The House, led by the GOP, approved a bill aimed at defining and addressing anti-Semitism in educational programs. The move comes amidst concerns for the safety of Jewish students sparked by protests related to the Israel-Hamas conflict. The bill, known as the Antisemitism Awareness Act, garnered support from the majority of the House, with bipartisan backing. It adopts the definition of anti-Semitism proposed by the International Holocaust Remembrance Alliance (IHRA), which characterizes it as a perception of Jews involving hatred and manifestations directed at individuals, institutions, or property.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. Some critics argue that attempts to codify a specific definition of anti-Semitism, particularly within the context of Title VI enforcement, could raise constitutional concerns, primarily related to freedom of speech.

The First Amendment to the United States Constitution protects the right to freedom of speech, which includes the right to express opinions and viewpoints, even those that may be offensive or controversial. Critics contend that by adopting a definition of anti-Semitism that includes vague or broad language, there is a risk of infringing upon individuals’ free speech rights.

Additionally, some argue that Title VI, when applied to educational institutions, should not be used to suppress or penalize legitimate political speech, including criticism of the Israeli government or its policies. They argue that conflating criticism of Israel with anti-Semitism could stifle academic freedom and discourage open discourse on important geopolitical issues.

Furthermore, opponents of codifying a specific definition of anti-Semitism within Title VI argue that doing so could potentially lead to selective enforcement and censorship, targeting individuals or groups based on their political views rather than genuine instances of discrimination or harassment.

In summary, the argument that Title VI enforcement with a specific definition of anti-Semitism is unconstitutional revolves around concerns about its potential impact on free speech rights, academic freedom, and the selective targeting of individuals or groups based on their political beliefs.