New Missouri law forcing schools to target anti-Semitism sparks intense First Amendment concerns
It mandates that educational institutions treat antisemitic harassment or discrimination against students or employees “in an identical manner to discrimination motivated by race.”
A recently enacted Missouri law requiring public schools and universities to identify and report anti-Semitic behavior has raised concerns about potential First Amendment violations. House Bill 2061, which took effect on August 28, mandates that educational institutions define anti-Semitism using the International Holocaust Remembrance Alliance's definition, including contemporary examples.
They must treat anti-Semitic harassment or discrimination against students or employees the same as discrimination based on race. Schools must include rules against anti-Semitism in their codes of conduct and prohibit such behavior when it interferes with people's ability to work, study, or use school facilities or creates an intimidating environment.
Crucially, the law allows schools to consider speech criticizing Israel as anti-Semitic only if it involves material inconsistencies in standards, expectations, or condemnation compared to other nations. However, it explicitly protects free speech from infringement, provided it does not cause harm through harassment, intimidation, or bullying.
Critics, including attorneys and Jewish advocacy groups, argue that the law may inadvertently chill speech and discriminate against those who criticize Israel, potentially leading to absurd outcomes where Jewish students criticizing Israel could face disciplinary action or loss of funding.
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