As recently noted in The Guardian, legislation regulating against anti-Semitism is likely to be enacted in various American states in response to the mounting persecution of Jews. The pieces of legislation address criminal and discriminatory conduct not protected as free speech; indeed, it includes specific provisions that the law shall “not diminish or infringe upon any right protected under the First Amendment.” Accordingly, laws such as this have now passed with unanimous bipartisan votes in both Florida and South Carolina. As the primary legal expert who helped develop such legislation, I believe the matter ought to be clarified so that the public can appreciate this important effort to combat hate and bigotry.
All current data indicate that anti-Semitic activity is on the rise. Three years ago, a Louis D. Brandeis Center study found that most Jewish students attending American colleges had personally experienced or witnessed anti-Semitism in 2015. An AMCHA Initiative survey found a 45% increase in anti-Semitic activity on college and university campuses between 2015 and 2016. And last year, the Anti-Defamation League issued a report detailing a shocking 67% increase in anti-Semitic incidents from 2016 to 2017.
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