JCA 2020 (DOI: 10.26613/jca/3.2.63)

The Danger of Defning Your Own Terms: Responding to the Harvard Law Review on Antidiscrimination Law and the Movement for Palestinian Rights

Mark Goldfeder 1

Abstract Te Harvard Law Review has recently published an article arguing that the Boycott, Di- vestment, and Sanctions (BDS) movement is not antisemitic, and States therefore do not have a “compelling interest” under the law to combat BDS with anti-discrimination bills. Te analysis is mistaken for several reasons, many of which revolve around the use of faulty defnitions, and an unfortunate willingness to allow aggressors to defne their victims’ rights. Tis short response piece focuses on these specifc aspects of the Harvard article and argues that even when charitably taken on its own terms, the main premise of the anony- mous author’s position is seriously fawed. Keywords: First Amendment, discrimination, antisemitism, anti-Zionism, BDS movement

For the second time in just four years,2 the given in the text does not in any way support Harvard Law Review has published an unsigned that assertion. It would be fair to say that “oppo- Article uncritically3 defending the Boycott, nents have long argued that the BDS movement Divestment, and Sanctions (BDS) movement.4 is anti-Semitic” without in any way criticizing The main argument presented is that the BDS general Palestinian rights work. But to say that, movement is not antisemitic, and so States do “civil rights law has been leveraged to defend not have a compelling interest in combatting it Israel against the movement for Palestinian with anti-discrimination laws. The analysis is rights” is negligent if not purposely deceptive in demonstrably wrong for several reasons,5 many its conflation of the BDS movement and the of which revolve around the use of faulty defini- general ‘movement for Palestinian rights.’ tions. This response will focus only on that Second, having claimed that BDS represents aspect of the Article. the broad movement for Palestinian rights, the First, the Article sets up multiple straw men authors immediately redefine it more narrowly by defining terms in ways that cannot be justi- for the purposes of the Article, as a way to fend fied; even the title itself, “Wielding off the obvious observation that many BDS Antidiscrimination Law to Suppress the supporters are openly anti-Semitic and discrim- Movement for Palestinian Rights,” is misleading. inatory. While acknowledging that “BDS has The authors make the claim that “opponents grown into a diffuse, multistakeholder move- have long argued that Palestinian rights work is ment,” the authors note that they will only focus anti-Semitic or anti-Israeli.” No serious scholar “on BDS as led by the Palestinian BDS National has ever made such a claim, and even the citation Committee (BNC)” in order to “debunk the Mark Goldfeder 1 claim that BDS constitutes legally cognizable that are commonly found in the BDS movement discrimination.” The anti-BDS laws that the as led by the BNC. authors are criticizing do not, in any way, only But the broader problem with the article is focus on the BNC, or on any other group for its acceptance of a popular false dichotomy, that matter. They focus on specific discrimina- which reasons that since not all anti-Zionism is tory behaviors, and so arguing about whether necessarily antisemitism, none of it should be some subset of BDS activists is discriminatory is included in a definition of antisemitism. What irrelevant. If a person or group is behaving in a this argument does is provide a convenient way discriminatory fashion, the State has an interest for modern antisemites to remain in polite in combatting that action. But even taking the society while espousing incredible hate under the straw man’s bait, the claims of the Article simply thinnest of anti-Zionistic veils. Antisemites fail; every one of the BDS examples included in should not get to decide the definition of this response easily trace their origins to the antisemitism. BNC’s call for boycotts, and all of them are By way of background, the Article was discriminatory. published just a few short months after the Next the Article takes offense at the notion United Nations Special Rapporteur on freedom that some expressions of anti-Zionism could be of religion or belief, Ahmed Shaheed, released a considered antisemitic, and insists on a defini- report to the Human Rights Council noting tion of antisemitism that does not include even with concern the claim that the objectives, activ- the most troubling of anti-Zionist sentiments. ities, and effects of the BDS movement are No matter; even if this were true, there are liter- fundamentally antisemitic under the ally thousands6 of readily available,7 easily International Holocaust Remembrance Alliance’s accessible,8 examples9 of BDS activists crossing (IHRA) internationally accepted standard defi- the line into straight antisemitism without even nition of antisemitism.22 He used that definition the pre-text of anti-Zionism. Categorically, these because there needs to be some objective baseline examples include: calling for death to Jews10 (not standard for what is and is not acceptable, and Israelis, Jews)11, bemoaning the fact that Hitler the IHRA definition is as close to a world did not kill all the Jews when he had the consensus as it is possible to get. The definition chance;12 attacking and demeaning the Jewish is already used by various agencies of our own religion,13 denying the history14 or the ancestry federal government as well as the 33 govern- of the Jewish people,15 targeting individuals for ments that are members of IHRA. It has been being Jewish (again, not Israeli, Jewish),16 recommended for use by the European Council promoting the actual medieval Passover religious and the European Parliament, endorsed by the blood libel,17 and harassing18 and physically UN Secretary General and the Secretary General attacking19 Jewish students,20 and Jewish of the OAS, included in policy guides businesses.21 prepared by the Organization for Security and The Article’s central premise, then—that Cooperation in Europe, and formally adopted by there is no direct or circumstantial evidence of a growing number of European nations and antisemitic discrimination in the BDS move- American universities. ment which also disparately impacts Jewish The IHRA definition is not “new” as the people and that States use that argument pretex- Article claims, and it does not include tually—is factually and demonstrably wrong, “the formal redefining of anti-Semitism to even under the authors’ own narrow definitions include anti-Zionism.” It was originally devel- of both BDS and antisemitism. The State clearly oped in 2003–2004,23 and was first published as has a compelling interest in fighting these forms a Working Definition in January 200524—well of (non anti-Zionist) antisemitic discrimination before the July 2005 launch of the BDS

142 Journal of Contemporary Antisemitism The Danger of Defning Your Own Terms movement.25 The Working Definition was of the BNC’s leaders are actual violent terror- adopted as a guide by the U.S. State Department ists;49 and the well-documented evidence that as early as 2007,26 and officially adopted in the antisemitism some BDS leaders spout50 often 2010.27 In 2016, the working definition was breaks through the “nonviolent” veil,51 leading formally adopted by a plenary meeting of the to people getting hurt.52 thirty-one countries in the IHRA,28 and the State But these are easy examples. Oftentimes the Department has since officially adopted it.29 discriminatory anti-Zionism that is part of the According to the definition, not all BDS movement takes a less overtly radical form. anti-Zionism is antisemitism, but when Over the last several years, Jewish individuals and anti-Zionism crosses certain lines it can be Jewish groups have routinely been told they are antisemitic. Critics of the definition generally not welcome at conferences,53 coalitions,54cam- focus on the danger of governments using it to puses55 concerts,56 demonstrations,57 and even stifle free speech,30 and while those concerns are discussions;58 they have been denied letters of easily answered (primarily by having legislation recommendation;59 had their leadership creden- that focuses only on actions and not speech,) 31 tials questioned;60 been called murderers, pigs, it is a far different argument to pretend that the and baby killers;61 been labeled as white suprem- speech itself is not antisemitic. acists;62 and have been generally excluded from When is the ‘anti-Zionism’ expressed by BDS many a progressive movement63 or public leaders and affiliates antisemitic? In the first march,64 all because of their stated or assumed instance, it is antisemitic when proponents use support for Zionism. classic antisemitic tropes including, but not Discriminating against a Jewish person or limited to, false accusations of Jewish conspira- group just because they are Zionist is illegal cies;32 blood libels;33 portraying Jews (again not because despite what BDS leaders would like to just Israelis but caricatures of religious Jews) as insist, and however inconvenient it is for the Satanic, demonic, and evil (at times even using author’s argument, Zionism is not just a political actual Nazi propaganda),34 accusing Jews of dual movement. For the vast majority of Jewish loyalty,35 and engaging in Holocaust denial36 and people across time and space, Zionism is and Holocaust inversion.37 When this happens, the always has been an integral part of their Jewish, symbols and signals used often belie the speaker’s often their religious, identities. true nefarious intent. For literally thousands of years Jews across To be clear, some of the examples of antisem- the world have prayed at least three times a day itism described above are so undeniable that in (and often many times more)65 for a return to some instances,38 when caught,39 the BDS Zion. Over half of the Biblical commandments leaders themselves have admitted and acknowl- are specifically tied to the Jewish homeland66 and edged40 that they crossed the line from anti-Zi- belief in the return to Zion is literally part of the onism into anti-Zionistic antisemitism.41 Thirteen Principles of Jewish Faith.67 It should be also obvious that saying Jews are The reason that the IHRA definition includes not a people42 while calling for the destruction “denying the Jewish people their right to of the world’s lone Jewish state,43 along with the self-determination”68 as an example of antisem- ethnic cleansing44 and/or the genocidal extermi- itism is precisely because it recognizes that nation45 of its millions of Jewish inhabitants,46 is Zionism is a fundamental Jewish belief, and reli- also antisemitic. And these calls should not be gious discrimination is wrong. As Alyza Lewin taken lightly given the terrifying and undeniable has so eloquently put it: facts that the nonprofit umbrella group for Zionism is as integral to Judaism as observing the U.S.-based BDS organizations funnels money to Jewish Sabbath or maintaining a kosher diet. Not terrorist organizations;47 that more than thirty48

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all Jews observe Shabbat or kashrut, but those who be corrected. Not all BDS activists are antise- do, do so as an expression of their Jewish identity. mitic, but far too many are. Multiple studies Similarly, not all Jews are Zionists. But for many have found that the intensified antisemitism on Jews identifying with and expressing support for campuses around the country can be attributed72 the Jewish homeland is also an expression of their or directly correlated73 to the BDS movement. It Jewish religious and ethnic identity. Harassing, has become rampant, with recent studies showing marginalizing, demonizing and excluding these that the number of Jewish students experiencing Jews on the basis of the Zionist part of their iden- anti-Semitism on campuses across the United tity is just as unlawful and discriminatory as States had spiked to nearly seventy-five percent.74 attacking a person for observing Shabbat or One study found that BDS activity is consis- keeping kosher . . . comparable to demanding that tently the strongest predictor of a rise in inci- a Catholic student disavow the Vatican or that a dents that target Jewish students.75 Muslim student shed his/her connection to States have a compelling interest in combatting Mecca. Excluding an individual in this manner this antisemitism because it can and does have real on the basis of his/her identity is discrimination. consequences. According to the FBI, the majority It demands that Jews shed a key component of of religiously motivated hate crimes in the United their identity as Jews—namely, the historic Jewish States are committed against Jewish people,76 and yearning and determination to return to Zion.69 that number is on the rise,77 despite the fact that In other words, if a person is discriminated they make up less than two percent of the popu- 78 against simply because they are Zionistic, that is also lation. These trends are terrifying, and there is a form of antisemitic discrimination that the State much work to be done to reverse them. It starts has an absolutely compelling interest in combatting. with calling out antisemitism for what it is. The results are also clear under a disparate It is worth repeating that the anti-BDS bills impact analysis. A recent Gallup poll found that the Article deals with do not ban or punish ninety-five percent of Americans Jews speech that is critical of Israel, nor do they stop support Israel70—which is the definition of anyone from boycotting the Jewish state. They Zionism that tends to get Jewish students and simply say “if you want the state to do business Jewish groups excluded- even as they may disap- with you, you must abide by the state’s policies prove of certain Israeli policies. The research also of sound and fair business practices, including 79 shows that religion plays an important part in anti-discrimination rules.” those beliefs.71 If you exclude ninety-five percent The First Amendment protects hate speech of a group based on their shared ethnic beliefs, but we can still call it what it is: hateful. In the then it should be obvious that you are discrimi- case of many leaders of the BDS movement, nating against that group and their beliefs. including key members and affiliates of the BNC, Arguments and Articles that downplay or that hateful speech is often antisemitic, and States redefine antisemitism are dangerous and need to have a compelling interest in combatting it.

REFERENCE

1 Dr. Mark Goldfeder is director of the National Jewish Advocacy Center and founding editor of the Cambridge University Press Series on Law and Judaism. 2 See “First Amendment—Political Boycotts—South Carolina Disqualifies Companies Supporting BDS from Receiving State Contracts.—S.C. Code Ann. § 11-35-3500 (2015),” Harv. L. Rev. 129 (2016): 2029. The article wrongly claimed that the South Carolina anti-BDS law was unconstitutional. See Mark Goldfeder, “Stop Defending Discrimination: Anti-Boycott, Divestment, and Sanctions Statutes Are Fully Constitutional,” Tex. Tech L. Rev. 50 (2018): 207, 234.

144 Journal of Contemporary Antisemitism The Danger of Defning Your Own Terms

3 See, for example, the false and unsourced claim that: “The Palestinian community today is made up of distinct populations, each facing a range of human rights abuses by the Israeli government.” Many of the other claims made about Israeli discrimination are based on single and highly questionable sources; for example the claim that “A matrix of over sixty-five laws systematically discriminates against Palestinian citizens of Israel,” cites to a database maintained by Adalah, a human rights organization that just last year held an event in collaboration with Addameer, a Popular Front for the Liberation of Palestine (PFLP) “affiliate.” The PFLP, of course, is a designated terrorist organization. Regardless, the claim is also false; not only does the list fail to distinguish between laws and legislative proposals, any laws regarding the historic Jewish connection to Israel are simply labeled as discriminatory, including the use of symbols and the Hebrew calendar. See “Adalah,” NGO Monitor, https://www.ngo-monitor.org/ngos/adalah/#an- ti-israelilegalactivities. 4 “Wielding Antidiscrimination Law to Suppress the Movement for Palestinian Rights,” Harv. L. Rev. 133 (2020): 1360, 1381. 5 For example: Anti-BDS laws involve government, not private speech, and are therefore not subject to the same First Amendment jurisprudence; also, BDS actions as regulated by those laws are arguably not protected speech. 6 Dan Diker and Jamie Berk, “Students for Justice in Palestine Unmasked: Terror Links, Violence, Bigotry, and Intimi- dation on US Campuses,” Jerusalem Center for Public Afairs (2018), https://jcpa.org/pdf/SJP_unmasked_2018_ web.pdf. 7 “Because the World Should Know,: Canary Mission, https://canarymission.org/. 8 “‘Behind the Mask’—Unmasking Antisemitism behind the BDS Campaign,” Defending Israel Online, September 15, 2019, https://4il.org.il/1396/. 9 See generally AMCHA Initiative, https://amchainitiative.org/search-by-incident#incident/display-by-date/ (database that allows one to search and filter data on incidents of antisemitic activity that occurred on U.S. college and univer- sity campuses from 2015 to present day). 10 @AdamMilstein, Twitter, October 31, 2018, 6:59 PM, https://twitter.com/AdamMilstein/status/1057769149600956417/ photo/1. 11 Sam Sokol, “South Africa BDS leader defends call to ‘kill the Jew,’” Jerusalem Post, September 2, 2013, 7:45, https:// www.jpost.com/jewish-world/jewish-features/south-africa-bds-leaders-defends-call-to-kill-the-jew-325075. 12 Daniel Greenfield, “‘I Would Have Killed All the Jews in the World’: SJP’s Holocaust Hate,” Frontpage Mag Archive, February 5, 2018, https://archives.frontpagemag.com/ fpm/i-would-have-killed-all-jews-world-sjps-holocaust-daniel-greenfield/. 13 Frank Barat, “An Interview with Roger Water,” Counterpunch, December 6, 2013, https://www.counterpunch. org/2013/12/06/an-interview-with-pink-floyds-roger-waters/; C. R. Rublin, “Incitement Against Jews By U.S.-Based Neo-Nazi And White Supremacist Members of Pro-Palestinian AND BDS Facebook Group,” SPME, May 29, 2019, https://spme.org/anti-semitism/incitement-against-jews-by-u-s-based-neo-nazi-and-white-supremacist-members- of-pro-palestinian-and-bds-facebook-groups/25536/; “Watch and share our PACBI Live Broadcast with Roger Waters,” BDS, July 26, 2017, https://bdsmovement.net/news/watch-and-share-our-pacbi-live-broadcast-roger-waters. 14 “Israel to Allocate $50m to Explore Foundations of Alleged Temple,” Middle East Monitor, December 19, 2017, 12:38 AM, https://www.middleeastmonitor.com/20171219-israel-to-allocate-50m-to-explore-foundations-of- alleged-temple/. 15 “Yasir Qadhi Anti-Semitic Rant,” YouTube, November 19, 2015, https://www.youtube.com/watch?v=2bSxOmcy- I18&feature. 16 “Matisyahu: Spanish festival ban is ‘appalling, offensive,’” Times of Israel, August 17, 2015, 11:10 PM, https://www. timesofisrael.com/matisyahu-spanish-festival-ban-is-appalling-offensive/; Yair Rosenberg, “Israel Boycott Activists Call for Jews to Be Expelled from South African University,” Tablet, February 12, 2015, https://www.tabletmag.com/ sections/news/articles/israel-boycott-activists-call-for-jews-to-be-expelled-from-south-african-university. 17 Elder of Ziyon, “Miftah Attacks Me, Refuses to Condemn Its Blood Libel,” Elder of Ziyon (blog), March 30, 2013, http:// elderofziyon.blogspot.com/2013/03/miftah-attacks-me-refuses-to-condemn.html; “Incitement Against Jews By U.S.-Based Neo-Nazi And White Supremacist Members of Pro-Palestinian And BDS Facebook Groups,” MEMRI, May 16, 2019, https://www.memri.org/dttm/incitement-against-jews-us-based-neo-nazi-and-white-supremacist-mem-

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bers-pro-palestinian-and-0; “Jewish Kabbalistic Occult Ritual Child Murder throughout History,” https://www.bitchute. com/video/987FZhimkQpV/. 18 William A. Jacobson, “Anti-Israel Student Group Suspended at Northeastern for Vandalism, Intimidation, Disruption,” Legal Insurrection, March 13, 2014, https://legalinsurrection.com/2014/03/anti-israel-student-group-suspend- ed-at-northeastern-for-vandalism-intimidation-disruption/; William A. Jacobson, “Dorm Storming at NYU Targets Jewish Students,” Legal Insurrection, April 24, 2014, https://legalinsurrection.com/2014/04/dorm-storming-at-nyu- targets-jewish-students/. 19 Edwin Black, “Temple University—Latest Anti-Semitic Hotspot Protested amid Record Donation Drive,” Hufpost, October 25, 2014, https://www.huffpost.com/entry/temple-university-latest-_b_5707919; Frances Dinkelspiel, “Jewish Student Sues UC Berkeley over Assault by Palestine Supporter,” Berkeleyside, March 7, 2011, https://www. berkeleyside.com/2011/03/07/jewish-student-sues-uc-berkeley-over-assault-by-palestine-supporter. 20 Tori Cheifetz, “Jewish Students ‘Held Hostage’ in Toronto Hillel,” Jerusalem Post, February 15, 2009, https://www. jpost.com/jewish-world/jewish-news/jewish-students-held-hostage-in-toronto-hillel. 21 “SA: 21 Arrested at Violent BDS Protest in South Africa,” Christians United for Israel, March 26, 2015, https://www. cufi.org.uk/news/sa-21-arrested-at-violent-bds-protest-in-south-africa. 22 Ahmed Shaheed (Special Rapporteur on Freedom of Religion or Belief), The Elimination of All Forms of Religious Intolerance, UN Doc. A/74/358, September 23, 2019. 23 Dr. Manfred Gerstenfeld, “To Fight Anti-Semitism, You Have to Define It,” Arutz Sheva, http://www.israelnationalnews. com/Articles/Article.aspx/22096, accessed August 1, 2020). 24 Ibid. 25 “Palestinian BDS National Committee,” BDS, https://bdsmovement.net/bnc. 26 Gerstenfeld, “To Fight Anti-Semitism.” 27 “Defining Anti-Semitism,” U.S. Department of State, https://www.state.gov/defining-anti-semitism/, accessed August 1, 2020. 28 “31 Countries Adopt New Definition of Anti-Semitism that Includes Anti-Zionism,” The Tower, June, 3, 2016, 3:34 PM, http://www.thetower.org/3462-31-countries-adopt-new-definition-of-anti-semitism-that-includes-anti- zionism/. 29 “Defining Anti-Semitism.” 30 Elizabeth Redden, “Trump Signs Order on Campus Anti-Semitism,” Inside Higher Ed, December 12, 2019, https:// www.insidehighered.com/news/2019/12/12/trump-order-anti-semitism-campuses-draws-free-speech-concerns. 31 Mark Goldfeder, “Why We Should Applaud Trump’s Executive Order on Anti-Semitism,” The Hill, December 16, 2019, 2:00 PM, https://thehill.com/opinion/civil-rights/474271-why-we-should-applaud-trumps-executive-order-on- anti-semitism. 32 “What is . . . Anti-Israel, Anti-Semitic, Anti-Zionist?,” ADL, https://www.adl.org/resources/tools-and-strategies/ what-is-anti-israel-anti-semitic-anti-zionist, accessed August 1, 2020. 33 See “Blood Libel: A False, Incendiary Claim against Jews,” ADL, https://www.adl.org/education/resources/glossa- ry-terms/blood-libel, accessed August 1, 2020. 34 See Dan Diker and Jamie Berk, “Students for Justice in Palestine Unmasked: Terror Links, Violence, Bigotry, and Intimidation on US Campuses,” Jerusalem Center for Public Afairs (2018), 35, 54–72, https://jcpa.org/pdf/SJP_ unmasked_2018_web.pdf. 35 Ibid., 44. 36 “Yasir Qadhi Anti-Semitic Rant.” 37 Diker and Berk, “Students for Justice in Palestine Unmasked,” 54–75. 38 Marc Lamont Hill, “I’m Sorry My Word Choices Caused Harm,” Philadelphia Inquirer, December 1, 2018, 12:05 PM, https://www.inquirer.com/philly/opinion/commentary/marc-lamont-hill-temple-university-cnn-palestine-isra- el-united-nations-20181201.html. 39 Marcy Oster, “Palestinian Nonprofit Belatedly Apologizes for Blood Libel Article,” Jewish Telegraphic Agency, April 2, 2013, https://www.jta.org/2013/04/02/israel/palestinian-nonprofit-belatedly-apologizes-for-blood-libel-article. 40 Kate Sullivan and Manu Raju, “Omar: ‘I Unequivocally Apologize’ after Backlash over New Israel Tweets,” CNN, February 12, 2019, https://www.cnn.com/2019/02/11/politics/ilhan-omar-aipac-backlash/index.html.

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41 Rob Gloster, “Lecturer Apologizes for Retweet that UC Berkeley Condemned as Anti-Semitic,” Jewish News of Northern California, November 21, 2017, https://www.jweekly.com/2017/11/21/lecturer-apologiz- es-retweet-uc-berkeley-condemned-anti-semitic/. 42 Roberta P. Seid, “Omar Barghouti at UCLA: A Speaker who Brings Hate, Jewish Journal,” January 16, 2014, https:// jewishjournal.com/commentary/opinion/126186/. 43 “BDS: In Their Own Words,” Jewish Virtual Library, https://www.jewishvirtuallibrary.org/bds-in-their-own-words. 44 “Nada Elia,” Canary Mission, https://canarymission.org/professor/Nada_Elia. 45 Micha Danzig, “‘Palestine From the River to the Sea’ has Always Been a Call for Annihilation Not Liberation,” Jewish Journal, December 3, 2018, https://jewishjournal.com/commentary/blogs/242943/palestine-river-sea-al- ways-call-annihilation-not-liberation/. 46 Jackson Richman, “‘Day or Rage’ Protesters in Boston Chant Anti-Israel, Pro-Hamas Slogans, Call for Intifada,” Jewish Journal, July 3, 2020, https://jewishjournal.com/israel/318428/day-of-rage-protesters-in-boston-chant-anti-israel- pro-hamas-slogans-call-for-intifada/. 47 Armin Rosen and Liel Leibovitz, “BDS Umbrella Group Linked to Palestinian Terrorist Organizations,” Tablet, June 1, 2018, https://www.tabletmag.com/sections/news/articles/bds-umbrella-group-linked-to-palestinian-terrorist-or- ganizations. 48 “Terrorists in Suits: The Ties Between NGOs promoting BDS and Terrorist Organizations,” State of Israel (February 2019), https://www.gov.il/BlobFolder/generalpage/terrorists_in_suits/en/De-Legitimization%20Brochure.pdf. 49 Emily Jones, “‘Terrorists in Suits’: Senior Leaders of Anti-Israel BDS Groups Tied to Palestinian Terror,” CBN News, February 4, 2019, https://www1.cbn.com/cbnnews/israel/2019/february/report-senior-leaders-of-anti-israel-bds- organizations-are-lsquo-terrorists-in-suits-rsquo. 50 Jeremy Bauer-Wolf, “After Threat of Violence, Calls to Fire RA,” Inside Higher Ed, August 1, 2018, https://www.inside- highered.com/news/2018/08/01/calls-stanford-ra-be-fired-after-he-threatens-fight-zionists. 51 Rachel Frommer, “British Jewish Leaders Outraged by London University Anti-Israel Protest which Required Police Intervention,” Algemeiner, October 28, 2016, 4:37 PM, https://www.algemeiner.com/2016/10/28/british-jewish-lead- ers-outraged-by-london-university-anti-israel-protest-which-required-police-intervention/. 52 Diker and Berk, “Students for Justice in Palestine Unmasked.” 53 Anthony Berteaux, “In the Safe Space on Campus, No Jews Allowed,” The Tower, February 2016, http://www.thetower. org/article/in-the-safe-spaces-on-campus-no-jews-allowed/. 54 Geremia Di Maro, “Minority Rights Coalition to Reconsider Membership for Jewish Leadership Council,” Cavalier Daily, March 3, 2018, https://www.cavalierdaily.com/article/2018/03/minority-rights-coalition-to-reconsider-mem- bership-for-jewish-leadership-council. 55 Aaron Bandler, “SF Professor Under Fire for Saying That Zionists Aren’t Welcome On Campus,” Jewish Journal, March 26, 2018, https://jewishjournal.com/news/united-states/232343/sf-professor-fire-saying-zionists-wouldnt-al- lowed-campus/. 56 Rabbi Yonah Bookstein, “Matisyahu Played, but BDS Racism is Winning,” Jewish Journal, August 24, 2015, https:// jewishjournal.com/israel/176973/matisyahu-played-but-bds-racism-is-winning/. 57 Ariel Behar, “Sarsour Group Says ‘No Zionists’ at Civil Rights Rally,” Algemeiner, June 24, 2020, 5:34 AM, https://www. algemeiner.com/2020/06/24/sarsour-group-says-no-zionists-at-civil-rights-rally/. 58 “A Strategy of Rejection: The Anti-Normalization Campaign,” ADL, May 25, 2012, https://www.adl.org/news/arti- cle/a-strategy-of-rejection-the-anti-normalization-campaign. 59 Jackson Richman, “Michigan Jewish Student Denied Recommendation by Professor, Citing BDS as Reason,” Jewish News Syndicate, September 18, 2018, https://www.jns.org/jewish-student-denied-recommendation-by-universi ty-of-michigan-professor-citing-bds-as-reason/. 60 Barry Kosmin, “UCLA Student is Latest Victim of Anti-Semitism on Campus,” CNN, March 10, 2015, 8:14 AM, https:// www.cnn.com/2015/03/10/opinions/kosmin-anti-semitism-campus/index.html. 61 Zina Rakhamilova, “#NOHATEONCAMPUS,” Jerusalem Post, November 3, 2018, https://www.jpost.com/Opinion/ NOHATEONCAMPUS-570999. 62 Nada Elia, “Birds of a Feather: White Supremacy and Zionism,” Middle East Eye, August 24, 2017, https://www. middleeasteye.net/opinion/birds-feather-white-supremacy-and-zionism.

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63 Berteaux, “In the Safe Space on Campus.” 64 Bari Weiss, “I’m Glad the Dyke March Banned Jewish Stars,” New York Times, June 27, 2017, https://www.nytimes. com/2017/06/27/opinion/im-glad-the-dyke-march-banned-jewish-stars.html. 65 Briana Simon, “Zion in the Sources: Yearning for Zion,” World Zionist Organization, https://www.wzo.org.il/index. php?dir=site&page=articles&op=item&cs=3318&langpage=heb, accessed August 4, 2020. 66 “About Us,” Torah VeHa’aretz Institute, https://en.toraland.org.il/about/. 67 “Maimonides Introduction to Perek Helek,” Maimonides Heritage Center, https://www.mhcny.org/qt/1005.pdf. 68 “Defining Anti-Semitism.” 69 Alyza Lewin,” Fighting Back against Jew-Hatred on Campus,” Jewish Star, July 9, 2020, https://www.thejewishstar. com/stories/fighting-back-against-jew-hatred-on-campus,19410. 70 Frank Newport, “American Jews, Politics and Israel,” Gallup, August 27, 2019, https://news.gallup.com/opinion/ polling-matters/265898/american-jews-politics-israel.aspx. 71 Idem, “Religion Plays Large Role in Americans’ Support for Israelis,” Gallup, August 1, 2014, https://news.gallup.com/ poll/174266/religion-plays-large-role-americans-support-israelis.aspx. 72 Leonard Saxe et al., “Hotspots of Antisemitism and Anti-Israel Sentiment on US Campuses,” Brandeis University (October 2016), https://www.brandeis.edu/ssri/pdfs/campusstudies/AntisemitismCampuses101316.pdf. 73 “5 UC Schools in Top 10 for Worst Anti-Semitism Record in 2015, New Study Reveals,” AMCHA Initiative, https:// amchainitiative.org/UC-worst-antisemitism-record-in-2015, accessed August 4, 2020; “Report on Antisemitic Activity in 2015 at U.S. Colleges and Universities with the Largest Jewish Undergraduate Populations,” AMCHA Initiative, https://www.amchainitiative.org/wp-content/uploads/2016/03/ Antisemitic-Activity-at-U.S.-Colleges-and-Universities-with-Jewish-Populations-2015-Full-Report.pdf, accessed August 4, 2020. 74 2019 N.J.S.B. 5939, 218th Leg., https://www.njleg.state.nj.us/2018/Bills/A9999/5939_I1.HTM. 75 “Report on Antisemitic Activity during the First Half of 2016 at U.S. Colleges and Universities with the Largest Jewish Undergraduate Populations,” AMCHA Initiative, https://www.amchainitiative.org/wp-content/uploads/2016/07/ Report-on-Antisemitic-Activity-During-the-First-Half-of-2016.pdf, accessed August 4, 2020). 76 “Anti-Semitism in the United States: Statistics on Religious Hate Crimes (1996–2018),” Jewish Virtual Library, https:// www.jewishvirtuallibrary.org/statistics-on-religious-hate-crimes, accessed August 4, 2020. 77 Quincy Walter, “Anti-Semitic Crime in the U.S. Reaches Record Level,” WBUR News, May 12, 2020, https://www.wbur. org/news/2020/05/12/antisemitic-crime-record-level. 78 Emily Guskin, “How Many Jews Live in the U.S.? That Depends on How You Define ‘Jewish,’” Washington Post, February 23, 2018, 6:00 AM, https://www.washingtonpost.com/news/post-nation/wp/2018/02/23/measuring-the-size-of- the-u-s-jewish-population-comes-down-to-identity/. 79 “What do Anti-BDS Bills Do? They don’t Perpetuate, but Prevent Discrimination,” New Jersey Jewish News, June 22, 2016, https://njjewishnews.timesofisrael.com/what-do-anti-bds-bills-do-they-dont-perpetuate-but-prevent-dis- crimination/#.Wc8CjNOGM0o. It is also worth noting that the bills involve government speech, not private speech, and so they are not subject to the same First Amendment considerations, and that the aspects of BDS that the bills deal with are, arguably, not protected speech. See Ark. Times LP v. Waldrip, 362 F. Supp. 3d 617 (E.D. Ark. 2019).

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