New bill makes clear anti-Semitism has no place in Arizona
The following column is the opinion and analysis of the writers.
By Sen. Karen Fann and Rep. Alma Hernandez
SPECIAL TO THE ARIZONA DAILY STAR
Because of the recent surge in anti-Jewish violence, such as last month's massacre in Jersey City, N.J.; the machete attack in Monsey, N.Y; the Tree of Life synagogue mass shooting in Pittsburgh; and the synagogue shooting at the Chabad synagogue in Poway in California, it is utterly imperative that Arizona join in confronting the rising tide of anti-Semitic crime and discrimination. Accordingly, in this legislative session we will be filing a bill that will clarify state policy, improve prevention methods, create uniformity between intervention and prevention programs across jurisdictions and data collection sources, and bolster law enforcement efforts.
Jews make up less than 2% of the American population, yet they are among the most likely of all minority groups to be victimized by incidents of hate. Moreover, the frequency and severity of anti-Semitic incidents are quickly trending upward. The number of Jewish students witnessing or experiencing anti-Semitism on college campuses across the country has spiked to nearly 75%. The perpetrators come from diverse backgrounds, indicating that anti-Semitism spans a wide sociopolitical spectrum.
The bill we are filing will codify a uniform definition of anti-Semitism that provides law enforcement authorities and state officials with objective assessment tools for investigating, monitoring, reporting or assessing potential violations of laws or policies that prohibit illicit acts or practices motivated by bias against race, religion or national origin.
Critics of the bill will deceptively suggest that it infringes on free-speech rights. However, crime and discrimination, which is exclusively what this bill addresses, are not protected by the First Amendment. Our bill explicitly states: 'Nothing contained in this bill is to be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution.'
In fact, rather than restrict private rights to free expression, this bill actually protects against the unlawful suppression of others' free speech, a troubling occurrence we have seen all too often on college campuses in recent years. We saw it happen this past November at Arizona State University, where anti-Israel students violated other students' free-speech rights by disrupting an event in a room on campus that had been reserved by Jewish student organizations.
As a similar 2010 case at UC-Irvine clearly illustrates, the First Amendment is not a legal predicate for suppressing the freespeech rights of others.
It's important for the public to be undeterred by the First Amendment pretense and to understand why our bill's critics really hate it. The uniform definition of anti-Semitism it contains is drawn directly from the prevailing definition used by the U.S. federal government. This definition recognizes that it is not anti-Semitic to criticize Israel when the same standards are applied to all countries. On the other hand, this definition also recognizes that anti-Israel and anti-Zionist expressions can be systematically used to convey an anti-Jewish message. As Justice Louis Brandeis famously stated, 'Sunlight is the best disinfectant.' The clarity provided by this definition means that anti-Semitism can no longer be whitewashed by claims of mere political opposition to Israel.
The surge of anti-Semitism we are witnessing in America is inextricably connected to the boycott, divestment and sanctions (BDS) movement, the economic and political warfare component of a campaign being waged against Israel — the world's one and only Jewish country — attacking virtually every aspect of its historic, legal, political, economic and cultural life, with the goal of undermining the sovereignty, security and legitimacy of Israel's very existence. Arizona has already passed a law regulating against state financial involvement with parties that engage in BDS. The BDS movement encourages anti-Jewish bigotry that, if unchecked, will give rise to persecution and violence.
State officials and institutions are responsible for protecting all of our citizens from hate and bigotry — especially those who are most vulnerable. Passage of an Arizona law defining anti-Semitism will ensure that incidents of anti-Semitic hate and bias are treated equally under the law by providing state authorities with proper definitional tools for ascertaining the intent of persons who engage in unlawful activity. In doing so, Arizona will once again set an example of moral clarity and clearly send the message that hate and bigotry have no place in our Grand Canyon State of Arizona.
Senate President Karen Fann is a Republican serving Legislative District 1. She resides in Prescott. She has been an elected official for 20 years serving in municipal and state positions. Rep. Alma Hernandez is a Democrat and first-term legislator on the Health and Human Services and Federal Relations committees. She is a proud member of the Jewish community in Southern Arizona.
Karen Fann
Senate president
Rep. Alma Hernandez
D-Tucson
