Antisemitism is white supremacy. Texas hates free speech & enables hate

Texas colleges' adoption of IHRA antisemitism definition threatens student free speech

Texas Governor Greg Abbott's recent order mandating the inclusion of a new, broad definition of antisemitism in public university policies has disturbing implications for free speech on campus. The order, which aligns with the International Holocaust Remembrance Alliance's (IHRA) controversial definition, effectively curtails the First Amendment rights of students, as evidenced by public records obtained by the Foundation for Individual Rights and Expression (FIRE).

Its vague, broad language means that students can be punished for peaceful protest and core political speech protected by the Constitution.

The IHRA definition, with its vague and sweeping language, allows for the punishment of students engaging in peaceful protests and expressing political views critical of Israeli policies, which are protected by the Constitution. Even the definition's primary author, Kenneth Stern, opposes its use in legislation as it threatens free speech. He asserts that the definition was intended for data collection and not as a tool to restrict campus discourse.

Abbott's order grants universities unprecedented power to discipline students for almost any expression related to the Israeli-Palestinian conflict, even targeting specific groups like the Palestine Solidarity Committee and Students for Justice in Palestine. This blatant disregard for free speech principles has sent a chill across Texas campuses, as reported by students and reflected in public records obtained by FIRE.

But that’s not how free speech works — and no student’s right to speak on important issues can be curtailed based on what clubs they join.

Texas colleges, including Panola College, Texas Tech, and South Texas College, have adopted blanket bans on any expression deemed antisemitic under the IHRA definition, regardless of context or format. Dallas College, Laredo College, and Amarillo College have gone as far as prohibiting events, flyers, and printed materials associated with the protected expression. Violations can lead to severe penalties, including suspension, termination, and expulsion.

While colleges have a duty to protect their communities from violence, they must do so without trampling on the First Amendment. Texas colleges have the responsibility to uphold the narrow categories of speech unprotected by the First Amendment, such as true threats, incitement to violence, or properly defined harassment, rather than broadly censoring expressions as "antisemitic" or "hate speech."

The IHRA definition is simply the wrong tool for the job.

Abbott's order will inevitably stifle protests, hinder productive dialogue, and deepen ideological divisions on campuses. As the new school year approaches, Texas colleges must resist Abbott's unconstitutional mandate and prioritize the First Amendment rights of their students.

Nordstrom and Marchand are program officers at the Foundation for Individual Rights and Expression, a non-profit organization dedicated to defending and sustaining the individual rights to freedom of speech, academic freedom, and due process on America's college campuses.