Matisyahu, the Iran deal and the college campus

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Do we need to have a definition of anti-Semitism?  Most people think they already know what it means.

And sometimes the answer is obvious. Think, for example, about the vandals who recently scrawled the words “Yids out” on the fence of a girls’ primary day school in London.

Or consider Matisyahu. What else can you call it when Spain’s annual reggae music festival, Rototom Sunsplash, cancelled a scheduled appearance by this Jewish American singer.  Organizers argued that the rapper is a “Zionist” and supports the practice of “apartheid and ethnic cleansing.”

You don’t need a Ph.D. in anti-Semitology to know what that was about.

Often, though, there is room for disagreement.  When Israel’s critics use double standards, are they just being advocates, or have they crossed a line? For that matter, when some who support President Obama’s proposed Iran deal speak of their opponents’ “money” and “lobbyists,” are they mobilizing anti-Jewish sentiment or just being “realistic”?

Consider how some of the Iran deal’s supporters lambaste Senator Chuck Schumer, one of the president’s top Senate allies, for opposing the deal. The Daily Kos ran a cartoon showing Schumer with an Israeli flag, calling him a “traitor.” MoveOn.org lumped Schumer together with another famous Jewish Democrat, saying, “our country doesn’t need another Joe Lieberman in the Senate.” These organizations clearly crossed a line.

But that doesn’t mean that everyone who supports the Iran deal is an anti-Semite. Nor is it anti-Semitic merely to disagree with Prime Minister Netanyahu’s view of the world.

Definitions are like fences. They wall some things in and others out. It is not just that we need to be clearer about what should be condemned as anti-Semitic.  We also need to be clearer about what is not anti-Semitic and should not be unjustly maligned.

Unfortunately, our best definitions are now under attack. Earlier this year, Jewish Voice for Peace assailed the U.S. State Department’s authoritative definition of anti-Semitism.  The State Department definition is important because it embodies Natan Sharansky’s “3-D Test.” Many criticisms of Israel are not anti-Semitic. But they may enter that territory when they Demonize the Jewish state, Delegitimize Israel, or apply Double standards.

Anti-Israel activists are incensed that the State Department’s definition includes “demonizing,” “delegitimizing,” and “applying a double-standard” to Israel. They want to redefine anti-Semitism so that extreme anti-Israel activism will no longer be considered anti-Semitic.

Fortunately, the State Department rebuffed their efforts. In an important August letter, Special Envoy Ira Forman, the Obama administration’s point man on global anti-Semitism, explained that his department’s definition is important to his work and has not led to any encroachments on free speech.

Although Israel’s critics targeted the State Department, the real battle is over higher education. In response to a rash of anti-Semitic incidents, several student governments and advocacy groups, including the Louis D. Brandeis Center, have urged broader use of State Department standards in higher education.

Several months ago, a report jointly issued by the Louis D. Brandeis Center and Trinity College demonstrated that over 50% of Jewish college students reported experiencing or witnessing anti-Semitism during the 2013-2014 academic year. Earlier this summer, nearly three quarters of Jewish students responding to a Brandeis University study reported having been exposed to at least one of six anti-Semitic statements, such as claims that Jews have too much power and that Israelis behave “like Nazis.” Jewish students have reported being punched in the face, called derogatory epithets, and harassed in many ways.

Unfortunately, the federal government does not yet apply the State Department’s definition to American colleges.  If a French university were to tolerate a hostile environment for Jewish students, based on behavior that demonizes and delegitimizes the Jewish state, the State Department would understand when a line is crossed.  But if the same thing happens in California, New York, or Florida, the U.S. government would not be able to say whether the conduct was anti-Semitic, because domestic agencies are not coordinating with State.  Obviously this problem must be fixed.

At the same time, university leaders should educate their communities about the lines between legitimate political discourse and anti-Semitic intolerance.  This doesn’t mean censorship.  It does mean that universities should take their educative function seriously.  In September, the University of California Regents, the University’s governing board, is expected to discuss adopting a statement of principles on intolerance.  This would be an excellent opportunity for the Regents to assert leadership by taking a well-defined stand against prejudice.

Marcus is President of the Louis D. Brandeis Center for Human Rights Under Law (www.brandeiscenter.com) and former Staff Director of the U.S. Commission on Civil Rights. Oxford University Press will publish his new book on The Definition of Anti-Semitism in September.

Matisyahu, the Iran deal and the college campus

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AUTHOR

Kenneth L. Marcus

Kenneth L. Marcus is President and General Counsel of the Louis D. Brandeis Center for Human Rights Under Law and author of the award-winning Jewish Identity and Civil Rights in America (New York: Cambridge University Press: 2010). Marcus founded the Brandeis Center in 2011 to combat the resurgence of anti-Semitism in American higher education. In November 2012, Marcus was named to the Forward 50, the Jewish Daily Forward's listing of the "American Jews who made the most significant impact on the news in the past year." The Forward described its 50 honorees as "the new faces of Jewish power," predicting that "if Marcus has any say in it, we may witness a new era of Jewish advocacy." During his public service career, Marcus served as Staff Director at the United States Commission on Civil Rights and was delegated the authority of Assistant Secretary of Education for Civil Rights and Assistant Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity. Shortly before his departure from the Civil Rights Commission, the Wall Street Journal observed that "the Commission has rarely been better managed," and that it "deserves a medal for good governance." For his work in government, Marcus was named the first recipient of the Justice and Ethics Award for Outstanding Work in the Field of Civil Rights. Marcus also serves as Associate Editor of the Journal for the Study of Antisemitism and Vice President of the International Association for the Study of Antisemitism. Marcus previously held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York's Bernard M. Baruch College School of Public Affairs (2008-2011) and was Chair of the Scholars for Peace in the Middle East Legal Task Force. Before entering public service, Mr. Marcus was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He publishes frequently in academic journals as well as in more popular venues such as Commentary, The Weekly Standard, and The Christian Science Monitor. Mr. Marcus is a graduate of Williams College, magna cum laude, and the University of California at Berkeley School of Law.


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