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Thursday, February 05, 2026
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A group of roughly 60 students with Israeli flags play music and dance on Library Mall on May 1, 2024.

Bipartisan antisemitism bill draws controversy over free speech

A bipartisan Senate bill would adopt the International Holocaust Remembrance Alliance’s definition of antisemitism into Wisconsin law.

Tensions rose in discussion over a bipartisan bill that would require state agencies, including the University of Wisconsin System, to adopt the International Holocaust Remembrance Alliance’s working definition of antisemitism for any “law, ordinance or policy” when evaluating possible discriminatory intent at a Jan. 28 public hearing.

Republican lawmakers cited a sharp increase in antisemitic incidents in recent years showing a pressing need for the bill, while some Democrats raised concerns adopting the definition could stifle criticisms of Israel — including on college campuses — despite the legislation stating that it cannot be used to infringe on any First Amendment rights. 

Daniel Hummel, a research fellow with the History Department at the University of Wisconsin-Madison and an expert on U.S. relations with Israel, said there has been increased “antisemitic rhetoric around campus” since the Oct. 7, 2023 Hamas attack on Israel.

The Milwaukee Jewish Federation reported 95 antisemitic incidents in Wisconsin in their 2024 audit, a slight decrease from 113 in 2023, but a 458% increase from when the Federation began its annual audit in 2015.

The IHRA defines antisemitism as “a certain perception of Jews, which may be expressed as hatred toward Jews.” 

The IHRA lists “contemporary examples” of antisemitism on its website, tying the definition to criticism of Israel. Examples include “drawing comparisons of contemporary Israeli policy to that of the Nazis,” “requiring of [Israel] a behavior not expected or demanded of any other democratic nation,” or “denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.”

The ACLU of Wisconsin has come out in opposition, saying “federal law already prohibits discrimination – including antisemitic discrimination – on the basis of race, color, or national origin.” The ACLU also said the IHRA definition is “overbroad by equating protected speech with unprotected discrimination.”

UW-Madison faculty advocacy group PROFS also opposes the legislation saying the definition would become legally binding, despite the authors of the IHRA calling it non-binding. 

Hummel said the IHRA definition is a valuable tool in analyzing the history of antisemitism, or for determining whether modern rhetoric is possibly antisemitic, adding that many activist groups opposed to antisemitism use the IHRA definition in their work. But he also said the definition shouldn’t be used for legislation.

“It’s a definition that can be very useful in certain circumstances, but when you move it into the legal legislation area, it’s just not precise enough,” Hummel said. The definition has “too many ambiguities” within it to be good law, Hummel said.

Hummel also cautioned using the definition in a classroom setting. 

“I am sure there are classrooms in states that have adopted the IHRA definition that are having great discussions, and that’s because there are good teachers,” Hummel said. “But in other cases, you might have really bad enforcers. Or people who are looking to impose it very rigorously because of their personal politics.”

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Jewish UW-Madison students met with Chancellor Jennifer Mnookin amid the 2024 pro-Palestine encampment with several demands, including that the university adopt the IHRA definition of antisemitism. The university never publicly weighed in and in a May 2024 text message obtained by The Daily Cardinal Mnookin said she viewed commenting on the IHRA definition of antisemitism as “not something for me ever to do in my institutional capacity.”

The IHRA’s definition was recognized by both the Biden and Trump administrations and has been adopted in some manner by 37 states where its impact has varied.

Florida passed IHRA antisemitism legislation in June 2024 and the state’s university system used the definition to conduct a full review of course materials with an antisemitic bias. 

The state identified class materials to review by searching for keywords in course descriptions and syllabi including “Israel,” “Palestinian,” “Middle East,” “Zionism,” and “Jews.” Courses containing these keywords were then inspected for antisemitic or anti-Israel bias.

The UW System did not reply to a request for comment on how adopting the IHRA definition would impact classroom policy and interactions with campus protests in the future.

The Senate bill has a companion bill in the Assembly, which was introduced on Sep. 19, 2025 and had its own public hearing on Oct. 22, 2025.

The Senate Committee on Judiciary and Public Safety voted along party lines Tuesday to advance the bill, sending it to the Senate floor where the legislation is now available for scheduling.

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