Protesting Genocide is Not Hate Speech: Concerning Equation of Anti-Zionism to Antisemitism

Since the State of Israel escalated its genocide against Palestinians in October 2023, protests against Israel and the U.S. government's unwavering support have expanded across the U.S.

In turn, public and private institutions are changing policies and rules to sanction criticism of Zionism, a political, colonial ideology that has always sought to establish a supremacist ethnic nation state on the land where Palestinians have lived for centuries.

Alisdare Hickson, Compassion and solidarity - A Jewish man with a Palestinian flag, https://www.flickr.com/photos/59952459@N08/28192212288

• In December 2023, the U.S. House of Representatives passed a resolution that "clearly and firmly states that anti-Zionism is antisemitism."
• In March 2024, the University of California (UC) system proposed modifying political speech rules after departments issued statements condemning the genocide committed by Israel.
• Beginning in July 2024, the Asheville Police Department in North Carolina has been charging people of committing "Ethnic Intimidation" based on events that allegedly occurred at a pro-Palestine event.

• Around September 2024, the New York University (NYU) system modified its nondiscrimination and anti-harassment policy to include "anti-Zionism" as an example of discrimination.
• In September 2024, Judge Jonathan Lippman submitted a report to the NY Governor recommending that anti-Zionism be equated to antisemitism in policies of the City University of New York (CUNY) system.

In 2023, the American Bar Association (ABA) attempted to adopt the discredited and malicious International Holocaust Remembrance Alliance (IHRA) definition of antisemitism. Many legal organizations, including Pal Legal and NLG, objected to this failed attempt.

Despite not passing the resolution in 2023, on October 2024, the ABA urged U.S. Congress to pass a bill that would require dozens of federal agencies to adopt the IHRA definition of antisemitism.

Excerpt from ACLU, Letter to Co-Sponsors of Proposed American Bar Association Resolution 514 on Antisemitism, https://www.aclu.org/documents/letter-co-sponsors-proposed-american-bar-association-resolution-514-antisemitism

Political Speech

In theory and practice, anti-Zionism is a political position. Political expression is at the core of freedom of expression in the U.S.

Not Incitement or Fighting Words

Demanding the divestment and end to a genocide and return of stolen land is not calling for violent action that is likely to occur.

Not Implicating Religion or Race

Objecting to Zionist ideology does not condemn Judaism or Jewish people, who are not a monolith.

Opposition to the political ideology of Zionism is the call for equal rights for all residents of historic Palestine currently living under Israeli rule, and an end to the occupation and other forms of Israeli demographic control. Anti-Zionism is fundamentally a political message that does not discriminate on the basis of religious or ethnic identity, but rather calls for equal rights and justice.

Opposition to the political movement of Zionism and the State of Israel is no different from criticism of any other political ideology, such as settler colonialism, imperialism and white supremacy, which are foundation to the United States itself. Nationalism and patriotism are not religious beliefs.

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