Illustrative: Pro-Hamas students rally at the encampment for Gaza set up at George Washington University students. Washington, DC, April 25, 2024. Photo: Allison Bailey via Reuters Connect
Jewish civil rights advocates, faith leaders, and academics appeared as witnesses for a US Senate committee hearing on Thursday to discuss the ongoing campus antisemitism crisis and the Trump administration’s recent crackdown on anti-Zionist activity, a subject that has sparked a hotly contested debate on civil liberties and the limits of academic freedom.
Held by the Senate Health, Education, Labor, and Pensions (HELP) Committee, the hearing came on the heels of a policy offensive in which the Trump administration has canceled hundreds of millions of dollars in federal grants to Ivy League schools accused of ignoring antisemitic discrimination, created a federal inter-agency task force on antisemitism, and ordered the deportation of anti-Zionist students and faculty who are accused of providing material support to Hamas and participating in other seditious activities.
“Educational institutions are not public streets or sidewalks, and students need not be permitted to engage in expressive activity wherever, whenever, and however they wish — for example, including by wearing masks to conceal their identities — especially when such allowances ultimately contribute to the creation of hostile educational environments,” Carly Gammill, legal policy director at StandWithUs, told the committee, making the case for regulating utterances of campus speech and assembly which undermine Jewish students’ civil rights to a college education free from discrimination.
Other speakers included Rabbi Levi Shemtov of American Friends of Lubavitch (Chabad), Rabbi David Saperstein of Religious Action Center of Reform, and Kenneth S. Stern, director of Bard College’s Center for the Study of Hate.
“Antisemitism is not just an age-old prejudice, it is a contemporary crisis manifesting on campuses across the nation,” Shemtov said. “As my father once taught me, it is not enough for people, especially for public figures, to not be antisemitic, we must be anti-antisemitic. We must demand the same of our universities and governmental institutions.”
Representing a civil libertarian viewpoint, Stern argued against codifying the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism into law and imposing punitive measures on college students and faculty accused of promoting antisemitism.
“Students, including Jewish students, have a right not to be victims of true threats, harassment, intimidation, bullying, discrimination, let alone assault. However, they should expect to hear ideas that cut them to their core,” Stern told the committee. “If we bludgeon the campus into submission, we risk destroying an institution that has made America the envy of the world.”
He continued, “I am more worried now that the campus tensions over [the Israeli-Palestinian conflict] threaten higher education, as each side tries to silence the other. Pro-Palestinian activists sometimes use a heckler’s veto to promote academic boycotts and sometimes exclude Zionists from social spaces, which is almost always McCarthy-like and sometimes clearly antisemitic. But I’m more worried about the use of the law to silence pro-Palestinian speech.”
Stern also criticized US Immigration and Customs Enforcement’s (ICE) high-profile arrest and detainment of Mahmoud Khalil — a Columbia University alumnus who was an architect of the Hamilton Hall building takeover and other disturbances in the New York City area this semester — as “McCarthyism,” prompting a rebuke from HELP committee member Sen. Josh Hawley (R-MO).
“As you very well know, United States law says that a noncitizen is inadmissible for entry into this country if they, and I quote, ‘endorse or espouse terrorist activity or persuade others to do the same.’ That same law provides you can be removed for the same reasons,” Hawley responded. “That is what Mr. Khalil has been accused of. He has further been accused of, by the United States government, lying on his visa application. That on its own would be sufficient to remove him from this country.”
Hawley added that Khalil is named as a defendant in a new lawsuit which accuses him of “terrorizing and assaulting Jewish students, unlawfully taking over and damaging public university property, and assaulting Columbia University employees.” He then asked Stern, “You’re telling me that it’s McCarthyism to remove this individual?”
Republican lawmakers have called for holding higher education accountable since Hamas’s Oct. 7, 2023, massacre across southern Israel set off an explosion of antisemitic sentiment on college campuses, causing a succession of conflagrations which still are still burning hot at schools such as Columbia University.
In December, the Republican-led US House Committee on Education and the Workforce issued a report which said that nothing short of a revolution of the current habits and ideas which constitute the current higher education regime can prevent similar episodes of unrest from occurring in the future. Colleges, it continued, need equal enforcement of civil rights laws to protect Jewish students from discrimination and “viewpoint diversity” to prevent the establishment of ideological echo chambers.
The report also said that “academic rigor,” undermined by years of dissolving educational standards for political purposes, would guard against the reduction of complex social issues into the sloganeering of “scholar activism,” in which faculty turn the classroom into a soapbox and reward students who mimic them.
Earlier this month, US Sen. Tom Cotton (R-AR) proposed two new bills which would impose legal sanctions on purveyors of pro-terror ideologies on university campuses and the higher education institutions that harbor them.
The “No Student Loans for Campus Criminals Act” would prevent any campus protestor convicted of a crime from receiving federal student loans or student loan relief, and the “Woke Endowment Security Tax Act (WEST)” would levy a 6 percent excise tax on the endowments of 11 American universities, using the proceeds to pay down the national debt and secure the southern border shared with Mexico. According to Cotton’s office, the bill would generate $16.6 billion in revenue.
“The American people should not be on the hook for the tuition of Little Gaza inhabitants,” Cotton wrote on social media. “Second, our elite universities need to know the cost of pushing anti-American and pro-terrorist agendas.”
Follow Dion J. Pierre @DionJPierre.
