The Trump administration is adopting a new definition of anti-Semitism in schools which is favored by pro-Israel groups and could threaten the right to free speech, a report says.
The change is outlined in a letter Kenneth Marcus, who leads the Education Department’s Office for Civil Rights, wrote last month and a copy of that was obtained by Politico.
The letter, in which Marcus re-opened a 2011 investigation into Rutgers University in relation to alleged discrimination against Jewish students, worries critics who believe it will limit free speech on campus.
In its investigation, the department would adopt the “working definition” of anti-Semitism that is “widely used by governmental agencies” including the US State Department, Marcus wrote.
The examples included in the new definition show that demonizing or delegitimizing Israel, or holding it to a "double standard", are deemed anti-Semitic.
While it is a definition some pro-Israeli activists have long sought as a tool to restrain discrimination on campuses, some civil liberties organizations and advocates for Palestinian rights argue that the definition is so broad, noting it would label criticism of Israel as anti-Semitic.
The department will now reassess the evidence “in light of the definition of anti-Semitism,” the writer said in the letter about the Rutgers case, which was closed in 2014 over insufficient evidence of discrimination.
Marcus wrote that investigators want to determine “whether a hostile environment on the basis of national origin or race existed at the University for students of actual or perceived Jewish ancestry or ethnic characteristics.”
The adoption of this new definition comes as Congress has debated the issue over the past several years.
The Senate overwhelmingly passed bipartisan legislation in 2016 that would have compelled the department to adopt the State Department definition in evaluating discrimination complaints. However, the bill failed to pass the House for concerns that it could interfere with students’ free speech rights.
Earlier this year, the House Judiciary Committee held a hearing on the bill, but it still faces an uncertain fate in Congress.