University of Wisconsin-Madison faculty raised concerns over a bill aimed at adopting the International Holocaust Remembrance Alliance’s working definition of antisemitism for any “law, ordinance or policy” when evaluating possible discrimination for all state institutions including the University of Wisconsin System.
United Faculty and Academic Staff Co-president Barret Elward said the union called on Gov. Tony Evers to veto the legislation, citing worries about the bill’s language and how fast it moved through the legislature. The bill fast-tracked both chambers after lawmakers expressed concern about the rise of antisemitism in Wisconsin.
The IHRA defines antisemitism as “a certain perception of Jews, which may be expressed as hatred towards Jews,” and in its list of “contemporary examples of antisemitism,” gives many examples tying the definition to criticism of Israel.
Elward said the IHRA’s definition of antisemitism was designed to be used as a tool for researchers to study the prevalence of antisemitism. He believes the legislation — which would require universities, colleges, schools or any public institution to use this definition when looking at evidence of discrimination — is overreach, pointing to concerns over free speech.
“A law professor at the University of Kentucky has been suspended from teaching, and is potentially going to lose his job, due to his advocacy for Palestine,” Elward said. “In the notices of investigation that the university has sent him, they're specifically citing [Kentucky’s] IHRA definition of antisemitism.”
Despite backlash, some UW-Madison faculty, like sociology professor Chad Alan Goldberg, support the bill. Goldberg has stated his support publicly, saying he believes criticisms of the legislation are “overblown and really misplaced.”
Goldberg told The Daily Cardinal the bill would require Wisconsin to use this definition when evaluating discriminatory intent under current antidiscrimination laws, adding that he believes the bill is misunderstood and does not make disagreeing with the definition a criminal act.
“All the bill does is adopt the definition as a tool so that if there is a criminal offense, state agencies can use that definition to help determine whether there's an antisemitic dimension to the crime,” Goldberg said.
Looking at the contemporary examples listed, Goldberg said not all criticisms of Israel are antisemetic, but criticisms of Israel “can be expressed in antisemetic ways.”
“We know that anti-Israel attitudes have motivated attacks on Jewish individuals and Jewish institutions, and we've seen a lot of that in the last year or so,” Goldberg said. “Most recently, of course, with this really terrible attack on Temple Israel in West Bloomfield, Michigan, just a week ago.
The bill would identify discrimination. Violation of Wisconsin discrimination laws can result in criminal charges, but are more commonly enforced through civil penalties. If passed, Wisconsin would become the 37th state to adopt the IHRA definition.
Elward said UFAS and the AFT-Wisconsin are “appalled” by the rise in antisemitism, Islamophobia and other bigotries, but want to combat it differently.
“This bill does nothing to actually make anyone safe,” Elward said. “We've been advocating [for] a panel or a committee together that would look at all forms of bigotry across the state and find ways to fight them, instead of just this legislation.”
The bill, Goldberg noted, includes language stating the legislation does not diminish the First Amendment or conflict with federal and state anti-discrimination laws.
Still, UFAS worries the bill will have a chilling effect on free speech and future research.
“This is designed to stifle speech all across the state, and specifically stifle academic freedom, advocacy and free expression on our campuses,” Elward said.
The bill currently awaits Evers’ approval after swift movement through the legislature. It moved quickly through the Assembly after being amended 24 hours prior to the presentation and vote, Elward said.
