I don't know how you--causation doesn't--is what I'm saying4025here that Senator Cassidy says all the time, right.40264027    The Chairman. What is it--association is not necessarily4028causation.40294030    Senator Marshall. There you go. Association is not4031causation. So I don't know why we are here fueling the fire.4032Not all Muslims are Antisemitic. Not all Muslims are anti-4033American. And here we have a Muslim country that has stood4034beside America for the most part.40354036    They are not perfect. They are not perfect, but they helped4037us get back hostages. They saved the day in Afghanistan. In so4038many ways they have stood beside us. I think you are picking on4039them. I think you are coming to conclusions that are not well4040founded. I think that is called discrimination. I think it is4041prejudiced as well. Thank you, Mr. Chairman.40424043    Mr. Small. May I respond please? May I----40444045    The Chairman. 26 seconds.40464047    Mr. Small. Pardon me--I would just say that Qatar is a4048country of less than 350,000 citizens. They give more money to4049American universities than any country in the world. The4050greatest victims of political radical Islam are Muslims.40514052    Senator Marshall. But you are not--you are missing the rest4053of the story though. So here, this just continues the prejudice4054that you have. You don't mention China. You don't mention4055Saudi. You don't mention the UK.40564057    They all have significance donations as well. Look, nobody4058is perfect, and I know that you built your life on this one4059thing, but no country is perfect. And I am as pro-Israel as any4060member is up here.40614062    I am--and certainly recognize the Antisemitism that has4063been around for over 2,000 years. I don't know why you want to4064make--to use an Antisemitic term, I don't know why you want to4065make Qatar the scapegoat here.40664067    The Chairman. Thank you. Thank you, Senator Marshall.4068Senator Baldwin. I assume--I don't have your list over here.4069Are you next?40704071    Senator Baldwin. I was not here at the gavel.40724073    The Chairman. Then Senator Hassan.40744075    Senator Baldwin. Hate to admit that.40764077    [Laughter.]40784079    Senator Hassan. Thank you. Good morning. Thank you all for4080being here. I want to thank the Chair and the Ranking Member4081for this hearing today. Before I turn to my questions, I want4082to say a few words regarding the alarming and disturbing4083Antisemitism that we are seeing across the country.40844085    Vigorous debates regarding foreign policy are4086Constitutionally protected, but too often since October 7th4087when Hamas attacked Israel, these debates and protests have4088veered into both implicit and explicit Antisemitism. Across the4089country, Jewish centers on campus have been protested and4090vandalized, and Jewish faculty and administrators have been4091targeted.40924093    At one school, Jewish students had to be escorted by4094security to escape a mob. And too often during protests, we4095have heard chance and slogans that justify and even celebrate4096Hamas' violence, or heard speakers deny Hamas' atrocities,4097including the atrocity of sexual violence.40984099    There is no legal right to threaten the safety of any4100student. Even if someone has a legal right to say hateful4101words, it is still wrong to say them, and the rest of us have4102the right and responsibility to condemn them. Denouncing4103Antisemitism should not be a partisan issue.41044105    Whether by torchlight in Charlottesville or on the quads of4106our universities, Antisemitism is always, always wrong and4107entirely at odds with what our Country is supposed to be--what4108people like my dad who served in World War II knew America4109could be. The fact that we are seeing this kind of Antisemitism4110today--in today's day and age is shameful and a reminder4111obviously that we need to do much, much better because4112extremism, no matter what fringe it comes from, doesn't go away4113on its own.41144115    Frankly, on this issue and others in our politics today, I4116do fear that the further we are removed from World War II, the4117more likely we are to forget the lessons that many paid a4118terrible price for all of us to learn. I was going to ask the4119same question that Senator Murray did about the Office of Civil4120Rights at the Department of Education, an incredibly important4121office.41224123    I was grateful, rabbi, for your description of how it has4124been undermined and what the impact of that will be. And Mr.4125Stern, yours as well. It is an incredibly important tool. It is4126extremely disappointing--more than disappointing. It is wrong4127that this Administration has worked to undermine it so quickly4128and so strongly. And it is at odds with the Administration's4129rhetoric about wanting to do something about Antisemitism on4130our campuses.41314132    But I do have a couple of other questions, and Rabbi4133Saperstein, I want to start with you. In your testimony, you4134highlight the importance of strengthening resources for4135security of our religious and communal institutions. We have4136made progress in recent years by creating the nonprofit4137security grant program at the Department of Homeland Security,4138which helps to address the security needs at houses of worship,4139but there is still more work to do.41404141    Senator Johnson and I have a bill called The Pray Safe Act,4142which would establish a Federal clearinghouse through which4143faith-based organizations, houses of worship, and other4144nonprofits could access information on safety and security best4145practices, available Federal grant programs, and training4146opportunities.41474148    The Pray Safe Act passed out of the Senate Homeland4149Security and Governmental Affairs Committee by unanimous4150consent last Congress. I invite my colleagues to work with me4151in getting it signed into law this Congress.41524153    Rabbi, can you speak to how a centralized, easy to navigate4154clearinghouse like this would help you and other faith leaders?4155And also, if there are other supports you would like to see us4156work to provide, please comment on those.41574158    Mr. Saperstein. Well, thank you for your comments at the4159beginning about the state of where we are with Antisemitism.4160Agreed with every--where we are hearing things I never thought4161we would hear. Again, after the Holocaust we are seeing things4162I never thought I would see in my lifetime.41634164    Thank you so much for that. Here, I spent much of my career4165working with the National Reform Jewish Movement, the largest4166movement--I think I can speak for all of the movements, that4167kind of clearinghouse is valuable to us. We have nearly 9004168synagogues around the country.41694170    They desperately need guidance. They desperately need to4171know what best practices are. This is the safety that they have4172to worry about every single time they gather, every single time4173they pray, every single time they teach, every single time they4174provide social services to the community. So it would be an4175invaluable contribution.41764177    Senator Hassan. Well, I appreciate that very much. And I4178have very little time left, but I do just want to comment that4179one step I think we can take to counter the hate we are seeing4180is investing in Holocaust education programs so that our young4181people understand the evils that drive Antisemitism. So I will,4182submit a question for the record to you, Rabbi Shemtov, about4183the role that Holocaust education can play in fighting the4184spread of Antisemitism. Thank you.41854186    Mr. Shemtov. Should I answer?41874188    The Chairman. For the record, I am--will go to Senator4189Moody next. For the record, I am assured that OCR currently has4190the resources necessary in order to investigate these claims.41914192    Senator Hassan. Mr. Chair, with respect, I think an4193analysis of their current staffing versus what they had, and4194the number of backlog cases would refute that, but I appreciate4195the comment and let's see what we can dig in and find out4196together. Thank you.41974198    The Chairman. Thank you, Senator Hassan.41994200    Senator Moody.42014202    Senator Moody. Thank you, Chairman. Appreciate it. Thank4203you to everyone that took the time to be here today. Such an4204important hearing.42054206    I think it is important, after we have heard some of the4207questions and responses, to point out that immediately upon4208taking office, I think out of our thousands of colleges and4209universities, Trump administration immediately sent out letters4210to some of the more egregious violators of civil rights,4211especially our Jewish students is on campuses, and said the4212days of a tepid response or toothless resolution agreements are4213over and we will aggressively go after those that are violating4214the rights of our Jewish students.42154216    Those letters have gone out. Universities have now been put4217on notice. I don't think there is any question that there has4218been a change in the tenor on how we will protect the rights of4219Jewish students on our campus, and I just want to make sure4220that is clear because some of the questioning has suggested4221otherwise.42224223    I think it is also important to remember that we are here4224on a hearing today, and I want to make sure I am going to get4225the title right, so I am going to specifically read the topic4226of this hearing, Antisemitic Disruptions On Campus. And we are4227talking about attacks on campaign flyers of President Trump and4228defending coordinators of chaos on campus.42294230    I mean, I think it is important when we are addressing an4231issue that you--people understand who is actually targeting the4232issue that we are talking about and not talking about something4233else to distract from the point that our Jewish students have4234had to transfer, have had to skip graduations, have missed4235major opportunities in life, have been followed to class, have4236been threatened, have been kept from campus buildings. I mean,4237that is why we are here today.42384239    In Florida, we are not immune. We saw a rapid escalation in4240Antisemitism and criminal acts within our own state, and that4241was minor compared to the rest of the Nation after October42427th--what we saw in terms of criminal acts. So I think it is4243important to remember.42444245    I mean, it is the same thing that happened when we were4246talking about men participating in women's sports, and taking4247those opportunities, and the danger to women. We were--who was4248talking about protecting women? Who was not distracting from4249that? Who stood up for that?42504251    I think we need to remember that in this hearing today. I4252don't think it is wrong to question foreign funding. I mean,4253candidates for Federal office can't take foreign donations. I4254don't think it is wrong to question foreign funding in4255universities and colleges, and whether foreign nations are4256trying to persuade, or influence, or brainwash our children.42574258    I mean, do you think that they want us to be more pro-4259American, more democracy, pro-freedom, pro-capitalism? Is that4260why they are giving hundreds of millions of dollars to our4261universities? I mean, I am sure there are instances of good4262faith there, but we have to pay attention to that.42634264    I filed a bill yesterday to deny new student visas to4265Chinese students because China has just passed a law that now4266requires every national to gather intelligence, including4267Chinese students here studying--gather intelligence and report4268back. How do we not pass a law that prevents student visas in4269that respect? In the past few years, we have had an explosion4270of Chinese students that were caught gathering evidence or4271gathering information on military bases on college campuses.42724273    How do we as lawmakers, policymakers not do that? And so, I4274have watched what has happened over--in our campuses over the4275last few years and sat in horror. And people--there are tools4276right now in terms of revoking funding or denying funding if4277campuses are allowing the violation of civil rights.42784279    I filed a bill today that said we should go one step4280further because clearly what we have on the books isn't4281working. I believe that if money has been given or designated4282for universities and they cannot protect their Jewish students,4283and there are violations of civil rights, any money that has4284been dedicated to them should be called back.42854286    Any taxpayer money that has been dedicated to them should4287be clawed back from the Federal Government. And, Ms. Gammill, I4288would like to know what you think. No. 1, do you think4289additional tools are necessary? And No. 2, do you think that is4290a good policy?42914292    Ms. Gammill. I certainly think that additional tools are4293necessary, as I have mentioned several times. I do think that4294looking at every aspect of what our taxpayer dollars are being4295used for and ensuring that those dollars are being used in4296compliance with the law is crucial.42974298    There is just--there is simply no question that the teeth4299that have been lacking in resolutions under Title VI need to be4300returned to those resolutions. I want to say this. I have dealt4301extensively with resolution agreements under Title VI. There is4302a process that allows universities to seek voluntary4303resolution. It is typically through that process that4304resolutions come about.43054306    That is when the university approaches OCR and says, we4307would like to voluntarily resolve this. Unfortunately, what we4308see there is talk about compliance concerns. We do not see4309findings of violation. I think it is critical that when OCR4310investigates--or whomever it is because I have every faith that4311someone will be investigating and enforcing Title VI, whether4312it is OCR or another department in the Government.43134314    When they do that, I believe it is crucial that we move4315beyond just talking about compliance concerns and actually4316issue findings of violation. And where those findings are4317found, Federal funds need to be removed.43184319    Senator Moody. Thank you, Ms. Gammill. We have these new4320timers that nobody can see where the time is, so I apologize if4321we went over.43224323    The Chairman. Believe me, I am--this is our first meeting4324in this new room. And so now I concede----43254326    Senator Moody. A lot of new technology.43274328    The Chairman. I concede my dial to Senator Kim who is next.43294330    Senator Kim. Thank you Chairman. Thank you to all of you.4331And very powerful testimoneys here.43324333    One place I just wanted to sort of start from is an area4334hopefully of agreement here. But Mr. Stern, you said4335something--in your written testimony, you said, students have4336an absolute right to expect a campus environment where they4337will not be victims of true threats, real harassment, or4338intimidation, bullying, or discrimination, let alone assault.4339And I think that is something hopefully that all of us can4340agree to, including my colleagues and I.43414342    This question is, how do we determine what then crosses4343that line? And I think that is something I have tried to4344grapple with, and I have engaged the people in my state. And it4345is challenging, and certainly when we look back at what4346happened at campuses and across this country over the last 24347years or so I personally feel like I have seen things that have4348crossed that line.43494350    We have seen things that have entered that level of4351bullying, intimidation, discrimination, assault. But what we4352also know is that we shouldn't then cast that across the4353entirety of everything that is happening. So the question is,4354how do we try to separate that? And the question is also, who4355decides that? We have talked about the Office of Civil Rights.4356And Mr. Stern, I guess I will just start with.43574358    You have said that for us to be able to achieve what Ms.4359Gammill just talked about--I agree with you that we want to4360make sure there is teeth. We want to make sure that we can get4361the findings of violation.43624363    Mr. Stern, you have proposed increasing the budget to the4364Office of Civil Rights. Can you explain that to me in terms of4365what would that be able to do further in terms of being able to4366try to identify what the problem was, what the violation was,4367and then what the appropriate response is.43684369    Mr. Stern. Thank you, Senator. Well, one of the issues is4370that there is a huge backlog. So on a campus when complaints4371are not resolved in a timely fashion, I think we probably all4372agree on that, that sends a message that nobody cares.43734374    More funding would do that. But the other thing I want to4375stress is that the solution that people are pointing to about4376speech, about using the IHRA definition, is going to backfire.43774378    It is not just me saying that. It is the Cato Institute,4379the Federalist. Christopher Ruffo said the second problem with4380the Antisemitism Awareness Act, especially for conservatives4381and civil libertarians, is that is operating using the same4382coercive and corrosive principles as DEI. The legislation4383codifies an ideologically charged definition of Antisemitism4384into law, provides special protections based on group identity,4385and expands anti-discrimination enforcement to include4386Constitutionally protected speech.43874388    What I worry about is when we tend to think about4389Antisemitism, is it on this side of the line or that side of4390the line, we are ignoring how Antisemitism actually works.4391Senator Sanders talked about the Tree of Life massacre. The4392background noise of that was anti-immigrant animus.43934394    If you look at how Antisemitism works, Charlottesville,4395Jews will not replace us, the driving force is when anybody in4396our society is seen as a danger internally and it is noble to4397go and attack them. It is in that environment, not whether this4398is about Israel, on this side of the line or that, that4399promotes people to a conveyor belt of thinking in Antisemitic4400terms.44014402    Senator Kim. Ms. Gammill, I wanted to turn to you.4403Definition aside I think you made your point and that was4404helpful for me to understand your perspective on that. But4405certainly we need some entity to be able to decide and make4406adjudications here.44074408    Do you have an opinion in terms of whether or not the4409Office of Civil Rights and the Department of Education is the4410place, or if the Department of Justice is the place, which is4411what is being proposed by this Administration right now?44124413    Ms. Gammill. I'll be honest with you, Senator, I don't4414particularly care which one it is. I believe that enforcement4415is what is necessary here. I believe that they need to be well4416educated on these issues, whomever it is going to be.44174418    I will say what we have seen recently when it is OCR4419investigators is one, a lack of proper understanding in4420education and a lack of understanding of the law that requires4421enforcement. So to the extent that there is some cooperation4422between the Department of Education and the Department of4423Justice, I think that may be absolutely the recipe that we4424need.44254426    Senator Kim. Thank you for your perspective. Let me just4427say on my front what I worry about because I agree with you.4428Something you said earlier, Ms. Gammill, was context is4429important. And I do think that there is very strong need for4430having that context within the system of education.44314432    Understanding the dynamics there in our education are4433different than other parts of our society. I agree with you4434though. We want to make sure that there is teeth to it in terms4435of being able to engage. And what we want to make sure is there4436is a process there. And I will be honest, like when I see these4437efforts that are targeting Yunseo Chung, or Khalil, or others4438without a process, whether in the Department of Education or4439the Department of Justice, it worries me.44404441    The last thing I will just say here as I am wrapping up is4442I know it was mentioned before about Chinese students coming to4443the United States, espionage issues. I just want to say like4444look, like my son, 7 years old, when he was seven was at4445school. Had a kid calling--taunting him, calling him Chinese4446boy, Chinese boy over and over again. And so, when there was4447that anti-Asian hate rising, the first people in New Jersey4448that came to our defense were some of the Jewish American4449community leaders. We wrote an Op-Ed together.44504451    I think that is important. I understand that there are4452nuances and differences, and I know that there is a concern4453about lumping it all together, but it is this understanding4454that when we protect all students, we are stronger than where4455we are seeing that kind of division that is out there,44564457    I just wanted to respond and say, look I will stand up to4458try to address these needs. Try to do it in a way with teeth.4459Thank you, Chairman, for letting me go a few seconds over here.44604461    The Chairman. Senator Husted.44624463    Senator Husted. Thank you, Mr. Chairman. Appreciate4464everybody being here today. While Antisemitism is millennials4465old, the flashpoint was October 7th for the issues that we are4466currently dealing with. I was on a college campus, at Ohio4467State, in the days after that occurred.44684469    The students were very scared there. It seemed as though it4470was a coordinated effort in many cases to--in the days4471following as if there was an organization ready to go as soon4472after October 7th. I do believe that for all the sake of the4473Palestinian people and peace throughout the Middle East, if4474Hamas would just simply release the hostages and the bodies of4475those who are deceased, that we could take a step forward.44764477    I hope we all can condemn them for failing to do that.4478However, a couple of quick questions when we are talking about4479the--are our universities protecting students from4480Antisemitism? I will ask each one of you a quick answer. Yes or4481no, are all of our college campuses doing enough to protect4482Jewish students from Antisemitism?44834484    Ms. Gammill. No.44854486    Mr. Shemtov. Definitely not.44874488    Mr. Small. Absolutely not.44894490    Mr. Saperstein. No.44914492    Mr. Stern. No. But the better answers for the long term are4493educational as opposed to discipline.44944495    Senator Husted. Well, that may be the case, but it seems4496like the circumstances where we see the most Antisemitism are4497on some of the most elite campuses in this country. So it is4498clearly education doesn't do enough.44994500    There seems to be some coordinated agenda. Let me ask about4501the students on those campuses. If a student is here on a4502student visa, and it is proven that they are involved in4503Antisemitic activities and that they are connected to a foreign4504government or a terrorist organization, should they have that4505visa, student visa, revoked?45064507    Ms. Gammill. It is a violation of their visa terms,4508absolutely.45094510    Mr. Shemtov. A foreign government, I can't say. But4511terrorist organization, definitely.45124513    Mr. Small. Yes. If they are supporting a terrorist4514organization in the United States, they must have lied on their4515visa application, which is against the law.45164517    Mr. Saperstein. I agree with that. If it is a terrorist4518organization and they are supporting it, the law is quite4519clear.45204521    Mr. Stern. Senator, I think the law is clear that there is4522material support, but advocacy is something different. Let me4523share with you a quote from Justice Brandeis in the Whitney4524case when there was a conviction of a woman for belonging to4525the Communist Party because they were advocating political4526violence.45274528    He said, those who want our independence believed liberty4529to be the secret of happiness and courage to be the secret of4530liberty. They believe the freedom to think as you will and to4531speak as you think are means indispensable to----45324533    Senator Husted. I understand that but we are not talking4534about American citizens here. We are talking about people who4535have the privilege of being here.45364537    Mr. Stern. But the question is First Amendment rights, how4538much it applies, especially to a green card holder or to--4539people like Nadine Strossen say it does. Some--but the question4540is policy----45414542    Senator Husted. There could be a real debate about that,4543but these are not citizens of the United States. They are here4544as guests.45454546    Mr. Stern. But do you want students that come to America4547because of what we offer, including freedom of speech, to4548decide they don't want to come here?45494550    Senator Husted. I would not want them to do it if they were4551indeed connected to a foreign government who is trying to4552influence situations here in America or a terrorist4553organization. That was the question.45544555    Mr. Stern. What if they are misinformed about what river to4556the sea means, and they are on a campus? And they are 18 years4557old, and they see what is happening in Gaza----45584559    Senator Husted. I am asking you the questions, you are not4560asking me the questions but----45614562    Mr. Stern. Okay.45634564    [Laughter.]45654566    Senator Husted. That is how this works.45674568    Mr. Stern. My apologies.45694570    Senator Husted. As we look at this situation--and again, I4571was on college campuses in the days after. The students were4572very concerned. I will let--Rabbi Shemtov, you may want to4573answer this. Ms. Gammill, you may want to answer this.45744575    Do you believe that there are--that there were coordinated4576efforts in advance of--with American citizens or people who4577were here that had knowledge of the October 7th attacks and4578were working to coordinate Antisemitic activity here in4579America?45804581    Mr. Shemtov. Of the October 7th massacre, I have no idea.4582Of the post-October 7th Antisemitic violence thinly veiled as4583anti-Zionist or anti-Israel activity, absolutely, yes. And I am4584sad to say some of that support came from within the Jewish4585community, including many people say, and there is4586circumstantial and better evidence, including from Mr. Soro's4587circle, which is why I was so reticent to answer the Ranking4588Member's question before.45894590    Ms. Gammill. I will just add that likewise, I have no4591specific information about what knowledge individuals here in4592the U.S. had. I can say that with absolute certainty that4593immediately following October 7th, there was clear evidence of4594a concerted campaign in the form of a toolkit for individuals4595on campus to follow in order to be in lockstep with Hamas and4596its ideas.45974598    Senator Husted. Thank you, Mr. Chairman. Thank you.45994600    The Chairman. Senator Baldwin.46014602    Senator Baldwin. Thank you, Mr. Chairman. And I want to4603thank our witnesses for being here today. Let me be clear,4604there is no place for Antisemitism and other forms of4605discrimination anywhere in this country, including on our4606college campuses.46074608    As we have heard this morning, the Office of Civil Rights4609within the Department of Education is responsible for enforcing4610laws that protect the civil liberties of more than 49 million K4611through 12 students, and more than 24 million post-secondary4612students, including 1.2 million students in the State of4613Wisconsin.46144615    There has been some debate at the dais, on the dais about4616whether the Office of Civil Rights is adequately resourced for4617the important charge that it has. The Office of Civil Rights4618was established by Congress within the Department of Education4619and is charged with protecting the rights of students.46204621    We know that the office has seen a rise in cases and4622allegations of Antisemitism and other religious based4623discrimination on college campuses. And so, I would expect to4624be talking today more about how we are ensuring that the Office4625of Civil Rights is properly staffed and resourced.46264627    The Trump administration has taken the opposite approach,4628intending to gut not only the Office of Civil Rights by firing4629staff, closing regional offices, and freezing OCR cases, but4630also by intending to dismantle the entire Department of4631Education.46324633    During her confirmation process, I pressed Secretary of4634Education Linda McMahon about whether she would commit to using4635appropriated funds provided to the Department of Education's4636Office of Civil Rights for necessary staffing, and she4637responded that she would ensure that students would have equal4638access to education through vigorous enforcement of civil4639rights.46404641    But since then, Secretary McMahon and President Trump have4642shuttered seven Office of Civil Rights regional offices,4643including one that serves the State of Wisconsin. You have4644already been asked about the impact of this and so I am going4645to move to another topic, and that is, the impact of broad4646attacks on diversity, equity, and inclusion on the topic that4647we have before us today.46484649    Rabbi Saperstein, I appreciate your message of unity and4650observations that hate speech and hate crimes tear at the unity4651of Americans. As you attest, Antisemitism thrives in4652environments where civil liberties are curtailed, and that4653anti-bias training is critical to combating Antisemitism and4654fostering an inclusive environment for all students to learn4655and thrive.46564657    I am very interested in your assessment of the potential4658impact of policy choices being made to attack diversity,4659equity, and inclusion. Will these broad attacks on diversity,4660equity, and inclusion sweep up important anti-bias training and4661other efforts to combat Antisemitism?46624663    Mr. Saperstein. The question as you phrased it I think4664answers itself. Yes, it will greatly restrict anti-biased4665training. It will greatly restrict our commitment to the4666pluralistic democracy in which Jews have always thrived.46674668    Pluralistic democracies have to be taken away. You think of4669the Nazis in Germany, they have to be destroyed in order to go4670about the work of a state sponsored Antisemitism. We don't want4671to erode our democracy or the pluralistic nature. There was a4672problem in a number of the DEI programs that they didn't4673include Jews and Antisemitism, and we pushed very hard to4674ensure that they would be included and that should be4675recognized.46764677    But the need to have a diverse, inclusive, pluralistic4678society, including at our higher institutions of learning, I4679think is more important today as we are growingly more diverse4680in America than ever before.46814682    Senator Baldwin. Thank you.46834684    The Chairman. Senator Banks.46854686    Senator Banks. Thank you, Mr. Chairman. Dr. Small, this4687week the Americans for Public Trust released a report that4688documented that China has donated over $175 million this year4689over the last year alone to U.S. colleges.46904691    Now, I wonder what connections you have found between the4692influence campaigns of the Chinese Communist Party, that money4693that is being sent to U.S. colleges, and to groups like4694Students for Justice in Palestine.46954696    Mr. Small. Thank you for your question. It is an important4697issue. And in our circles we joke that the Chinese government4698steals IP from the United States and the Qatari buy it, and4699these are both important issues.47004701    The Chinese Communist Party is connected, for example, to--4702in our assessment to Code Pink, for example. We have people4703like Mr. Roy Singham supporting kind of the extreme left in the4704United States and some of these issues on campus that are4705confronting in terms of Antisemitism.47064707    Radical Islamist organizations such as the Muslim4708Brotherhood, Hamas, and the Palestinian Islamic Jihad have long4709cooperated and trained together with radical Marxist4710organizations such as the PFLP and the Democratic Front for--4711Liberation of Palestine. And this sort of exploded in our4712campus on October the 7th.47134714    U.S. groups echoing these narratives and these type of kind4715of extremist groups, violent groups on campus----47164717    Senator Banks. I got a lot to----47184719    Mr. Small. We call them the Red----47204721    Senator Banks. You can't establish a link between the4722Chinese influence campaigns and Students for Justice in4723Palestine. That is----47244725    Mr. Small. We call it the Red Green Alliance though. So on4726campus----47274728    Senator Banks. The Red Green Alliance. I want to get to4729that because the connections between China and the radical4730Islamists like Hamas are no coincidence. It is called the Red4731Green Alliance, as you said.47324733    The socialist left, and radical Islamists are coordinating4734to undermine the United States and Israel, and Code Pink is a4735big part of it. It is too bad that our Code Pink guest had to4736leave because I really wanted to get into that. Dr. Small, Code4737Pink isn't just a far left anti-war protest group anymore. It4738has become a direct tool of the Chinese Communist Party, and4739the CCP influence in the United States funded by CCP4740intermediaries.47414742    Code Pink is defending the Communist Party's internment of4743the Uyghurs. It is really crazy, but Code Pink is defending the4744human rights abuse against Uyghur Muslims. Code Pink says that4745Taiwan is a part of China and--they even accuse the U.S. of4746being the invader during the Korean War.47474748    Isn't that correct? They call, Code Pink calls America the4749arsenal of genocide. And just yesterday, they interrupted a4750Senate Intelligence Committee hearing shouting anti-Israel4751slogans. Dr. Small, what links are you aware of between the CCP4752and Code Pink and other pro-Hamas organizations?47534754    Mr. Small. Our colleagues have done some research on this.4755There definitely are links. There are links to Hamas. There are4756links to the Iranian revolutionary regime as well. They--Code4757Pink has visited Gaza and Iran on various occasions. So there4758is this sort of--they embody the Red Green Alliance. They are4759anti-American, anti-democratic, anti-Antisemitic.47604761    Senator Banks. Yes. I am really sorry they left because I4762wonder, do they even know that? Do they understand that? Do4763they understand that they are being--do they agree with that or4764are they taken advantage of by Code Pink organizers and4765financers?47664767    Mr. Small. I think they take advantage of the free speech4768that we have here. And I think in a way a lot of this4769conversation was framed with--as free speech. But I also think4770in terms of Antisemitism and what is taking place on campus is4771intimidation, violence, and criminal activity. So I wish there4772would be somebody from a police force here. We have spoken to4773NYPD----47744775    Senator Banks. I want to get to that. Mr. Chairman, I would4776like to enter a letter into the record that I sent to the4777Attorney General Pam Bondi yesterday requesting an4778investigation of Code Pink for violating the Foreign Agent's4779Registration Act.47804781    The Chairman. Without objection.47824783    [The following information can be found on page 113 in4784Additional Material:]47854786    Senator Banks. Dr. Small, do you think Code Pink's leaders4787may fit the definition of foreign agents and should they be4788investigated?47894790    Mr. Small. 'I think they should definitely be investigated.47914792    Senator Banks. Dr. Small, you have mentioned this already,4793the New York Times reported in August 2023 that Code Pink's4794founder is now married to Neville Roy Singham, a4795multimillionaire who lives in Shanghai and funds a whole4796network of pro-CCP and anti-Israel protest groups. Mr.4797Chairman, I would like to also enter that record--or that4798article from the New York Times into the record.47994800    The Chairman. Without objection.48014802    [The following information can be found on page 115 in4803Additional Material:]48044805    Senator Banks. If American backed organizations protested4806like this in China, they would be locked up and shut down4807immediately. That is the fact of it. Dr. Small, what should the4808U.S. Government be doing to stop this flow of subversive money4809into our Country?48104811    Mr. Small. In my recommendation--in my submission we call4812for various recommendations, including the Department of4813Education and other Government entities should do thorough4814investigations into foreign funding and its impact on our4815higher education.48164817    We believe our higher education is--young people come to4818universities to learn how to be citizens and they are being4819miseducated on many important issues that guarantee our4820freedoms, such as freedom of speech and other democratic4821freedoms that we have here.48224823    Senator Banks. Thank you. I yield back.48244825    Mr. Small. Thank you.48264827    The Chairman. Senator Markey.48284829    Senator Markey. Thank you, Mr. Chairman. Tragically,4830Antisemitism is on the rise in the United States. It is4831outrageous. It is wrong, and we cannot, and we must not4832tolerate it. We saw it when white supremacists marched in4833Charlottesville with swastikas yelling blood in soil.48344835    We saw it when a man walked into the Tree of Life synagogue4836and killed congregants in their house of worship. We see it4837when synagogues are threatened and vandalized, and we see it4838when Trump administration officials support far right Holocaust4839deniers. Antisemitism is a threat to our most basic freedom in4840the United States, the freedom to pursue faith without fear.48414842    But rather than seriously address Antisemitism and protect4843Jewish students' safety, this Administration is cutting funding4844for the Office of Civil Rights, and Trump is cynically using4845the rise in Antisemitism as a tool to restrict freedom, stroke4846fear, and silence dissent, and it is as terrifying as it is4847evil.48484849    Under the guise of combating Antisemitism, this4850Administration cutoff $400 million in funding for Columbia4851University. Funding that amongst other things supports critical4852Alzheimer's and cancer research. We can't have cutoffs in4853Alzheimer's and cancer research in America.48544855    This month, ICE officers arrested students in Columbia and4856Georgetown and elsewhere lawfully here in the United States but4857haven't charged them with a single crime. We are the United4858States of America. It is 2025. You need evidence. You need a4859crime. You have to say what it is. And on Tuesday, masked ICE4860officers grabbed Rumaysa Ozturk, a Ph.D. student at Tufts4861University, off the street as she was on her way to break fast4862for Ramadan. She has not been charged with a single crime.48634864    As far as I understand it, the Trump administration4865arrested these students because they engaged in the freedom of4866expression that is explicitly protected under the Constitution4867of the United States. What these individuals said or believed4868is beside the point.48694870    What matters is that we have a President arresting people4871because he disagrees with their Constitutionally protected4872right to freedom of expression, and that imperils the basic4873democratic principles upon which all of our freedoms relies.48744875    When the Government of the United States is sending mass4876police to grab students off the streets and from their homes,4877holding Federal dollars, or threat of investigation as4878blackmail to force institutions into silence and routinely4879violating the Constitution, the laws passed by the United4880States in order to do what he wishes while using the Jewish4881people and others as a shield for hi transgressions, we have4882crossed a dangerous, dangerous threshold from which we cannot4883return unless we call it out for what it is, authoritarianism.48844885    We have a very serious Antisemitism problem in the United4886States of America. It is a problem that deserves a real and a4887forceful response. But the answer to Antisemitism will never be4888authoritarianism. We cannot guarantee freedom if we let Trump4889march in and steal freedom while we remain silent.48904891    Rabbi Saperstein, in your testimony you state,4892``Antisemitism, the hatred of Jews as Jews, thrives in an4893authoritarian environment where civil liberties are curtailed,4894not in spaces of robust protected democratic discourse.''48954896    Please expand on how Trump administration's authoritarian4897actions are a threat to the safety of the Jewish community and4898the role that Congress should play in response to it.48994900    Mr. Saperstein. I said before that the Jewish community in4901America has thrived to enjoy more rights, more freedoms, and4902more opportunities than anywhere else. There are a number of4903reasons for that.49044905    One is the rule of law which is at the core of our4906democratic system, our Constitutional system. The second was4907the separation of Government and religion--that Government4908would not interfere with the religion. We are keeping4909Government out of religion.49104911    This was the first country in the history of the world in4912which we said, your rights as a citizen will not depend upon4913your religious identity or your religious beliefs, or your4914religious peaceful practices, which is a standard in my work as4915U.S. Ambassador for Religious Freedom. I tried to hold every4916other country accountable to its embodying the international4917human rights covenants.49184919    We have always thrived better in open, pluralistic4920countries than we have in dogmatic and authoritarian countries.4921We are always the other in those authoritarian countries.49224923    The reason we have thrived here has been the opportunities4924that higher education has given us, that the public schools4925have brought us up through for some generations in this country4926here, and the attacks on each one of those that we are seeing4927on higher education, on cutting back, even restricting funds,4928the public schools in terms of--in terms of the attacks on the4929rule of law and judges, the judicial system, ignoring judicial4930decisions that are being made, all of this undercuts the safety4931of not just Jews but everyone who is a victim of discrimination4932in this country.49334934    Senator Markey. Antisemitism is the problem.4935Authoritarianism is not the answer.49364937    Mr. Saperstein. Indeed.49384939    The Chairman. Senator Hawley.49404941    Senator Hawley. Thank you very much, Mr. Chairman. Thanks4942for calling this important hearing. Thanks to our witnesses for4943being here. Mr. Stern, if I could just start with you. I see4944that five or 6 days ago you gave an interview in which you said4945that the removal of Mahmud Khalil, the pro-Hamas foreign4946rioter, is a form of McCarthyism and makes Jewish students less4947safe.49484949    Now, this is an individual who has been accused of4950endorsing and espousing terrorist activity. Who has been4951accused of lying on his application to a green card in the4952United States. Who is currently being sued for terrorizing and4953assaulting Jewish students. Do you stand by your view that4954trying to remove him as a form of McCarthyism?49554956    Mr. Stern. Absolutely, Senator.49574958    Senator Hawley. Why in the world would that be the case?49594960    Mr. Stern. Let me answer. He hasn't been charged with a4961crime. The clear predicate for this, the White House said he4962was handing out pro-Hamas propaganda. When you start talking4963about people's views and what they are talking about in the4964public square as a basis for discrimination--and the effect on4965Jewish students is not just the fact that Jews may be seen as4966we are pushing this and that is going to happen. The way that4967this is going to harm Jewish students is it harms the academy.49684969    Senator Hawley. Wait a minute. My time is limited. I am4970sorry to interrupt you, but just wait a minute. I have got to4971correct numerous inaccuracies there. No. 1, as you very well4972know, United States law says that a non-citizen is inadmissible4973for entry into this country if they, and I quote, ``endorse or4974espouse terrorist activity or persuade others to do the same.''49754976    That same law provides you can be removed for the same4977reasons. That is what Mr. Khalil has been accused of. He has4978further been accused of by the U.S. Government for lying on his4979visa application.49804981    That on its own would be sufficient to remove him from this4982country. He is being sued as you and I sit here in New York4983Court by the victims of October 7th for terrorizing and4984assaulting Jewish students, unlawfully taking over and damaging4985public university property, and physically assaulting Columbia4986University employees. And you are telling me that it is4987McCarthyism to remove this individual?49884989    Mr. Stern. Senator, the deportation was started before that4990lawsuit, before that second question about what he was saying4991on his forms.49924993    Senator Hawley. No, this is what the Government has alleged4994in open court, Mr. Stern. This is the basis for their removal4995proceedings. And our law makes clear, if you endorse or espouse4996terrorist activity, you can be removed from this country. He4997has done so. He has been accused of doing so from the4998beginning. He has been accused of lying to get into the4999country. I just, I am amazed that you are saying that this is5000McCarthyism.50015002    Mr. Stern. Senator, you weren't here when I quoted part of5003what Justice Brandeis was talking about back in a case when5004there was somebody that was convicted for supporting the5005Communist party because they were talking about violence as a5006political solution. And Brandeis cautioned us that this type of5007robust speech----50085009    Senator Hawley. This isn't speech. Lying on a visa5010application is not speech. Seeking to assault Columbia5011University employees and Jewish students is not speech. You are5012defending an individual who has espoused the destruction of5013this country, the destruction of the State of Israel, the5014destruction of Jews, and has taken actions in furtherance of5015the same.50165017    You have also said that investigating the 60 colleges and5018universities that are currently under investigation by the5019Trump administration for Antisemitism is a form of weaponizing5020Antisemitism for political benefit. You are opposed to5021investigating these institutions for Antisemitism?50225023    Mr. Stern. Senator. I have been very clear that OCR has a5024very important role. That there are complaints that should go5025through the process. When you start using the Department of5026Justice and threatening universities' funding----50275028    Senator Hawley. You are opposed--I just want to get this on5029the record. You are opposed to investigating Columbia5030University and others for Antisemitism?50315032    Mr. Stern. No, I am not----50335034    Senator Hawley. That is what you said 6 days ago.50355036    Mr. Stern. No, I am not opposed to doing it the right way--5037--50385039    Senator Hawley. What does that mean, doing it the right5040way?50415042    Mr. Stern. Not to claw back funds. Not to say we are5043holding you ransom. We are getting your faculty----50445045    Senator Hawley. You were asked about an investigation for5046failing to protect Jewish students, and you said that is just5047weaponizing Antisemitism. It makes students less safe.50485049    Mr. Stern. It is when the Department of Justice has a list5050of places they want to go to. To Senator Markey's question----50515052    Senator Hawley. Oh, I heard Senator Markey's questions. I5053heard his whole speech. I thought it was insane. I just want to5054say for the record, I thought it was totally insane. And I5055think your positions are similarly insane.50565057    I think the idea that we would bend over backward to hug5058and kiss and make nice to a pro-Hamas rioter because that's5059what Khalil is, and that we would say, heavens we can't remove5060him, and that makes Jewish students less safe on our campuses.5061That is nuts--that is nuts.50625063    Mr. Stern. Senator, Rabbi Saperstein's point, if you look5064at American history, the times where Jews were most vulnerable5065was during the Palmer raids in World War I when there was5066political----50675068    Senator Hawley. Jews are vulnerable now on our campuses5069because of people like Khalil. And I want to say for the5070record, I am glad he is gone, and I hope he never comes back.50715072    [Applause.]50735074    The Chairman. Senator Hickenlooper.50755076    Senator Hickenlooper. Thank you, Mr. Chair. And thank you5077all for your time here and all your work. I think we have5078covered sufficiently to say that all of you agree that every5079student should feel safe on their campus.50805081    Certainly the troubling rise of Antisemitic incidents on5082campuses over these past 2 years is troubling and should not be5083accepted. Students barricading in their rooms to protect5084themselves is unacceptable by any standard. But we have cut the5085Office of Civil Rights dramatically, and we seem to be pitting5086two of our fundamental goals against each other.50875088    One is the--our necessity to stop Antisemitism, but also5089making sure that we uphold the First Amendment rights. And I5090think American universities are trying to do that. I went to a5091little college in Connecticut, Wesleyan, where there has been a5092lot of effort about going out and trying to have discussion5093with both sides. And at the same time always keeping students5094safe.50955096    That is their constant priority. And so I thought--Rabbi5097Saperstein, do you agree that university leadership should work5098harder at making sure we have--not just keeping them safe but5099making sure that dialog can help create that safety?51005101    Mr. Saperstein. I do. There are a number of things that are5102going on at universities that would be very helpful now.5103Exactly, the university encouraging and structuring those kinds5104of dialogs. Having courses that teach about Zionism and5105Palestinian nationalism so that people can hear it from an5106academic point of view.51075108    Having opportunities that there can be an open space and5109safe space where these dialogs can be held. And the one thing I5110would say to your statement and to some of the others, it is5111always, difficult to come up with a perfect answer of when5112something steps over speech into harassment, or into5113intimidation, which are clearly not allowed.51145115    What is really important is for the universities to make5116clear what their standards are and what kind of protests will5117step over the line. They should be public about it, transparent5118about it, and consistently enforce it.51195120    Nothing is more important, in terms of actually being able5121to tone down things, for everyone to know what the rules are,5122what the limits are, and to see it consistently enforced no5123matter who the perpetrators may be.51245125    Senator Hickenlooper. Great. Any other comments on that?5126Yes.51275128    Mr. Shemtov. Yes, I think that the, I am obviously a5129supporter of the First Amendment. I am a very deep beneficiary5130of the First Amendment. I believe that discussion between5131peoples is always important. One thing I am proud of is the5132numerous relationships I have with Muslims and Arab leaders who5133come to this country.51345135    Senator Hickenlooper. You got to go a little faster. I am5136going to----51375138    Mr. Shemtov. To understand them. It will be three5139sentences. On the campus of the George Washington University, I5140was just told firsthand by a student that they were taught in5141the first session of a class they needed to take that just to5142balance things out, there will be no Israeli written materials5143allowed in this course. 'I believe----51445145    Senator Hickenlooper. I hear that argument, but that is not5146answering my question.51475148    Dr. Small.51495150    Mr. Small. Yes. I just want to start by saying, my family5151friend's daughter goes to Wesleyan, and she withdrew because5152she couldn't stand the pressure of being a young Jewish woman5153in the space. That is my first point----51545155    Senator Hickenlooper. No, no, no, I got to get to another5156question, so--I apologize. I wish I had 6 minutes.51575158    Mr. Stern. Michael Roth, the president there is one of my5159heroes. What he said when there was an encampment, he said, you5160want to camp? Camp. You want to harass somebody, you5161intimidate? That is a different story. We are going to use this5162as a learning experience. One other thing----51635164    Senator Hickenlooper. No, no--I just want to get to this5165last question, sorry. Ms. Gammill, if you can just get your one5166sentence.51675168    Ms. Gammill. I think we have to stop hiding behind free5169speech. What we are seeing on campuses is not a matter of5170speech----51715172    Senator Hickenlooper. I have heard that come through. And I5173don't disagree that, but that balance between free speech and5174what we are talking about. I want just a quick yes or no right5175down the line because this is a crux--do you think it is5176appropriate that the Federal Government threatens or withhold5177research money that has nothing to do with any of this issue5178from major universities across the country based on how they5179are addressing this specific issue?51805181    Ms. Gammill. The Federal Government has the authority to5182condition how it spends its money.51835184    Senator Hickenlooper. You think that is Okay?51855186    Ms. Gammill. When institutions are violating the law, yes5187it is Okay.51885189    Senator Hickenlooper. Okay.51905191    Mr. Shemtov. I believe they can reapportion the funding to5192institutions that will abide by the law, and will protect5193Jewish students, and other students, and not have intimidation5194on their campus.51955196    Senator Hickenlooper. Research dollars are very hard to5197reapportion, but Okay, I hear you.51985199    Mr. Shemtov. There should be a way to do that.52005201    Mr. Small. It is against the Federal law to fund private or5202public entities that discriminate against American citizens.52035204    Mr. Saperstein. The money is there to do what you are5205talking about, the rabbi here. To take it from here is5206punitive. It is really just aimed at undermining universities5207who do things that we can find a better way to get them to5208achieve.52095210    Mr. Stern. Senator, I see it as an existential threat to5211universities. They are going to kill cancer research and5212diabetes research. Some of the researchers are Jewish, and they5213are doing it without due process. That is not the way to deal5214with this problem. That is only going to make it worse.52155216    Senator Hickenlooper. Thank you all. I appreciate it. I5217yield back.52185219    The Chairman. [Technical problems]--that shouldn't be a5220cover. Chasing kids into a room and pounding on the door when5221they are there is wrong, let me just say that. And blocking5222their way to get across the commons to go to their class is5223wrong. And that shouldn't have to be established in a behavior5224handbook. That should just be known when the kid shows up.52255226    If you are guilty of perpetrating that, you should suffer5227consequences. And I think that is--that is not free speech.5228Now, we are closing. I ask for unanimous consent to enter three5229letters into the record. The first record from the American5230Jewish Medical Association describing and highlighting the5231danger of Antisemitism in the medical education to the5232detriment of Jewish students and patients alike.52335234    The second letter from the Union of Orthodox Jewish5235Congregations of America, providing recommendations to address5236Antisemitism on college campuses and supporting the passage of5237the Antisemitism Awareness Act, the Protecting Students on5238Campus Act, and The Deterrent Act.52395240    The third letter from the Zionist Organization of America,5241highlighting the long history of Antisemitism on college5242campuses, including the surge since the attacks on October the52437th, 2023. And I ask unanimous consent, and I so acknowledge.52445245    [The following information can be found on page 120 in5246Additional Material:]52475248    The Chairman. The hearing record will remain open for 105249business days. Senators may submit questions for the records5250within that----52515252    Senator Sanders. Chairman.52535254    The Chairman. Senator Sanders.52555256    Senator Sanders. I have a couple of unanimous consents.52575258    The Chairman. Oh, I am sorry.52595260    Senator Sanders. One to enter into the record. A letter5261from the Jewish Electorate Institute regarding today's hearing.5262And another one dealing with the impact of Trump's cutting of5263the Office of Civil Rights.52645265    The Chairman. Without objection.52665267    [The following information can be found on page 146 in5268Additional Material:]52695270    The Chairman. Thank you for being here today. The Committee5271stands adjourned.52725273                          ADDITIONAL MATERIAL52745275                              United States Senate,5276                                            Washington, DC,5277                                                     March 26, 20255278Hon.  Pamela Bondi Attorney General,5279U.S. Department of Justice,5280Washington, DC.52815282    Dear Attorney General Bondi:52835284    Yesterday morning, Code Pink activists disrupted the Senate Select5285Committee on Intelligence's ``Worldwide Threats'' hearing, screaming5286that, ``The greatest threat to global safety is Israel.'' Code Pink has5287instigated numerous illegal antisemitic riots at university campuses5288across the country, including the University of Wisconsin and the5289University of California, Los Angeles.52905291    I am concerned that Code Pink's actions extend far beyond anti-war5292protests, and that the group is actively engaging in propaganda efforts5293to support the Chinese Communist Party's (CCP) foreign policy aims,5294including by undermining U.S.-Israel relations and fueling antisemitism5295on college campuses. I write to urge you to investigate Code Pink for5296potential violations of the Foreign Agents Registration Act (FARA), due5297to growing evidence of Code Pink's deep connections with the CCP.52985299    FARA requires all individuals in the United States acting as agents5300of foreign principals to regularly disclose their status and activities5301as a foreign agent to the Department of Justice (DOJ). FARA is meant to5302prevent U.S. organizations from secretly serving the interests of a5303foreign power and to provide transparency to reduce hostile5304governments' abilities to promote propaganda.53055306    Code Pink has a demonstrated track record of operating in the5307interests of the CCP. Code Pink routinely lobbies for conciliatory U.S.5308policies on China and aggressively denies reports of CCP atrocities.5309Including the CCP's genocide against the Uyghur people in Xinjiang. In5310January 2025, Code Pink acknowledged that it had organized a 10-day5311``community trip' '' to Xinjiang--presumably on a tightly controlled5312itinerary staged by the Chinese government to help communist5313authorities continue denying these crimes. Code Pink's ``report'' on a5314past China trip argued that ``Taiwan is part of China,'' that U.S.5315bases in Asia were like Japan's World War II mass abuse of ``comfort5316women,'' and that the Americans were the ``invaders'' in the Korean5317War.53185319    Instead of condemning China's use of Uyghurs as slave labor, Code5320Pink's founder, Jodie Evans, considers Communist China a ``defender of5321the oppressed and a model for economic growth without slavery or war.''5322Code Pink operatives regularly disrupt congressional hearings on5323subjects which the CCP wants to suppress. In 2023, Code Pink operatives5324disrupted the inaugural hearing of the House Select Committee on China.5325shouting ``China is not our enemy!'' The disruption quickly led to a5326gloating headline in the Peoples Daily, the CCP's main newspaper.53275328    Code Pink also receives significant funding and likely receives5329direction from agents of the CCP. The New York Times reports that Code5330Pink receives almost a quarter of its funding from Roy Neville Singham,5331a multimillionaire based in China, who shares office space and staff5332with a Chinese propaganda outlet. In one photo, Singham's office even5333contained a red banner that read ``Always Follow the Party.'' Code5334Pink's founder, Evans, has been married to Singham since 2017. Code5335Pink's position on China has switched from skeptical to unquestioningly5336supportive since Evans became more involved with Singham and his5337organization. This suggests that Singham has played a substantial role5338in shaping Code Pink's rhetoric and priorities.53395340    While once an American anti-war group, Code Pink has clearly become5341an agent of CCP influence in the United States. Despite activities and5342funding so blatant that even the New York Times acknowledged the5343organization's activities ``usually require' groups to register under5344FARA, Code Pink has not registered with the DOJ. This failure to5345register represents a potential violation of FARA and merits a full5346investigation.53475348    In his first term, President Trump took long overdue steps to root5349out malign CCP influence in the United States and counter antisemitism.5350Under the Biden administration, however, CCP infiltration of American5351politics and society was allowed to deepen while antisemitism was5352allowed to rage unchecked on American campuses. I know that President5353Trump, and you as his Attorney General, will take the lead once again5354in preventing communist China from undermining our national security,5355spouting their lies unimpeded, and dividing America from Israel.5356Requiring CCP mouthpieces like Code Pink to register as the foreign5357agents they are would be a major first step toward this goal.53585359    I urge you to investigate Code Pink for potential violations of5360FARA. and respectfully ask that you provide answers to the following5361questions by no later than April 25, 2025:53625363        (1) Has Code Pink or any of its employees ever registered with5364        the DOJ as a foreign agent acting on behalf of the Chinese5365        Communist Party or any agency, official, or agent of the5366        government of the People's Republic of China (PRC)?53675368        (2) Is it the view of the DOJ that Code Pink is legally5369        obligated to disclose its status as a foreign agent under FARA,5370        considering the organization's extensive efforts to lobby5371        Members of Congress and U.S. Federal agencies for conciliatory5372        U.S. policies toward China?53735374        (3) What actions is the DOJ taking to counter the CCP's efforts5375        to expand its influence in the United States through funding5376        far-left entities that oppose U.S. foreign policy interests and5377        advocate the interests of foreign adversaries?53785379        (4) What actions is the DOJ taking to address FARA violations5380        committed by U.S.-domiciled entities that lobby against the5381        foreign policy interests of the U.S. while simultaneously5382        receiving funding from foreign adversaries?53835384    Thank you for your attention to this important matter.53855386            Sincerely,5387                                         Jim Banks,5388                                  U.S. Senator for Indiana.5389                                 ______53905391                           the new york times5392     A Global Web of Chinese Propaganda Leads to a U.S. Tech Mogul5393    By Mara Hvistendahl, David A. Fahrenthold, Lynsey Chutel and Ishaan5394Jhaveri53955396    Mara Hvistendahl is an investigative reporter focused on China.5397David A. Fahrenthold investigates nonprofits from Washington. Lynsey5398Chutel reported from South Africa and Ishaan Jhaveri from New York.53995400    Published Aug. 5, 202354015402    Updated Aug. 10, 202354035404    The Times unraveled a financial network that stretches from Chicago5405to Shanghai and uses American nonprofits to push Chinese talking points5406worldwide.54075408    On the surface, No cold war is a loose collective run mostly by5409American and British activists who say the West's rhetoric against5410China has distracted from issues like climate change and racial5411injustice.54125413    In fact, a New York Times investigation found, it is part of a5414lavishly funded influence campaign that defends China and pushes its5415propaganda. At the center is a charismatic American millionaire,5416Neville Roy Singham, who is known as a socialist benefactor of far-left5417causes. What is less known, and is hidden amid a tangle of nonprofit5418groups and shell companies, is that Mr. Singham works closely with the5419Chinese government media machine and is financing its propaganda5420worldwide.54215422    From a think tank in Massachusetts to an event space in Manhattan,5423from a political party in South Africa to news organizations in India5424and Brazil, The Times tracked hundreds of millions of dollars to groups5425linked to Mr. Singham that mix progressive advocacy with Chinese5426government talking points.54275428    Some, like No cold war, popped up in recent years. Others, like the5429American antiwar group Code Pink, have morphed over time. Code Pink5430once criticized China's rights record but now defends its internment of5431the predominantly Muslim Uyghurs, which human rights experts have5432labeled a crime against humanity.54335434    These groups are funded through American nonprofits flush with at5435least $275 million in donations.54365437    But Mr. Singham, 69, himself sits in Shanghai, where one outlet in5438his network is co-producing a YouTube show financed in part by the5439city's propaganda department. Two others are working with a Chinese5440university to ``spread China's voice to the world.'' And last month,5441Mr. Singham joined a Communist Party workshop about promoting the party5442internationally.54435444    Mr. Singham says he does not work at the direction of the Chinese5445government. But the line between him and the propaganda apparatus is so5446blurry that he shares office space--and his groups share staff5447members--with a company whose goal is to educate foreigners about ``the5448miracles that China has created on the world stage.''54495450    Years of research have shown how disinformation, both homegrown and5451foreign-backed, influences mainstream conservative discourse. Mr.5452Singham's network shows what that process looks like on the left.54535454    He and his allies are on the front line of what Communist Party5455officials call a ``smokeless war.'' Under the rule of Xi Jinping, China5456has expanded state media operations, teamed up with overseas outlets5457and cultivated foreign influencers. The goal is to disguise propaganda5458as independent content.54595460    Mr. Singham's groups have produced YouTube videos that, together,5461racked up millions of views. They also seek to influence real-world5462politics by meeting with congressional aides, training politicians in5463Africa, running candidates in South African elections and organizing5464protests like the one in London that erupted into violence.54655466    The result is a seemingly organic bloom of far-left groups that5467echo Chinese government talking points, echo one another, and are5468echoed in turn by the Chinese state media. Because the network is built5469on the back of American nonprofit groups, tax experts said, Mr. Singham5470may have been eligible for tax deductions for his donations.54715472    The Times untangled the web of charities and shell companies using5473nonprofit and corporate filings, internal documents and interviews with5474over two dozen former employees of groups linked to Mr. Singham. Some5475groups, including No cold War, do not seem to exist as legal entities5476but are tied to the network through domain registration records and5477shared organizers.54785479    None of Mr. Singham's nonprofits have registered under the Foreign5480Agents Registration Act, as is required of groups that seek to5481influence public opinion on behalf of foreign powers. That usually5482applies to groups taking money or orders from foreign governments.5483Legal experts said Mr. Singham's network was an unusual case.54845485    Most of the groups in Mr. Singham's network declined to answer5486questions from The Times.54875488    Three said they had never received money or instructions from a5489foreign government or political party.54905491    Speculation about Mr. Singham first emerged on Twitter among self-5492described anti-fascists. Reports followed in the publication New Lines5493and the South African investigative outlet amaBhungane. The authorities5494in India raided a news organization tied to Mr. Singham during a5495crackdown on the press, accusing it of having ties to the Chinese5496government but offering no proof.54975498    The Times investigation is the first to unravel the funding and5499document Mr. Singham's ties to Chinese propaganda interests.55005501    Mr. Singham did not offer substantive answers to questions about5502those ties. He said he abided by the tax laws in countries where he was5503active.55045505    ``I categorically deny and repudiate any suggestion that I am a5506member of, work for, take orders from, or follow instructions of any5507political party or government or their representatives,'' he wrote in5508an email. ``I am solely guided by my beliefs, which are my long-held5509personal views.'' Indeed, his associates say Mr. Singham has long5510admired Maoism, the Communist ideology that gave rise to modern China.5511He praised Venezuela under the leftist president Hugo Chavez as a5512``phenomenally democratic place.'' And a decade before moving to China,5513he said the world could learn from its governing approach.55145515    The son of a leftist academic, Archibald Singham, Mr. Singham is a5516longtime activist who founded the Chicago-based software consultancy5517Thoughtworks.55185519    There, Mr. Singham came across as a charming showman who prided5520himself on creating an egalitarian corporate culture. He was unabashed5521about his politics. A former company technical director, Majdi Haroun,5522recalled Mr. Singham lecturing him on the Marxist revolutionary Che5523Guevara. Mr. Haroun said employees sometimes jokingly called each other5524``comrade.'' In 2017, Mr. Singham married Jodie Evans, a former5525Democratic political adviser and the co-founder of Code Pink. The5526wedding, in Jamaica, was a ``Who's Who'' of progressivism. Photos from5527the event show Amy Goodman, host of ``Democracy Now!''; Ben Cohen, co-5528founder of Ben & Jerry's ice cream; and V, the playwright formerly5529known as Eve Ensler, who wrote ``The Vagina Monologues.''55305531    It was also a working event. The invitation described a panel5532discussion called ``The Future of the Left.''55335534    A screen grab of the wedding website--Mr. Singham goes by Roy--with5535a scheduled panel discussion called ``The Future of the Left.'' Credit5536. . . oneloveunionjodieandroy.com55375538    Mr. Singham had a plan for that future. He had quietly funded left-5539wing causes while at Thoughtworks. But his activism was about to5540intensify. Six months after his wedding, he sold Thoughtworks to a5541private equity firm. A copy of the sale agreement put the price at $7855542million.55435544    ``I decided that at my age and extreme privilege, the best thing I5545could do was to give away most of my money in my lifetime,'' he said in5546his statement.5547                        The Network Takes Shape5548    While other moguls slapped their names on foundations, Mr. Singham5549sent his money through a system that concealed his giving.55505551    At its center were four new nonprofits with dust-dry names like5552``United Community Fund'' and ``Justice and Education Fund.'' They have5553almost no real-world footprints, listing their addresses only as UPS5554store mailboxes in Illinois, Wisconsin and New York.55555556    Because American nonprofit groups do not need to disclose5557individual donors, these four nonprofits worked like a financial5558geyser, throwing out a shower of money from an invisible source.55595560    In their public filings, none list Mr. Singham as a board member or5561donor. ``I do not control them,'' he said in his statement, ``although5562I have been known to share my opinions.''55635564    In reality, Mr. Singham has close ties to all four.55655566    The largest is run by Ms. Evans. The group's founding bylaws say5567that Mr. Singham can fire her and the rest of the board. They also5568require that the group dissolve after Mr. Singham's death.55695570    The other three groups were founded by former Thoughtworks5571employees, according to interviews with other former Thoughtworks staff5572members and resumes posted online.55735574    In his statement, Mr. Singham acknowledged giving his money to5575unnamed intermediaries that fit the description of these four UPS store5576nonprofits. And several groups that received donations from them have5577identified Mr. Singham as the source.55785579    One of them is the Massachusetts-based think tank Tricontinental.5580Its executive director, Vijay Prashad, recounted Mr. Singham's5581financing in 2021. ``A Marxist with a massive software company!'' he5582wrote on Twitter.55835584    Tricontinental produces videos and articles on socialist issues.5585Mr. Prashad did not answer questions about Mr. Singham, but said the5586organization followed the law. ``We do not and have never received5587funds or instructions from any government or political party,'' he said5588in a statement.55895590    From the UPS store nonprofits, millions of dollars flowed around5591the world. The Times tracked money to a South African political party,5592YouTube channels in the United States and nonprofits in Ghana and5593Zambia. In Brazil, records show, money flowed to a group that produces5594a publication, Brasil de Fato, that intersperses articles about land5595rights with praise for Xi Jinping. In New Delhi, corporate filings5596show, Mr. Singham's network financed a news site, NewsClick, that5597sprinkled its coverage with Chinese government talking points.5598``China's history continues to inspire the working classes,'' one video5599said. These groups operate in coordination. They have cross-posted5600articles and shared one another's content on social media hundreds of5601times. Many share staff members and office space. They organize events5602together and interview one another's representatives without disclosing5603their ties.5604                       `Hijacked' in South Africa5605    Several times a year, activists and politicians from across Africa5606fly to South Africa for boot camps at the Nkrumah School, set in a5607popular safari area.56085609    They come to learn to organize workers and left-wing movements.5610Once on campus, though, some attendees are surprised to find Chinese5611topics seeping into the curriculum.56125613    At a recent session, reading packets said that the United States5614was waging a ``hybrid war'' against China by distorting information5615about Hong Kong, Taiwan and the Xinjiang region where Uyghurs were held5616in camps.56175618    The packets praised Chinese loans, calling them ``an opportunity5619for African states to construct genuine, and sovereign, development5620projects.'' No mention was made of China's role in a recent debt crisis5621in Zambia.56225623    ``They're being rounded up to be fed Chinese propaganda,'' said5624Cebelihle Mbuyisa, a former employee who helped prepare materials for5625the workshop. ``Whole social movements on the African continent are5626being hijacked by what looks like a foreign policy instrument of the5627Chinese Communist Party.''56285629    Those who objected were shouted down or not invited back, four past5630attendees said. U.S. tax records show that one of the UPS store5631nonprofits, the People's Support Foundation, donated at least $450,0005632for training at the school. On Instagram, Ms. Evans described a photo5633of the grounds as ``Roy's new place.''56345635    The $450,000 was just part of Mr. Singham's efforts in South5636Africa. In all, the foundation has sent $5.6 million to groups that run5637the school; a news organization; and the Socialist Revolutionary5638Workers Party, a fringe party launched ahead of the 2019 election.56395640    Former party members said they were perplexed that, despite severe5641local unemployment and poverty, the party seemed interested in China.5642Mr. Singham, for example, urged them to attend an online lecture by a5643Chinese academic, Li Bo of Fudan University, an email shows.56445645    After a party member called China's presence in Africa ``a second5646colonization,'' leaders responded defensively in a WhatsApp group.5647``When it came to us questioning certain behaviors from the Chinese5648state, that was a no-no,'' said Lindiwe Mkhumbane, a former member. In5649a statement, the party said its members have attended workshops on5650progressive issues but that it had never forced anyone to attend.56515652    Mr. Singham also funded an online news startup, New Frame,5653according to a recording obtained by The Times. One employee, Aragorn5654Eloff, said Mr. Singham interviewed him for a job. The outlet hired5655talented reporters and paid them well. Readership was small, but the5656stated goal was ``quality, not clicks.''56575658    Its former top editor has denied that New Frame had a pro-China5659slant. But a former reporter, Anna Majavu, said that an editor removed5660criticism of Chinese labor practices from a story on mining. ``The5661resistance from the editor was purely political,'' she said.56625663    In June 2022, an editor, Darryl Accone, wrote a resignation letter5664criticizing New Frame's soft coverage of China and Russia. The5665``unavoidable conclusion,'' he wrote, ``is that this is an ideological5666directive emanating from above and outside New Frame.''5667                       `Always Follow the Party'5668    Mr. Singham's office, adorned in red and yellow, sits on the 18th5669floor of Shanghai's swanky Times Square.56705671    A visit shows that he is not alone.56725673    He shares the office with a Chinese media company called Maku5674Group, which says its goal is to ``tell China's story well,'' a term5675commonly used for foreign propaganda. In a Chinese-language job5676advertisement, Maku says it produces text, audio and videos for5677``global networks of popular media and progressive think tanks.''56785679    It can be hard to tell where Maku begins and Mr. Singham's groups5680end.56815682    Nonprofit filings show that nearly $1.8 million flowed from one of5683the UPS store nonprofits to Maku Group. And in 2021, according to a5684Chinese-language news release, Maku and Tricontinental agreed to work5685with a Shanghai university to ``tell China's story'' in Chinese and5686English.56875688    Maku's website shows young people gathering in Mr. Singham's5689office, facing a red banner that reads, in Chinese, ``Always Follow the5690Party.'' Resting on a shelf is a plate depicting Xi Jinping. Maku Group5691did not respond to a request to comment. After The Times began asking5692questions, its website went down for maintenance.56935694    In 2020, Mr. Singham emailed his friends to introduce a newsletter,5695now called Dongsheng News, that covers China in English, French,5696Spanish and Portuguese. Drawing stories from the state media, it blends5697lighthearted news with bureaucratic official prose.56985699    Dongsheng's editors, in China, come from Tricontinental, but its5700address leads to the People's Forum, a Manhattan event space also5701funded by Mr. Singham. Dongsheng ``provides unique progressive coverage5702of China that has been sadly missing,'' Mr. Singham told friends.57035704    His ties to the propaganda machine date back at least to 2019,5705when, corporate documents show, he started a consulting business with5706Chinese partners. Those partners are active in the propaganda5707apparatus, co-owning with the municipal government of Tongren a media5708company that promotes anti-poverty policies.57095710    The small, southwest city of Tongren might seem a niche topic. But5711organizations in Mr. Singham's network have published at least a dozen5712items about peasants there.5713                               Code Pink5714    Ms. Evans, 68, was once a Democratic insider who managed the 19925715Presidential campaign of the California Governor Jerry Brown.57165717    After the 2001 terrorist attacks, she reinvented herself as an5718activist. She became known for pink peace-sign earrings and sit-ins5719that ended with her arrest.57205721    She helped form Code Pink to protest the looming war in Iraq. The5722group became notorious for disrupting Capitol Hill hearings.57235724    Ms. Evans has organized around progressive causes like climate5725change, gender and racism. Until a few years ago, she readily5726criticized China's authoritarian government.57275728    ``We demand China stop brutal repression of their women's human5729rights defenders,'' she wrote on Twitter in 2015. She later posted on5730Instagram a photo with the Chinese dissident Ai Weiwei.57315732    Since 2017, about a quarter of Code Pink's donations--more than5733$1.4 million--have come from two groups linked to Mr. Singham,5734nonprofit records show. The first was one of the UPS store nonprofits.5735The second was a charity that Goldman Sachs offers as a conduit for5736clients' giving, and that Mr. Singham has used in the past.57375738    Ms. Evans now stridently supports China. She casts it as a defender5739of the oppressed and a model for economic growth without slavery or5740war. ``If the U.S. crushes China,'' she said in 2021, it ``would cutoff5741hope for the human race and life on Earth.''57425743    She describes the Uyghurs as terrorists and defends their mass5744detention. ``We have to do something,'' she said in 2021. In a recent5745YouTube video chat, she was asked if she had anything negative to say5746about China.57475748    ``I can't, for the life of me, think of anything,'' Ms. Evans5749responded. She ultimately had one complaint: She had trouble using5750China's phone-based payment apps.57515752    Ms. Evans declined to answer questions about funding from her5753husband but said Code Pink had never taken money from any government.5754``I deny your suggestion that I follow the direction of any political5755party, my husband or any other government or their representatives,''5756she said in a written statement. ``I have always followed my values.''57575758    Few on the American political left would discuss the couple5759publicly, fearing lawsuits or harassment. Others said that criticism5760would undermine progressive causes. But Howie Hawkins, the 2020 Green5761Party Presidential nominee, said he had soured on Code Pink and others5762in the Singham network that presented themselves as pro-labor but5763supported governments that suppressed workers. ``To defend that, or5764excuse that, really pushes them outside what the left ought to be,'' he5765said.57665767    Code Pink is not alone among left-wing groups in raising concerns5768about anti-Asian discrimination and tensions between Beijing and5769Washington.57705771    But Code Pink goes further, defending the Chinese government's5772policies. In a 2021 video, a staff member compared Hong Kong's pro-5773democracy demonstrators to the rioters who stormed the Capitol on5774January 6 that year.57755776    In June, Code Pink activists visited staff members on the House5777Select Committee on China unannounced. In the office of Representative5778Seth Moulton, Democrat of Massachusetts, activists denied evidence of5779forced labor in Xinjiang and said the Congressman should visit and see5780how happy people were there, according to an aide.57815782    ``They are capitalizing on very legitimate concerns in order to5783push this pro-authoritarian narrative,'' said Brian Hioe, an editor5784with New Bloom, a progressive Taiwanese news site. ``And their ideas5785end up circulating in a way that affects mainstream discourse.''5786Chinese state media accounts have retweeted people and organizations in5787Mr. Singham's network at least 122 times since February 2020, a Times5788analysis found, mostly accounts connected with No cold war and Code5789Pink.57905791    This May, Mr. Singham attended the opening of a media institute in5792Shanghai. Organizers distributed tote bags reading ``Communications as5793solidarity.''57945795    Just last month, Mr. Singham attended a Chinese Communist Party5796propaganda forum. In a photo, taken during a breakout session on how to5797promote the party abroad, Mr. Singham is seen jotting in a notebook5798adorned with a red hammer and sickle.57995800    Joy Dong, Michael Forsythe, Flavia Milhorance, Liu Yi and Suhasini5801Raj contributed reporting. Susan C. Beachy and Michelle Lum contributed5802research.58035804    Audio produced by Jack D'Isidoro.5805                                 ______58065807 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]58085809                        QUESTIONS FOR THE RECORD58105811       Responses by Rabbi Shemtov to Questions of Senator Hassan5812                             senator hassan5813    Question 1.Hate directed toward Jewish Americans is un-American,5814unacceptable, and must end.58155816    One step we must take to counter such hate is by investing in5817Holocaust education programs so that our young people understand the5818evils that drive antisemitism.58195820    In December, Congress passed the Never Again Education5821Reauthorization Act with overwhelming bipartisan support. This law5822provides critical funding for holocaust education at schools.58235824    Rabbi Shemtov, what role does Holocaust education have in fighting5825the spread of antisemitism and developing a more informed citizenry?58265827    Answer 1. No written response was submitted.5828                                 ______58295830        Responses by Carly Gammill to Questions of Senator Scott5831                             senator scott58325833    In 2017, Mr. Paul Clement wrote a letter to Members of Congress5834regarding the constitutionality of the Antisemitism Awareness Act. Mr.5835Clement served as the 43rd Solicitor General of the United States under5836President George W. Bush. Omitting footnotes and citations, Mr. Clement5837wrote the following about the Antisemitism Awareness Act:58385839    Dear Senator/Representative:58405841    I write on behalf of the ADL, the Simon Wiesenthal Center, AIPAC,5842and the Jewish Federations of North America. These four organizations5843have differing perspectives on many issues, but they speak with one5844voice in their support of the Anti-Semitism Awareness Act. That bill5845would supplement existing law prohibiting anti-Semitic harassment on5846college campuses by providing a much-needed and workable definition of5847anti-Semitism, one that is already employed by the Federal Government5848in other contexts. This proposal passed the Senate unanimously last5849year, but it stalled in the House of Representatives based in part on5850suggestions that the Act would violate the First Amendment.58515852    While efforts by public universities to directly regulate student5853speech do raise serious First Amendment issues, the Act is5854fundamentally different and concerns about its constitutionality are5855misplaced for multiple reasons. First, the Act includes a savings5856clause that ensures the Act will be implemented consistently with the5857First Amendment. Second, the Act adds a definition to an existing law5858that addresses conduct, not speech. Title VI already has been5859interpreted to charge universities with prohibiting harassment on a5860number of forbidden bases, including anti-Semitism. That charge is5861compatible with the commands of the Supreme Court's First Amendment5862jurisprudence because it does not license universities to prohibit any5863speech, but only to reach certain conduct that rises to a level of5864harassment when it is undertaken on a forbidden basis such as racism or5865anti-Semitism. Supreme Court precedent allows the government to police5866such conduct and to consider speech as evidence of a forbidden intent,5867and it distinguishes the evidentiary use of speech from direct5868prohibitions on the speech itself. The Act builds on those existing5869laws and distinctions. Third, the Act simply adds a definition of anti-5870Semitism to existing law. Existing law prohibits harassment motivated5871by anti-Semitism without providing Education Department officials or5872university officials with a workable definition of anti-Semitism. It is5873hard to see how providing those officials with such a definition will5874create a First Amendment problem. To the contrary, defining this5875critical term by statute advances First Amendment values by providing5876clarity and ensuring that the definition of this term does not vary5877from official to official or from administration to administration.58785879    The ADL, the Simon Wiesenthal Center, AIPAC, and the Jewish5880Federation of North America all support the Anti-Semitism Awareness Act5881as sound policy. Indeed, if policy objections to the Act are raised,5882these organizations stand ready to join issue. But the debate over the5883Act should take place as a policy matter, not based on misplaced5884constitutional concerns. The Act conforms with Supreme Court precedent5885and adds a savings clause for good measure. Indeed, all the Act adds to5886existing law is a definition which provides clarity and serves, rather5887than defeats, First Amendment values.5888                               Background5889    Anti-Semitism on college campuses is a serious and growing problem.5890According to a recent report, there were 941 anti-Semitic incidents in5891the United States in 2015, including 56 assaults. The FBI has found5892that over half of the religiously motivated hate-crimes in 2015 were5893motivated by anti-Jewish bias. And the number of anti-Semitic incidents5894on college campuses doubled in 2015--accounting for 10 percent of all5895domestic anti-Semitic incidents. These 90 incidents, across 60 college5896campuses, include: spray-painting and drawing swastikas on residency5897halls and predominantly Jewish fraternities; taping the word ``JEW''5898and a swastika next to a student's Israeli flag in his room; and5899writing that ``Zionists should be sent to the gas chamber'' in a campus5900bathroom.59015902    Existing Federal law already charges universities with protecting5903students from such harassment on campus. Under Title VI, ``[n]o person5904in the United States shall, on the ground of race, color, or national5905origin, be excluded from participation in, be denied the benefits of,5906or be subjected to discrimination under any program or activity5907receiving Federal financial assistance.'' As the U.S. Supreme Court has5908explained, that law obligates universities receiving Federal funds to5909prevent peer-to-peer harassment when the harassment ``is so severe,5910pervasive, and objectively offensive that it effectively bars the5911victim's access to an educational opportunity or benefit.'' A5912university may not tolerate such extreme forms of harassment, and a5913failure to take action to redress known incidents of such conduct can5914lead to Federal remedial action.59155916    That protection extends to Jewish students under existing law. As5917the Departments of Education and Justice have both concluded, schools5918must protect Jewish students (as well as Muslims, Sikhs, and any other5919religious groups perceived to share ethnic characteristics) from5920``discrimination on the basis of actual or perceived shared ancestry or5921ethnic characteristics.'' Given those findings, universities are5922obligated under current law to protect their Jewish students from5923severe, pervasive, and objectively offensive harassment that is5924motivated by anti-Semitism.59255926    As with any kind of discrimination, it can sometimes be hard to5927tell whether a specific incident was actually motivated by anti-5928Semitism. And officials charged with implementing Title VI face a5929unique challenge when it comes to addressing anti-Semitic conduct,5930namely that anti-Semitism can be disguised as criticism of Israel or5931Zionism. Despite that difficulty, to date, the Education Department has5932not set forth any definition of anti-Semitism to guide universities or5933officials charged with implementing Title VI. The impact of this5934omission on enforcement has been dramatic. Even though the Education5935Department interprets Title VI to reach anti-Semitism and even though5936the Department has promised, since 2004, to combat anti-Semitism on5937campuses, the Department's Office of Civil Rights has not brought a5938single action relating to anti-Semitic harassment on college campuses.5939(At the same time, OCR has pursued a range of actions relating to5940harassment of non-Jewish students on college campuses based on racial5941or ethnic bias.) Without a clear definition of anti-Semitism, the5942Department evidently does not have the confidence and clarity to act.59435944    The Anti-Semitism Awareness Act is designed to fill that5945definitional gap. For the first time, the Act offers a clear definition5946of anti-Semitism for the Department to ``take into consideration'' when5947deciding if an incident ``was motivated by anti-Semitic intent.''5948Specifically, the Act, which draws its definition from the State5949Department's established approach, clarifies that anti-Semitism ``is a5950certain perception of Jews, which may be expressed as hatred toward5951Jews. Rhetorical and physical manifestations of anti-Semitism are5952directed toward Jewish or non-Jewish individuals and/or their property,5953toward Jewish community institutions and religious facilities.'' And in5954an effort to provide further clarity--including on whether and when5955extreme anti-Zionist acts indicate anti-Semitic intent--the Act offers5956a series of concrete examples of anti-Semitism. The Act directs the5957Department to consider both the definition and examples when deciding5958whether Jewish students are being denied the discrimination-free5959education that everyone deserves and is guaranteed under law.5960             The Act Is Consistent With The First Amendment5961    The Senate unanimously passed the Anti-Semitism Awareness Act on5962December 1, 2016, but the bill stalled in the House of Representatives5963based at least in part on suggestions that the Act is unconstitutional.5964Opponents of the bill have suggested that the Act is unconstitutional5965because it improperly regulates campus speech against Israel and5966because its definition of anti-Semitism is too vague. These5967constitutional objections to the Act are misplaced for three principal5968reasons.59695970    First, any suggestion that the Act is unconstitutional immediately5971runs into the clear text of the Act's savings clause. That clause in5972the bill passed by the Senate last year provides that: ``Nothing in5973this Act, or an amendment made by this Act, shall be construed to5974diminish or infringe upon any right protected under the First5975Amendment.'' At one level, the savings clause states a truism, as no5976statute can diminish a constitutional right, and a statute that in fact5977infringes upon a right protected under the First Amendment would be5978unconstitutional to that extent. But at a more fundamental level, the5979savings clause underscores that the Act can be implemented consistent5980with the First Amendment and, more important, directs that the Act be5981implemented in that manner. As the balance of this letter indicates,5982the implementation of Title VI undeniably implicates First Amendment5983issues, since speech may be relevant in judging whether harassment is5984motivated by the specific forms of animus addressed by Title VI. But5985Title VI can be implemented consistent with First Amendment values and5986precedent as long as Education Department officials honor the speech/5987conduct and prohibition/evidence distinctions (discussed below) that5988underlie the Supreme Court's First Amendment jurisprudence. The savings5989clause underscores Congress' intent that Education Department officials5990do just that--i.e., that they implement both Title VI and the Act in a5991manner that is fully consistent with the First Amendment.59925993    Second, opponents are wrong to suggest that the Anti-Semitism5994Awareness Act regulates anti-Israel speech and therefore violates the5995First Amendment. Congress cannot pass a law preventing individuals from5996speaking out against Israel any more than Congress can prohibit5997criticism of the United States (or any other country). The Act,5998however, does nothing of the sort. Not only does the Act feature a5999savings clause, but the definition that the Act adopts expressly6000underscores that any ``criticism of Israel similar to that leveled6001against any other country cannot be regarded as anti-Semitic.'' Put6002simply, the bill does not punish political speech against Israel; it6003says that such political criticism is fair game.60046005    More fundamentally, the Act does not regulate campus speech against6006Israel because it does not regulate speech at all. The Act does not6007prohibit individuals from claiming that ``Jewish citizens [are] more6008loyal to Israel,'' that Jewish people ``invent[ed] or exaggerate[ed]6009the Holocaust,'' or anything else on the State Department's list. That6010kind of speech, no matter how offensive and despicable, receives full6011protection under the First Amendment--and the Act does not purport to6012punish it. In fact, the Act does not impose any new obligations, but6013simply provides a clarifying definition to help Education Department6014officials identify what is already prohibited under existing law. All6015of the relevant obligations already exist and are imposed by Title VI,6016not by the Act itself. Current law already requires universities to6017prevent severe, pervasive, and objectively offensive peer-to-peer6018harassment motivated by several forms of prohibited animus, including6019anti-Semitism. The Act does not alter what qualifies as sufficient6020harassment under that statute or the relevant precedents that6021distinguish between prohibited harassment and protected speech. All the6022Act does is help Education Department and university officials figure6023out which severe, pervasive, and objectively offensive harassing6024conduct actually reflects anti-Semitic intent. In that way, this bill6025offers a rule of evidence, not a restriction on speech. The fact that6026certain speech is protected does not mean that officials have to close6027their eyes to that speech entirely when determining the impetus behind6028a particularly severe act of harassment.60296030    In fact, this distinction is critical to ensuring that all the6031prohibitions in Title VI (and other statutes) conform with the First6032Amendment. To take one example, the Supreme Court has held that6033hateful, racist speech gets full First Amendment protection. For that6034reason, Congress cannot pass a law simply barring all individuals from6035employing that kind of language, no matter how odious, on college6036campuses. That is why direct efforts by public universities to regulate6037student speech through speech codes raise serious First Amendment6038difficulties. But at the same time, the Education Department is6039permitted to consider such hateful speech when deciding if severe,6040pervasive, and objectively offensive harassment aimed at African6041American students is motivated by racism. The same is true under6042current law when it comes to severe, pervasive, and objectively6043offensive harassment motivated by anti-Semitism. Current Title VI law6044already reaches such improperly motivated conduct, and current Supreme6045Court doctrine makes clear that as long as the government addresses6046improperly motivated conduct and not speech itself, the First Amendment6047is not violated. As the Court explained in an opinion authored by6048Justice Scalia, some speech ``can be swept up incidentally within the6049reach of a statute directed at conduct rather than speech.'' And as6050former Chief Justice Rehnquist explained for a unanimous Court: ``The6051First Amendment . . . does not prohibit the evidentiary use of speech6052to establish the elements of a crime or to prove motive or intent.''6053All the Act adds to this existing framework is a definition for anti-6054Semitism, which is currently undefined in Title VI and its implementing6055regulations. Thus, the suggestions that the Act violates the First6056Amendment is really an attack on the constitutionality of Title VI as a6057whole.60586059    The principle that protected speech can permissibly serve as6060evidence of improper motive is hardly unique to Title VI. Just as Title6061VI protects individuals from discrimination by federally funded6062organizations, Title VII prohibits workplace discrimination. In this6063context, the Supreme Court has made clear that speech, though protected6064under the First Amendment, can serve as evidence that workplace6065harassment was motivated by discriminatory intent. The distinction6066between a direct prohibition on speech and the use of protected speech6067as evidence is critical. Congress plainly could not enact a law putting6068individuals in jail for using sexist language without violating the6069First Amendment. But that same constitutionally protected speech can be6070offered as evidence of illegal sex-based discrimination in hiring,6071promotions, and the like. As Justice Scalia wrote for the Court, while6072certain sexist speech may not be directly banned based on its content,6073that same speech ``may produce a violation of Title VII's general6074prohibition against sexual discrimination in employment practices.''6075And so the Supreme Court has repeatedly--in opinions written by6076justices across the ideological spectrum--allowed for claims that6077relied, at least in part, on coworker and manager statements as6078evidence. The distinction is straightforward and critical: The speech6079is protected, but it can reveal that workplace harassment or other6080mistreatment was, in fact, motivated by sexism. The Act is fully6081consistent with that constitutionally vital distinction: it in no way6082directly prohibits any speech, but it helps the Education Department6083understand which incidents were motivated by anti-Semitic intent.60846085    Third, by providing a definition for a critical term, the Act6086provides clarity and avoids the prospect of the definition of this6087critical term changing from official to official and from6088administration to administration. Far from creating any vagueness6089problem, adding a stable statutory definition advances and protects6090First Amendment interests. The Constitution, of course, prohibits6091Congress from enacting statutes so unclear that someone would struggle6092to distinguish between what the law makes lawful and unlawful. But even6093leaving aside that the Anti-Semitism Awareness Act does not regulate6094the primary conduct of ordinary citizens (and instead imposes6095obligations on recipients of Federal funds who maintain the power to6096decline funding or at least to seek clarity from regulatory officials),6097the Act can hardly be the source of any vagueness problem because it6098actually makes the law in this area more clear, not less.60996100    As explained above, Title VI already requires universities that6101receive Federal funds to prevent anti-Semitic harassment against their6102students. Presently, there is no guidance given to the Department,6103universities, or individuals regarding what constitutes anti-Semitic6104intent, and no guidance regarding when, if ever, anti-Zionist acts can6105reveal such intent. It is up to individual Education Department6106officials to decide on an ad hoc basis. Such ``ad hocery,'' to borrow a6107phrase, 19 is generally an anathema to First Amendment values. The Act6108answers those open questions by providing a non-exhaustive, clarifying6109definition and examples, and in doing so helps the Department and6110universities understand what is (and is not) anti-Semitism. Nothing in6111current doctrine supports the counterintuitive notion that a law that6112clarifies what evidence indicates anti-Semitic motive could fail for6113vagueness, when the current interpretation of Title VI, which reaches6114anti-Semitism without defining the term, does not. As Justice Thomas6115wrote for the Court in another context earlier this month, ``if a6116system of unfettered discretion is not unconstitutionally vague, then6117it is difficult to see how the [proposed] system of guided discretion6118could be.''61196120    That is especially true where, as here, the alternative would be to6121leave the issue up to the unfettered discretion of Education Department6122officials. Letting the agency charged with enforcing Title VI decide6123all questions about whether conduct does or does not reflect anti-6124Semitism--rather than having Congress lay out a definition--is hardly6125the better approach under the First Amendment. The Supreme Court has6126been profoundly skeptical of the idea that First Amendment problems can6127be avoided by counting on the agency or a prosecutor to adopt a narrow6128reading of the law. Instead, from the standpoint of First Amendment6129values, it is far better for Congress to clarify the law for everyone,6130including for the agency charged with implementation. That is6131particularly true when it comes to Title VI and peer-to-peer harassment6132on college campuses. Title VI directs Federal funding recipients not6133only to refrain from direct discrimination, but to avoid tolerating6134peer-to-peer harassment that is so pervasive as to deny students access6135to programs. But it is only appropriate to hold fund recipients6136responsible for peer-to-peer harassment when the fund recipients6137themselves fail to take adequate steps to prevent and redress such6138conduct. To implement the prohibition against anti-Semitism in that6139context makes it critical that university officials, as well as6140Education Department officials, have a common conception of what6141constitutes anti-Semitism. The Act does just that, while the status quo6142provides a vacuum that coincides with and may well explain the complete6143absence of any enforcement actions against anti-Semitism on college6144campuses.61456146    The Anti-Semitism Awareness Act enjoyed not just bipartisan, but6147unanimous, support in the Senate last year. When the bill arrived in6148the House of Representatives, what emerged were not policy objections,6149but suggestions that the Act was incompatible with the First Amendment.6150Those concerns are misplaced. Not only does the Act include a savings6151clause, but it reflects the same distinctions that underlie Title VI6152and Title VII and make the statutes fully compatible with First6153Amendment doctrine. Congress cannot prohibit anti-Semitic or racist6154speech on campus or the workplace, but Congress can prohibit harassment6155motivated by race or anti-Semitism and government officials can look at6156protected speech in judging whether such an impermissible motive is6157present. Indeed, that is precisely what the Education Department is6158doing with respect to Title VI and anti-Semitism right now, but it is6159undertaking that task without the benefit of any definition. The Act6160fills that gap, and in doing so serves First Amendment values rather6161than creates vagueness problems. None of this is to deny that there are6162serious First Amendment issues raised by efforts to directly regulate6163campus speech. But that is not what the Act does, and passage of the6164Act should not be delayed based on misplaced constitutional concerns.61656166    Very truly yours,61676168    Paul D. Clement.61696170    Later that year, Mr. Clement prepared a statement before the U.S.6171House of Representatives Committee on the Judiciary where he also6172discussed the constitutionality of the Antisemitism Awareness Act.6173Omitting footnotes and citations, Mr. Clement's statement reads:61746175    Chairman Goodlatte, Congressman Conyers, and other distinguished6176Members of the Committee, thank you for the opportunity to speak with6177you today about the serious problem addressed in today's hearing and6178the constitutionality of proposed legislation designed to redress that6179problem.61806181    As a Partner at Kirkland & Ellis, it is my privilege to represent6182the ADL, the Simon Wiesenthal Center, AIPAC, and the Jewish Federations6183of North America in conjunction with the proposed Anti-Semitism6184Awareness Act. These four organizations have differing perspectives on6185many issues, but they speak with one voice in their support of the6186Anti-Semitism Awareness Act. That bill would supplement existing law6187prohibiting anti-Semitic harassment on college campuses by providing a6188much-needed and workable definition of anti-Semitism, one that has6189already been used by the Federal Government in other contexts. This6190proposal passed the Senate unanimously last year, but it stalled in the6191House of Representatives based in part on suggestions that the Act6192would violate the First Amendment.61936194    While efforts by public universities to directly regulate student6195speech do raise serious First Amendment issues, the Act is6196fundamentally different and concerns about its constitutionality are6197misplaced for multiple reasons. First, the Act includes a savings6198clause that ensures the Act will be implemented consistently with the6199First Amendment. Second, the Act adds a definition to an existing law6200that addresses conduct, not speech. Title VI already has been6201interpreted to charge universities with prohibiting harassment on a6202number of forbidden bases, including anti-Semitism. That charge is6203compatible with the commands of the Supreme Court's First Amendment6204jurisprudence because it does not license universities to prohibit any6205speech, but only to reach certain conduct that rises to a level of6206harassment when it is undertaken on a forbidden basis such as racism or6207anti-Semitism. Supreme Court precedent allows the government to police6208such conduct and to consider speech as evidence of a forbidden intent,6209and it distinguishes the evidentiary use of speech from direct6210prohibitions on the speech itself. The Act builds on those existing6211laws and distinctions.62126213    Third, the Act simply adds a definition of anti-Semitism to6214existing law. Existing law prohibits harassment motivated by anti-6215Semitism without providing Education Department officials or university6216officials with a workable definition of anti-Semitism. It is hard to6217see how providing those officials with such a definition will create a6218First Amendment problem. To the contrary, defining this critical term6219by statute advances First Amendment values by providing clarity and6220ensuring that the definition of this term does not vary from official6221to official or from administration to administration.62226223    The ADL, the Simon Wiesenthal Center, AIPAC, and the Jewish6224Federation of North America all support the Anti-Semitism Awareness Act6225as sound policy. Indeed, if policy objections to the Act are raised,6226these organizations stand ready to join issue. But the debate over the6227Act should take place as a policy matter, not based on misplaced6228constitutional concerns. The Act conforms with Supreme Court precedent6229and adds a savings clause for good measure. Indeed, all the Act adds to6230existing law is a definition which provides clarity and serves, rather6231than defeats, First Amendment values.6232                               Background6233    Anti-Semitism on college campuses is a serious and growing problem.6234According to a recent report, there were 1,299 anti-Semitic incidents6235in the United States from January to September of this year. That6236number has been rising in each of the past few years. Indeed, the FBI6237found that over half of the religiously motivated hate-crimes in 20156238(the most recent hate-crimes statistics available) were motivated by6239anti-Jewish bias. And the number of anti-Semitic incidents on college6240campuses rose sharply this year--``a total of 118 anti-Semitic6241incidents were reported in the first three quarters of 2017, compared6242to 74 in the same period of 2016--an increase of 59 percent.'' Anti-6243Semitic incidents on college campuses have included: spray-painting and6244drawing swastikas on residency halls and predominantly Jewish6245fraternities; taping the word ``JEW'' and a swastika next to a6246student's Israeli flag in his room; and writing that ``Zionists should6247be sent to the gas chamber'' in a campus bathroom.62486249    Existing Federal law already charges universities with protecting6250students from such harassment on campus. Under Title VI, ``[n]o person6251in the United States shall, on the ground of race, color, or national6252origin, be excluded from participation in, be denied the benefits of,6253or be subjected to discrimination under any program or activity6254receiving Federal financial assistance.'' As the U.S. Supreme Court has6255explained, that law obligates universities receiving Federal funds to6256prevent peer-to-peer harassment when the harassment ``is so severe,6257pervasive, and objectively offensive that it effectively bars the6258victim's access to an educational opportunity or benefit.'' A6259university may not tolerate such extreme forms of harassment, and a6260failure to take action to redress known incidents of such conduct can6261lead to Federal remedial action. That protection extends to Jewish6262students under existing law. As the Departments of Education and6263Justice have both concluded, schools must protect Jewish students (as6264well as Muslims, Sikhs, and any other religious groups perceived to6265share ethnic characteristics) from ``discrimination on the basis of6266actual or perceived shared ancestry or ethnic characteristics.'' Given6267those findings, universities are obligated under current law to protect6268their Jewish students from severe, pervasive, and objectively offensive6269harassment that is motivated by anti-Semitism.62706271    As with any kind of discrimination, it can sometimes be hard to6272tell whether a specific incident was actually motivated by anti-6273Semitism. And officials charged with implementing Title VI face a6274unique challenge when it comes to addressing anti-Semitic conduct,6275namely that anti-Semitism can be disguised as criticism of Israel or6276Zionism. Despite that difficulty, to date, the Education Department has6277not set forth any definition of anti-Semitism to guide universities or6278officials charged with implementing Title VI. The impact of this6279omission on enforcement has been dramatic. Even though the Education6280Department interprets Title VI to reach anti-Semitism and even though6281the Department has promised, since 2004, to combat anti-Semitism on6282campuses, the Department's Office of Civil Rights has not brought a6283single action relating to anti-Semitic harassment on college campuses.6284(At the same time, OCR has pursued a range of actions relating to6285harassment of non-Jewish students on college campuses based on racial6286or ethnic bias.) Without a clear definition of anti-Semitism, the6287Department evidently does not have the confidence and clarity to act.62886289    The Anti-Semitism Awareness Act is designed to fill that6290definitional gap. For the first time, the Act offers a clear definition6291of anti-Semitism for the Department to ``take into consideration'' when6292deciding if an incident ``was motivated by anti-Semitic intent.''6293Specifically, the Act, which draws its definition from the State6294Department's established approach, clarifies that anti-Semitism ``is a6295certain perception of Jews, which may be expressed as hatred toward6296Jews. Rhetorical and physical manifestations of anti-Semitism are6297directed toward Jewish or non-Jewish individuals and/or their property,6298toward Jewish community institutions and religious facilities.'' And in6299an effort to provide further clarity--including on whether and when6300extreme anti-Zionist acts indicate anti-Semitic intent--the Act offers6301a series of concrete examples of anti-Semitism. The Act directs the6302Department to consider both the definition and examples when deciding6303whether Jewish students are being denied the discrimination-free6304education that everyone deserves and is guaranteed under law.6305             The Act Is Consistent With The First Amendment6306    The Senate unanimously passed the Anti-Semitism Awareness Act on6307December 1, 2016, but the bill stalled in the House of Representatives6308based at least in part on suggestions that the Act is unconstitutional.6309Opponents of the bill have suggested that the Act is unconstitutional6310because it improperly regulates campus speech against Israel and6311because its definition of anti-Semitism is too vague. These6312constitutional objections to the Act are misplaced for three principal6313reasons.63146315    First, any suggestion that the Act is unconstitutional immediately6316runs into the clear text of the Act's savings clause. That clause in6317the bill passed by the Senate last year provides that: ``Nothing in6318this Act, or an amendment made by this Act, shall be construed to6319diminish or infringe upon any right protected under the First6320Amendment.'' At one level, the savings clause states a truism, as no6321statute can diminish a constitutional right, and a statute that in fact6322infringes upon a right protected under the First Amendment would be6323unconstitutional to that extent. But at a more fundamental level, the6324savings clause underscores that the Act can be implemented consistent6325with the First Amendment and, more important, directs that the Act be6326implemented in that manner. As the balance of this letter indicates,6327the implementation of Title VI undeniably implicates First Amendment6328issues, since speech may be relevant in judging whether harassment is6329motivated by the specific forms of animus addressed by Title VI. But6330Title VI can be implemented consistent with First Amendment values and6331precedent as long as Education Department officials honor the speech/6332conduct and prohibition/evidence distinctions (discussed below) that6333underlie the Supreme Court's First Amendment jurisprudence. The savings6334clause underscores Congress' intent that Education Department officials6335do just that--implement both Title VI and the Act in a manner that is6336fully consistent with the First Amendment.63376338    Second, opponents are wrong to suggest that the Anti-Semitism6339Awareness Act regulates anti-Israel speech and therefore violates the6340First Amendment. Congress cannot pass a law preventing individuals from6341speaking out against Israel any more than Congress can prohibit6342criticism of the United States (or any other country). The Act,6343however, does nothing of the sort. Not only does the Act feature a6344savings clause, but the definition that the Act adopts expressly6345underscores that any ``criticism of Israel similar to that leveled6346against any other country cannot be regarded as anti-Semitic.'' Put6347simply, the bill does not punish political speech against Israel; it6348says that such political criticism is fair game.63496350    More fundamentally, the Act does not regulate campus speech against6351Israel because it does not regulate speech at all. The Act does not6352prohibit individuals from claiming that ``Jewish citizens [are] more6353loyal to Israel,'' that Jewish people ``invent[ed] or exaggerate[ed]6354the Holocaust,'' or anything else on the State Department's list. That6355kind of speech, no matter how offensive and despicable, receives full6356protection under the First Amendment--and the Act does not purport to6357punish it. In fact, the Act does not impose any new obligations, but6358simply provides a clarifying definition to help Education Department6359officials identify what is already prohibited under existing law. All6360of the relevant obligations already exist and are imposed by Title VI,6361not by the Act itself. Current law already requires universities to6362prevent severe, pervasive, and objectively offensive peer-to-peer6363harassment motivated by several forms of prohibited animus, including6364anti-Semitism. The Act does not alter what qualifies as sufficient6365harassment under that statute or the relevant precedents that6366distinguish between prohibited harassment and protected speech. All the6367Act does is help Education Department and university officials figure6368out which severe, pervasive, and objectively offensive harassing6369conduct actually reflects anti-Semitic intent. In that way, this bill6370offers a rule of evidence, not a restriction on speech. The fact that6371certain speech is protected does not mean that officials have to close6372their eyes to that speech entirely when determining the impetus behind6373a particularly severe act of harassment.63746375    In fact, this distinction is critical to ensuring that all the6376prohibitions in Title VI (and other statutes) conform with the First6377Amendment. To take one example, the Supreme Court has held that6378hateful, racist speech gets full First Amendment protection. For that6379reason, Congress cannot pass a law simply barring all individuals from6380employing that kind of language, no matter how odious, on college6381campuses. That is why direct efforts by public universities to regulate6382student speech through speech codes raise serious First Amendment6383difficulties. But at the same time, the Education Department is6384permitted to consider such hateful speech when deciding if severe,6385pervasive, and objectively offensive harassment aimed at African6386American students is motivated by racism. The same is true under6387current law when it comes to severe, pervasive, and objectively6388offensive harassment motivated by anti-Semitism. Current Title VI law6389already reaches such improperly motivated conduct, and current Supreme6390Court doctrine makes clear that as long as the government addresses6391improperly motivated conduct and not speech itself, the First Amendment6392is not violated. As the Court explained in an opinion authored by6393Justice Scalia, some speech ``can be swept up incidentally within the6394reach of a statute directed at conduct rather than speech.'' And as6395former Chief Justice Rehnquist explained for a unanimous Court: ``The6396First Amendment . . . does not prohibit the evidentiary use of speech6397to establish the elements of a crime or to prove motive or intent.''6398All the Act adds to this existing framework is a definition for anti-6399Semitism, which is currently undefined in Title VI and its implementing6400regulations. Thus, the suggestions that the Act violates the First6401Amendment is really an attack on the constitutionality of Title VI as a6402whole.64036404    The principle that protected speech can permissibly serve as6405evidence of improper motive is hardly unique to Title VI. Just as Title6406VI protects individuals from discrimination by federally funded6407organizations, Title VII prohibits workplace discrimination. In this6408context, the Supreme Court has made clear that speech, though protected6409under the First Amendment, can serve as evidence that workplace6410harassment was motivated by discriminatory intent. The distinction6411between a direct prohibition on speech and the use of protected speech6412as evidence is critical. Congress plainly could not enact a law putting6413individuals in jail for using sexist language without violating the6414First Amendment. But that same constitutionally protected speech can be6415offered as evidence of illegal sex-based discrimination in hiring,6416promotions, and the like. As Justice Scalia wrote for the Court, while6417certain sexist speech may not be directly banned based on its content,6418that same speech ``may produce a violation of Title VII's general6419prohibition against sexual discrimination in employment practices.''6420And so the Supreme Court has repeatedly--in opinions written by6421justices across the ideological spectrum--allowed for claims that6422relied, at least in part, on coworker and manager statements as6423evidence. The distinction is straightforward and critical: The speech6424is protected, but it can reveal that workplace harassment or other6425mistreatment was, in fact, motivated by sexism. The Act is fully6426consistent with that constitutionally vital distinction: it in no way6427directly prohibits any speech, but it helps the Education Department6428understand which incidents were motivated by anti-Semitic intent.64296430    Third, by providing a definition for a critical term, the Act6431provides clarity and avoids the prospect of the definition of this6432critical term changing from official to official and from6433administration to administration. Far from creating any vagueness6434problem, adding a stable statutory definition advances and protects6435First Amendment interests. The Constitution, of course, prohibits6436Congress from enacting statutes so unclear that someone would struggle6437to distinguish between what the law makes lawful and unlawful. But even6438leaving aside that the Anti-Semitism Awareness Act does not regulate6439the primary conduct of ordinary citizens (and instead imposes6440obligations on recipients of Federal funds who maintain the power to6441decline funding or at least to seek clarity from regulatory officials),6442the Act can hardly be the source of any vagueness problem because it6443actually makes the law in this area more clear, not less.64446445    As explained above, Title VI already requires universities that6446receive Federal funds to prevent anti-Semitic harassment against their6447students. Presently, there is no guidance given to the Department,6448universities, or individuals regarding what constitutes anti-Semitic6449intent, and no guidance regarding when, if ever, anti-Zionist acts can6450reveal such intent. It is up to individual Education Department6451officials to decide on an ad hoc basis. Such ``ad hocery,'' to borrow a6452phrase, is generally an anathema to First Amendment values. The Act6453answers those open questions by providing a non-exhaustive, clarifying6454definition and examples, and in doing so helps the Department and6455universities understand what is (and is not) anti-Semitism. Nothing in6456current doctrine supports the counterintuitive notion that a law that6457clarifies what evidence indicates anti-Semitic motive could fail for6458vagueness, when the current interpretation of Title VI, which reaches6459anti-Semitism without defining the term, does not. As Justice Thomas6460wrote for the Court in another context earlier this year, ``[i]f a6461system of unfettered discretion is not unconstitutionally vague, then6462it is difficult to see how the [proposed] system of guided discretion6463could be.''64646465    That is especially true where, as here, the alternative would be to6466leave the issue up to the unfettered discretion of Education Department6467officials. Letting the agency charged with enforcing Title VI decide6468all questions about whether conduct does or does not reflect anti-6469Semitism--rather than having Congress lay out a definition--is hardly6470the better approach under the First Amendment. The Supreme Court has6471been profoundly skeptical of the idea that First Amendment problems can6472be avoided by counting on the agency or a prosecutor to adopt a narrow6473reading of the law, explaining that ``the First Amendment protects6474against the Government; it does not leave us at the mercy of noblesse6475oblige.'' Instead, from the standpoint of First Amendment values, it is6476far better for Congress to clarify the law for everyone, including for6477the agency charged with implementation. That is particularly true when6478it comes to Title VI and peer-to-peer harassment on college campuses.6479Title VI directs Federal funding recipients not only to refrain from6480direct discrimination, but to avoid tolerating peer-to-peer harassment6481that is so pervasive as to deny students access to programs. But it is6482only appropriate to hold fund recipients responsible for peer-to-peer6483harassment when the fund recipients themselves fail to take adequate6484steps to prevent and redress such conduct. To implement the prohibition6485against anti-Semitism in that context makes it critical that university6486officials, as well as Education Department officials, have a common6487conception of what constitutes anti-Semitism. The Act does just that,6488while the status quo provides a vacuum that coincides with and may well6489explain the complete absence of any enforcement actions against anti-6490Semitism on college campuses.64916492    The Anti-Semitism Awareness Act enjoyed not just bipartisan, but6493unanimous, support in the Senate last year. When the bill arrived in6494the House of Representatives, what emerged were not policy objections,6495but suggestions that the Act was incompatible with the First Amendment.6496Those concerns are misplaced. Not only does the Act include a savings6497clause, but it reflects the same distinctions that underlie Title VI6498and Title VII and make the statutes fully compatible with First6499Amendment doctrine. Congress cannot prohibit anti-Semitic or racist6500speech on campus or the workplace, but Congress can prohibit harassment6501motivated by race or anti-Semitism and government officials can look at6502protected speech in judging whether such an impermissible motive is6503present. Indeed, that is precisely what the Education Department is6504doing with respect to Title VI and anti-Semitism right now, but it is6505undertaking that task without the benefit of any definition. The Act6506fills that gap, and in doing so serves First Amendment values rather6507than creates vagueness problems. None of this is to deny that there are6508serious First Amendment issues raised by efforts to directly regulate6509campus speech. But that is not what the Act does, and passage of the6510Act should not be delayed based on misplaced constitutional concerns.65116512    In 2018, Ms. Kathryn Ruemmler similarly wrote a letter to Members6513of Congress regarding the constitutionality of the Antisemitism6514Awareness Act. Ms. Ruemmler served as White House Counsel to President6515Barack Obama. Omitting footnotes, Ms. Ruemmler wrote the following6516about the Antisemitism Awareness Act:65176518    Dear Senator/Representative:65196520    I write on behalf of my client, the Elie Wiesel Foundation for6521Humanity, in support of the Anti-Semitism Awareness Act of 2018 (the6522Act). We understand that concerns have been raised regarding the Act's6523constitutionality, particularly its constitutionality under the First6524Amendment. We have had the opportunity to review Paul Clement's well-6525reasoned letter dated March 20, 2017 on behalf of ADL, the Simon6526Wiesenthal Center, AIPAC, and the Jewish Federations of North America6527and we are in agreement with the support for the Act offered therein.6528Nevertheless, we wanted to offer a different point of emphasis in favor6529of the Act, which we believe is both constitutional and would help to6530combat Anti-Semitism.65316532    As you know, the First Amendment's protection of the right to free6533speech extends to the most offensive speech. Simply put, the government6534may not prohibit even hateful speech.65356536    At the same time, it is equally well established that the First6537Amendment's protections do not extend to conduct, including for example6538conduct in the form of workplace sexual harassment, ethnic6539discrimination, or hate crimes. And the Supreme Court has repeatedly6540made clear that speech can be used as evidence of prohibited conduct.6541That is, speech can be used to show the intent or motive or state of6542mind of the speaker, toward establishing that the speaker committed a6543legally wrongful act, even though the speaker's speech, itself, could6544not be regulated. For example, repeated comments about a woman's6545appearance may provide evidence of workplace sexual harassment, and6546likewise the use of a racial slur may tend to prove an element of a6547hate crime.65486549    Title VI of the Civil Rights Act of 1964 prohibits discrimination-6550i.e., conduct-based on a person's race, color, or national origin by6551any institution receiving Federal financial assistance, including6552universities and colleges receiving Federal funds. The Department of6553Education and the Department of Justice have both determined that Title6554VI's prohibition extends to Jews, Muslims, Sikhs, and any other6555religion groups that share or are perceived to share ethnic6556characteristics. According to longstanding policy by administrations of6557both political parties, this means universities and colleges must take6558steps to prevent anti-Semitism that rises to the level of a hostile6559education environment.65606561    The Anti-Semitism Awareness Act of 2018 would provide potential6562assistance to the Department of Education in its implementation of6563Title VI. Specifically, the Act provides instructive examples of what6564constitutes anti-Semitism, and directs the Department of Education to6565``take into consideration'' those definitions of anti-Semitism ``as6566part of the Department's assessment'' of whether actions may constitute6567a hostile educational environment (Section 4) (emphases added). The Act6568does not direct, or indeed allow, the Department of Education to6569regulate speech as such in any respect. To remove any doubt of such a6570misinterpretation, the Act specifically provides that nothing in it:65716572        ``shall be construed--(1) to expand the authority of the6573        Secretary of Education; (2) to alter the standards pursuant to6574        which the Department of Education makes a determination that6575        harassing conduct amounts to actionable discrimination; or (3)6576        to diminish or infringe upon the rights protected under any6577        other provision of law. . . .''65786579    Section 6(a). In other words, the Act does not increase the6580Department of Education's authority under Title VI (or in any other6581respect), nor does it dilute any rights provided by any other law,6582including of course the First Amendment. On the point, the Act contains6583another provision explicitly stating that nothing in the Act ``shall be6584construed to diminish or infringe upon any right protected under the6585First Amendment.'' (Section 6(b)). Of course, that the Act says it does6586not violate the First Amendment does not make it so. But this6587provision, like the provision quoted just above, does make very clear6588how the Act must be interpreted.65896590    The simple reason the Act does not violate the First Amendment is6591because it in no way regulates, much less prohibits, any speech.6592Instead, it directs the Department of Education to take notice of6593examples of forms of anti-Semitism that the U.S. State Department6594developed in 2010. Those examples include, among others, calling for6595the harming of Jews, making dehumanizing statements, accusing Jews as a6596people of inventing the Holocaust, and using symbols and images6597associated with classic anti-Semitism to characterize Israel or6598Israelis.' While such expressions themselves are protected by the First6599Amendment, they can be considered as evidence to understand the motive6600underlying conduct that is in no way protected by the First Amendment6601(or any other legal right).66026603    That is the central point here. The Act explicitly directs the6604Department of Education to consider these definitions only in the6605course of determining whether a ``practice was motivated by anti-6606Semitic intent'' (Section 4), recognizing, again explicitly, that Title6607VI forbids only ``harassing conduct [that] amounts to actionable6608discrimination'' (Section 6(a)(2)) (emphases added). The Anti-Semitism6609Awareness Act thus does not purport to regulate speech, and cannot6610reasonably be interpreted to do so. Instead, it merely directs the6611Department of Education to consider previously established6612illustrations of anti-Semitism in making its own determination whether6613conduct rises to the level of harassment prohibited by Title VI, and to6614do so in away that does not ``diminish or infringe upon'' free-speech6615rights. For these reasons, the Act does not violate the First6616Amendment.66176618    Best regards,66196620    Kathryn Ruemmler,66216622    of LATHAM & WATKINS LLP.66236624    Last year, Pastor John Hagee of Christians United for Israel and6625Ralph Reed of the Faith and Freedom Coalition wrote a letter regarding6626the Antisemitism Awareness Act where they specifically addressed the6627claims that the bill was ``anti-Christian.'' They wrote:66286629    We, and our members, welcomed President Trump's 2019 Executive6630Order Combating Antisemitism, and we are grateful the Biden6631administration sustained that order. Finally, after 8 years of debate,6632the Antisemitism Awareness Act of 2023, which largely codifies6633President Trump's 2019 Executive Order, was passed by the House on May66341, 2024.66356636    To the Biblically literate, claims that the Antisemitism Awareness6637Act is anti-Christian are as insulting as they are injurious. Speaking6638about the Jewish people, Jesus said, ``Whatever you did for one of the6639least of these brothers and sisters of mine, you did for me.'' (Matthew664025:40) And just as Biblical literacy is a necessary precondition to6641defending Christianity, so too is literacy of this law.66426643    The House's debate over this bill exemplifies the need for this6644legislation. As is clear, the world's oldest hatred is alive and well6645on both fringes of the partisan divide. Likewise, as American colleges6646are taken over by hordes of pro-Hamas demonstrators claiming their6647genocidal ambitions are merely anti-Israel, this legislation is6648timelier than ever.66496650    What the opposition to this legislation is choosing to ignore is6651that this law is about preventing unlawful action--not speech. For the6652law to apply, a student would have to have an unlawful act committed6653against them first, and only thereafter would the definition of6654antisemitism be considered in order to determine whether or not the6655underlying unlawful act was motivated by antisemitism. This definition6656and its examples are only used for guidance, because as we have6657recently seen across American college campuses, you cannot defeat what6658you are unwilling to define.66596660    This law no more stifles free speech than the presence of a6661thermometer would change the temperature. This law is sound. The6662Biblical and moral mandate is clear. We thank Speaker Johnson for6663moving this measure forward and urge the Senate to advance this6664legislation without delay.66656666    Sincerely,66676668    Pastor John Hagee,66696670    National Chairman,66716672    Christians United for Israel.66736674    Ralph E. Reed,66756676    Chairman,66776678    Faith and Freedom Coalition.66796680    Mr. Clement and Ms. Ruemmler both agree that the Antisemitism6681Awareness Act is constitutional. Pastor Hagee and Mr. Reed similarly6682recognize that the bill ``is about preventing unlawful action--not6683speech,'' and they refute the ``anti-Christian'' arguments, calling6684those claims ``as insulting as they are injurious.''66856686    Question 1. Ms. Gammill, can you explain why the Antisemitism6687Awareness Act is constitutional? Can you explain how the Antisemitism6688Awareness Act would help address antisemitism on college campuses?66896690    Answer 1. Chairman Cassidy, Ranking Member Sanders, Senator Scott,6691and Members of the H.E.L.P. Committee,66926693    Thank you for the opportunity to respond to the question regarding6694the constitutionality of the Antisemitism Awareness Act and how this6695legislation can help address the continued problem of pervasive6696antisemitism on college campuses.66976698    I have had the opportunity to review the positions in support of6699the constitutionality of the Antisemitism Awareness Act by Mr. Paul6700Clement and Ms. Kathryn Ruemmler, as provided in Senator Scott's6701question, and I concur with their analyses and conclusions. I would6702therefore like to take this opportunity not to reiterate what they have6703said but to elaborate slightly and focus more on the real target of6704those who take issue with the Act's constitutionality, namely, its6705incorporation of the International Holocaust Remembrance Alliance6706Working Definition of Antisemitism (``IHRA Definition'').67076708    As both Mr. Clement and Ms. Ruemmler correctly highlight, by its6709express terms the Antisemitism Awareness Act shall not be construed in6710any way to (1) extend any new or additional authority to the Secretary6711of Education; (2) alter the standards by which the Department of6712Education determines whether harassing conduct constitutes actionable6713discrimination; or (3) diminish or infringe upon the rights protected6714under any other law in effect, including specifically the First6715Amendment to the United States Constitution.67166717    As such, the Act has one and only one effect: it directs the6718Department of Education, in undertaking its existing responsibilities6719of determining whether there has been a violation of Title VI of the6720Civil Rights Act ``based on an individual's actual or perceived shared6721Jewish ancestry or Jewish ethnic characteristics,'' to ``take into6722consideration'' a specific definition of antisemitism. That definition,6723as identified within the Act, is the IHRA Definition, adopted by the6724IHRA on May 26, 2016, including the ``[c]ontemporary examples of6725antisemitism identified in the IHRA Definition.'' (Importantly, this is6726the international consensus definition of antisemitism and has not only6727wide bipartisan support but also the support of the majority of the6728mainstream Jewish community, as Mr. Clement's letter and testimony6729attest.)67306731    In other words, the Antisemitism Awareness Act simply says to6732Department of Education officials, ``When faced with allegations of6733discrimination based on shared Jewish ancestry or Jewish ethnicity6734(i.e., antisemitism) under Title VI, in determining whether such6735allegations present actionable discrimination (i.e., unlawful6736antisemitism), among the things you are to consider is the IHRA6737Definition of Antisemitism.'' Thus, with the Antisemitism Awareness Act6738in effect, as Department officials are undertaking their existing Title6739VI duties, they will continue to review allegations about antisemitism6740(as well as other forms of discrimination based on race, color, or6741national origin) utilizing pre-existing legal standards as to what6742constitutes actionable discrimination under Title VI (which has never6743included pure, protected speech standing alone but has always been6744limited to conduct, including harassing conduct). \1\ In making this6745determination, they will simply be required under Federal statute (as6746they currently are pursuant to Executive Order 13899) to be guided in6747part by the world's most widely accepted and utilized definition of the6748term ``antisemitism.''6749---------------------------------------------------------------------------6750    \1\  See, e.g., https://www.ed.gov/sites/ed/files/about/offices/6751list/ocr/letters/colleague-202311-discrimination-harassment-shared-6752ancestry.pdf, U.S. Dep't of Education, Office for Civil Rights, Dear6753Colleague Letter, Nov. 7, 2023 (last visited Apr. 23, 2025) (``OCR6754interprets Title VI to mean that the following type of harassment6755creates a hostile environment: unwelcome conduct based on shared6756ancestry or ethnic characteristics that, based on the totality of6757circumstances, is subjectively and objectively offensive and is so6758severe or pervasive that it limits or denies a person's ability to6759participate in or benefit from the recipient's education program or6760activity.'') (emphasis added); see also https://www.ed.gov/sites/ed/6761files/about/offices/list/ocr/letters/colleague-202405-shared-6762ancestry.pdf, U.S. Dep't of Education, Office for Civil Rights, Dear6763Colleague Letter, Mar. 7, 2024 (last visited Apr. 23, 2025) (``The fact6764that harassment may involve conduct that includes speech in a public6765setting or speech that is also motivated by political or religious6766beliefs, however, does not relieve a school of its obligation to6767respond under Title VI as described below, if the harassment creates a6768hostile environment in school for a student or students. Schools have a6769number of tools for responding to a hostile environment--including6770tools that do not restrict any rights protected by the First Amendment.6771To meet its obligation, a university can, among other steps,6772communicate its opposition to stereotypical, derogatory opinions;6773provide counseling and support for students affected by harassment; or6774take steps to establish a welcoming and respectful school campus, which6775could include making clear that the school values, and is determined to6776fully include in the campus community, students of all races, colors,6777and national origins. OCR does not interpret Title VI to require any6778recipient to abridge any rights protected under the First Amendment.6779For instance, if students at a public university engage in offensive6780speech about members of a particular ethnic group and that speech6781contributes to a hostile environment within an education program about6782which the university knows or should know, the university has a legal6783obligation to address that hostile environment for students in school.6784The university may, however, be constrained or limited in how it6785responds if speech is involved.'') (emphases added).67866787    The only way this simple requirement--of taking into consideration6788a specific definition of antisemitism--could conceivably be6789unconstitutional, then, would be if the definition itself ran afoul of6790First Amendment principles, which the IHRA Definition does not. By its6791express terms, the IHRA Definition, like any other definition, provides6792nothing more than information that helps one to better understand what6793may, or may not (``taking into account the overall context''),6794constitute antisemitism. It tells no one what they can or cannot say6795(or do), should or should not say (or do), must or must not say (or6796do). The IHRA Definition carries no legal authority or binding effect.6797Indeed, it neither includes nor suggests any rule, enforcement6798mechanism, or threat of punishment or sanction of any kind. Absent such6799features, it is incapable of running afoul of freedom of speech6800principles, as it does not punish, restrict, chill, \2\ or otherwise6801infringe upon any person's right to engage in, speech (or expressive6802conduct) of any kind. As Mr. Clement has rightly observed, providing a6803consistent, standard definition to guide the Department of Education in6804its understanding of the manifestations of cotemporary antisemitism6805provides greater clarity, not less, which serves not to undermine First6806Amendment principles but rather to bolster them.6807---------------------------------------------------------------------------6808    \2\  Laws and regulations that produce an impermissible ``chilling6809effect'' under the First Amendment are those that would deter6810individuals from exercising a protected right due to some threat of6811legal punishment or sanction. See, e.g., Wieman v. Updegraff, 344 U.S.6812183 (1952); Baggett v. Bullitt, 377 U.S. 360 (1964); Dombrowski v.6813Pfister, 380 U.S. 479 (1965); Reno v. ACLU, 521 U.S. 844 (1997).6814Because the IHRA Definition is not a law or regulation, and, as6815previously stated, includes no rule or enforcement mechanism of any6816kind (or even the suggestion of any rule or enforcement mechanism), it6817is simply incapable of chilling speech. And because the only effect of6818the Antisemitism Awareness Act is to require consideration of the6819information in the IHRA Definition by the Department of Education, in6820undertaking its existing duties under Title VI (pursuant to existing6821legal standards that appropriately distinguish between the treatment of6822protected speech and unprotected conduct), the Act itself likewise6823satisfies First Amendment standards regarding the ``chilling'' of6824speech.68256826    The Department of Education, including its Office for Civil Rights6827(OCR), performs an essential role in ensuring that students are able to6828participate equally in campus programs and activities, free from6829discrimination based on their real or perceived shared ancestry or6830ethnic characteristics. Through its administration of Title VI, OCR6831helps to safeguard taxpayer dollars so that they are not used to6832support institutions that permit such discrimination. Too often,6833however, contemporary forms of antisemitism are misunderstood \3\ and6834therefore go unchecked. This has been a particularly significant6835problem on our Nation's campuses in recent years, intensifying6836exponentially following the Hamas attack against Israel on October 7,68372023.6838---------------------------------------------------------------------------6839    \3\  I refer to my written testimony for this hearing for a more6840thorough discussion of the intentional campaign to politicize (and then6841demonize, distort, and deny) the identity-level connection between the6842Jewish people and the Jewish ancestral homeland of Israel (i.e.,6843Zionism).68446845    The Department of Education's consideration of the IHRA Definition,6846including its examples of what contemporary antisemitism can look like,6847as required by the Antisemitism Awareness Act, helps those tasked with6848investigating allegations of antisemitism under Title VI to better6849understand the nuances of the various forms of attack against Jewish6850identity, including the forms most prevalent on campuses, which focus6851heavily on demonizing, undermining, and even erasing shared Jewish6852ancestry in the Jewish ancestral homeland of Israel. In order to6853properly identify and address anti-Jewish bigotry in all its forms--6854which results in safer campuses where all students, including Jewish6855students, can live and learn free from discriminatory hostility and6856harassment--this type of understanding is imperative. It is a6857commonsense proposition that one cannot identify (and thus properly6858address) bigotry unless he can first define (and thus better6859understand) it. The Antisemitism Awareness Act, through its requirement6860of consideration of the international consensus definition of6861``antisemitism,'' enables the Department of Education to do just that.6862                                 ______68636864    [Whereupon, at 12:07 p.m., the hearing was adjourned.]68656866                                   [all]