Legal Studies Seminar - Defending Jews from the Definition of Antisemitism
This article, forthcoming in UCLA Law Review, examines the legal debate surrounding antisemitism in the context of Israel criticism, challenging definitions that equate such criticism with antisemitic speech. It argues that current legal definitions impose a narrow, Zionist-centric view of Jewish identity, harming both Palestinian advocacy and Jewish pluralism. Jewish identity is inherently diverse and contested, with this ongoing debate viewed as a vital feature of Jewish tradition.
The article traces the evolution of antisemitism's legal definition, focusing on the International Holocaust Remembrance Alliance (IHRA) working definition. To counter the harms of this definition, the article proposes a novel legal framework, arguing that criticizing Israel can be an exercise of religious freedom for many American Jews and that antidiscrimination laws should protect Jews targeted for their political positions.
Reinterpreting U.S. constitutional protections to safeguard the plurality of Jewish identities offers a new understanding of religious liberty that allows Jewish communities—and potentially other groups—to determine how religion and politics intertwine in their identities.
About the seminar series:
The Joint Legal Studies Seminar Series features biannual seminars showcasing a range of legal studies scholarship. The series is hosted by the Departments of Sociology and Legal Studies at the University of Waterloo and St. Jerome's University.