This bill directs the Department of Education to consider the International Holocaust Remembrance Alliance's definition of antisemitism when evaluating discrimination complaints under Title VI of the Civil Rights Act of 1964, while also protecting First Amendment rights.
Michael Lawler
Representative
NY-17
The Antisemitism Awareness Act of 2025 requires the Department of Education to consider the International Holocaust Remembrance Alliance's definition of antisemitism when evaluating discrimination complaints under Title VI of the Civil Rights Act of 1964, concerning race, color, and national origin. This aims to address rising antisemitism in educational settings. The Act clarifies that it does not expand the Department of Education's authority, change existing discrimination standards, reduce existing rights, or infringe upon First Amendment rights.
The Antisemitism Awareness Act of 2025 sounds straightforward: it aims to protect Jewish students from discrimination. But here's the deal – it's stirring up a debate about free speech, especially when it comes to talking about Israel. The law, just introduced, tells the Department of Education to use the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism when looking into discrimination complaints. That definition includes examples that some people worry could shut down legitimate criticism of Israeli government policies.
This bill is all about tackling antisemitism in schools and colleges. It builds on Title VI of the Civil Rights Act of 1964, which already bans discrimination based on race, color, or national origin. The Act clarifies that this includes discrimination against Jewish students based on shared ancestry or ethnic characteristics (SEC. 2). The core of the law is that it requires the Department of Education to use the IHRA definition of antisemitism, including its 'contemporary examples,' when investigating complaints (SEC. 4 & 5). For example, if a student is harassed for their perceived Jewish background, the Department of Education will now use the IHRA definition to help determine if that harassment was antisemitic.
So, how might this play out? Imagine a student group criticizing Israeli policies, using strong language. Under this new law, someone could file a complaint, arguing the criticism fits the IHRA's examples of antisemitism. The Department of Education would then have to consider that definition in its investigation. While the bill says it doesn't mess with First Amendment rights (SEC. 6), the practical effect is where things get tricky. Will university administrators, worried about investigations, start clamping down on certain kinds of speech? That's the big question.
This law comes at a time when antisemitism is a serious concern, as the bill itself notes (SEC. 3). The stated goal is to give Jewish students better protection and provide clearer guidelines for handling antisemitic incidents. It references the U.S. National Strategy to Counter Antisemitism, issued on May 25, 2023, framing this as part of a broader effort (SEC. 2). But the challenge is balancing that protection with the right to free expression, even when that expression is controversial or unpopular. The IHRA definition is already used by the Department of Education (since 2018) and the Department of State, but formally baking it into investigations under Title VI is a significant step, and one that could have real consequences for campus debates, protests, and even classroom discussions.