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JLeslie's avatar

Have you heard of this law that SC passed regarding not being able to criticize Israel?

Asked by JLeslie (65412points) May 18th, 2018 from iPhone

I don’t see how this is a legitimate law in America! What do you think about it? It scares me that we have a law like this on the books about any topic.

Here’s a link.

https://www.aljazeera.com/news/2018/05/critics-denounce-south-carolina-anti-semitism-law-180513113108407.html

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42 Answers

ARE_you_kidding_me's avatar

This is just one of several unintended consequences that stem from attempting to normalize censorship of speech and ideas. Hate speech is just that, hatefull but it should not be censored because if you let that through what weight is there behind free speech when the tide turns like this? This law should scare everybody.

LostInParadise's avatar

This law will not help Jews. There are plenty of anti-Semitic supporters of Israel. There has been an uptick in anti-Semitic incidents since Trump was elected, particularly in the Southeast. I doubt that this is due to anything being done by Israel.

stanleybmanly's avatar

It will never withstand a challenge in the courts.

Demosthenes's avatar

@LostInParadise Yeah, I knew someone online who was an anti-Semitic supporter (in that he wanted Jews out of America and Europe and wanted them all to stay in Israel).

People who try and censor free speech are going to find themselves on the wrong side of history, that’s all I can say.

Darth_Algar's avatar

It will collapse on the first legal challenge to it.

Call_Me_Jay's avatar

Here’s the law below.

It doesn’t ban anything, it gives a definition of anti-Semitism for colleges and universities to use when deciding if school policies have been violated.

It’s weirdly specific. It would be like defining robbery as forcibly taking money in US dollars from a person to the exclusion of all other currencies. Or more like defining robbery as taking shekels.

I expect the first lawsuit involving this will win on first amendment grounds.

11.21. (CHE: Prohibition of Discriminatory Practices)

(A) In the current fiscal year and from the funds appropriated to the Commission on Higher Education, the commission shall print and distribute to all South Carolina public colleges and universities the definition of anti-Semitism.

(B) For purposes of this proviso, the term definition of anti-Semitism includes:

(1) a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities;
(2) calling for, aiding, or justifying the killing or harming of Jews;
(3) making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as a collective;
(4) accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, the state of Israel, or even for acts committed by non-Jews;
(5) accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust;
(6) accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interest of their own nations;
(7) using the symbols and images associated with classic anti-Semitism to characterize Israel or Israelis;
(8) drawing comparisons of contemporary Israeli policy to that of the Nazis;
(9) blaming Israel for all inter-religious or political tensions;
(10) applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation;
(11) multilateral organizations focusing on Israel only for peace or human rights investigations; and
(12) denying the Jewish people their right to self-determination, and denying Israel the right to exist, provided, however, that criticism of Israel similar to that leveled against any other country cannot be regarded as anti-Semitic.

(C) South Carolina public colleges and universities shall take into consideration the definition of anti-Semitism for purposes of determining whether the alleged practice was motivated by anti-Semitic intent when reviewing, investigating, or deciding whether there has been a violation of a college or university policy prohibiting discriminatory practices on the basis of religion.

(D) Nothing in this proviso may be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States or Section 2, Article I of the South Carolina Constitution, 1895.

JLeslie's avatar

@Call_Me_Jay Thanks for posting that in full. I wonder if other laws exist like this about other groups?

It is incredibly specific. Why did this even get proposed I wonder? Is there that much antisemitism and anti-Israel sentiment? Or, are they trying to prove they are Israel supporters and not anti-semitic? What is the real intention I wonder.

Call_Me_Jay's avatar

Why did this eve get proposed I wonder?

Because self-described “America First” conservatives are actually “Israel First (so Jesus can return and eliminate Judaism)”.

stanleybmanly's avatar

It really is unsettling just how down the downside to representative democracy can be. Trump eliminated once and for all our bragging rights about “Anyone can be President”, and this law, clearly unconstitutional on its face, betrays its proponents for blatant incompetence in the performance of their jobs. In the end, there’s really nothing good that can come from a government increasingly at the behest of a shamefully ignorant electorate. We get the government we deserve.

janbb's avatar

This reads like a Meghan’s law; a law created in response to a very specific situation. It also sounds like they are trying to control and curb academic freedom. Bad idea.

stanleybmanly's avatar

The wonder of it isn’t so much that people want to pass laws commanding you what to think, it’s the failure to understand that advocacy of such a thing is equivalent to an open declaration that “I am an idiot”

janbb's avatar

@rebbel South Carolina

MrGrimm888's avatar

The conservatives, are actively trying to do something about there being so many liberals in American Universities. Anything that they can point to, to remove a “liberal” professor, is helpful to that end.

I wager Trump would LOVE to enact lots of similar laws. If you can’t beat em, throw them in jail. Tyrannical dictatorship. That’s the future, if shit like this keeps coming.

We should probably burn all books, that are considered anti-Israel too. Maybe all books that don’t align with conservative values. Hell. Let’s just burn all books. Then we can just do the right thing. Whatever our supreme leader wants…

MrGrimm888's avatar

And of course, this embarrassing shit happened in my state….... SMH…...

flutherother's avatar

This kind of anti-anti-Semitism seems counterproductive to me. Why single Jews out as a special case? Wasn’t this the problem in the first place?

JLeslie's avatar

@MrGrimm888 Interesting take.

Yellowdog's avatar

If you haven’t noticed, there are multifarious groups on college campuses and in other institutions that campaign against Jews and against Israel. Most of them are Islamic and Black Islamic (Louis Farrakhan) groups Liberal factions of the United Methodist Church and the PC-USA also officially Boycott, Divest, and Sanction against Israel, Israeli citizens, Jews, Jewish professors and institutions.

The Boycott, Divestment and Sanctions Movement (also known as the BDS Movement) is a global campaign promoting various forms of boycott against Israel until it meets what the campaign describes as ”[Israel’s] obligations under international law”,defined as withdrawal from the occupied territories, removal of the separation barrier in the West Bank, full equality for Arab-Palestinian citizens of Israel, and promotion of the right of return of Palestinian refugees

Campaigns promoting Holocaust denial and campaigns against Jews in the government and banking institutions are also emerging again, especially on college campuses.

Most college students are strongly anti-Israel and antisemitism against ALL Jews is returning. Many states, besides South Carolina, have advocated such laws.

janbb's avatar

@Yellowdog. Nevertheless, we have free speech in this country and supporting a boycott or criticizing Israel is not hate speech.

Yellowdog's avatar

We can’t speak about Christianity in public because it might offend someone.

But we can show Jews as bloody subhuman liars, slum-lords and people controlling the world’s money, and Israel said to be the world’s number one violator of human rights, censor their speakers (free speech?) and professors, and burn their flag in the name of free speech.

janbb's avatar

Who is not speaking about Christianity in public??!?

MrGrimm888's avatar

I’m trying to figure out how antisemitism, is on the rise…

Israel has commited a litany of war crimes, human rights violations, and other atrocities. I see little reason not to try to hold them accountable.

There is almost constant protesting on Israel’s border, recently. Thousands have been injured, and dozens killed by the Israeli military. It’s a very current and relevant topic…

janbb's avatar

Anti Semitism is definitely on the rise in America with the Neo-Nazis, vandalism and hate talk. But criticizing Israel for its actions is not equivalent to anti-Sémitism and is not hate speech. There are many Jews in both America and Israel who deplore the Israeli oppression of Palestinians. Laws making criticism of any country illegal are fascistic.

Yellowdog's avatar

MrGrimm—do you support Hamas or terror? That’s the protest on Israel’s border.

When your border is stormed with bombs and people intent on killing, you defend your citizens.
Would you give free speech rights to the Klan, or allow them to bomb immigrants and say, oh well, those immigrants have no right to defend themselves.

Israel has a right to defend its citizens. I don’t know where you are getting the information that Israel has committed war crimes and human rights violations. Hamas are terrorists.

Almost half the states have laws similar to the one described here. I can assure you there are good reasons for them. Antisemitism is alive and well on college campuses .for sure

stanleybmanly's avatar

@Yellowdog Antisemitism may be alive and well, but that doesn’t excuse you for willingly stepping into that trap set for knuckleheads—that opposition to Israeli policies is equivalent to hatred of Jews. You might as well pitch that my opposition to the war on Iraq is proof of my hatred of Christians, White folks or America itself.

stanleybmanly's avatar

@Yellowdog The problem with labeling the Palestinians and Hamas as criminals is that it ignores the BIG crime responsible for generating any and all subsequent disputes. Israel stole and is CURRENTLY stealing Palestinian lands. Israel is a colonial power and there isn’t a nickel’s worth of difference between what Israel is NOW doing and what we did to the Sioux or Cherokee. Actually there is a difference, and it’s this. We got away with it because it was 150 years ago and we managed to virtually exterminate OUR Palestinians. We alone of the civilzed nations refuse to accept that Israel is engaged in a criminal enterprise of forced colonization in an age when colonialism is no longer acceptable.

JLeslie's avatar

@Yellowdog WTH? Most college students are antisemitic? Says who? I’m the first to say blanket statements like “the Jews are hated” in a half serious half sarcastic tone, but I do not believe most people in America, or more specifically most college students, are antisemitic.

I also agree with @janbb and @stanlybmanly that you can’t equate the Jews with Israel and vice versa, and being able to freely discuss, and even condemn, Israel’s actions, is not necessarily antisemitic. When I am not happy with what America is doing I am not anti-American, although come to think of it some people try to twist it into that.

Maybe you know something we don’t though. Maybe you hear what Jews aren’t privy to. If you think like that I assume a lot of people do. It doesn’t completely surprise me that some Christians do equate the Jewish people with Israel. That’s all we are good for is taking care of what needs to be done in Israel to bring on the prophecy. I have people on Facebook saying Trump is helping make it all come true.

Yellowdog's avatar

I see anti-Israeli crap all over college campuses, and lower-key anti-Jewish posters here and there, a little less approved but very present.

Even though none of you believe in the Bible, the Bible is an ancient document that clearly defines Israel. It must be pretty damn discouraging to those who deny Israel but excavate a little dirt and find Israeli paintings, frescos, artifacts, pottery, and religious symbols everywhere they dig.

There have ALWAYS been SOME Jews in the area—it was never completely divested. The State of Palestine does not exist, Israel belongs to Israel. Israel is the only democracy that will allow free access to these ancient, sacred sites sacred to three great faiths and many ethnic-cultural groups,

By the way, most Israelis I’ve met are very LIBERAL and educated if that makes a difference. Most Muslims will persecute you and exist to wipe Israel off the map,

There IS a strong anti-Israeli vibe on campuses and some don’t even permit Israeli speakers or new faculty.

JLeslie's avatar

@Yellowdog Does your work bring you to college campuses a lot? I’m not denying there is some antisemitism on college campuses, but you make it sound very widespread and dominant.

Always been some Jews in what area? In the area of Israel?

Yellowdog's avatar

I lost most of my edit in a temporary loss of the Internet connection.

Israel is a modern democracy and it has a right to everything it has taken by Military conquest according to international law. This has time and time again been verified and ratified at The Hague where international disputes are settled.

Whenever someone wages a war on you, and you are the victor, and win the war, you get the land. There have been many accords and treatises which have confirmed Israel’s right to lands they had to conquer due to military conflicts with those who would obliterate them.

I know many Jews will deny Israel in a woeful effort at keeping peace. But Israel still belongs to them as an ancient heritage and a modern, progressive and liberal society in a very backward, war-torn region. And there is no peace with those who deny your right to exist,

All of this crap about Israel being “The world’s number one violator of human rights” obviously makes me very, very angry—some of Israel’s neighbors will kill you for being gay or accused of being gay—or will rape a woman and stone her for adultery in a “mercy killing” while the man gets nothing—these are the people spreading the propaganda about Israel being “the number one violator of human rights”

flutherother's avatar

@Yellowdog Modern democracies don’t have a right to everything they take by military conquest. If that was the rule we wouldn’t need the international courts of the Hague to settle international disputes.

Israel is a country like any other and should play by the same rules. Modern, progressive and liberal is admirable but that is hardly compatible with relying on violence to achieve your aims.

JLeslie's avatar

@Yellowdog Don’t confuse things. People can be pro-Israel, and still disagree with Israel making more settlements, and disagree with Israel’s extreme retaliation when attacked. It’s not as black and white as you present it. It reminds me of Bush’s line, “if you’re not for us you’re against us.”

Israel is a legitimate state in my opinion, but not so much because they were there thousands of years ago. Yes, that is part of the reason the Jewish people were given that land, but it’s after the land had been occupied and it’s understandable why the Arabs might perceive it as just as much Arab land as Jewish. Think about it, are you giving up your land to the native Americans?

Yellowdog's avatar

As this week’s events in Gaza showed, the terrorist organization committed to Israel’s destruction can still manipulate the media into demonizing Israel for the legitimate actions it takes to defend itself.

Hamas’s four-step formula for success is by now familiar. First, get a media that is largely hostile toward Israel, simply ignorant or both to ignore Hamas’s genocidal goals and excuse its terrorism. Second, put Palestinian civilians in harm’s way. Third, force Israel, while defending itself, to kill some of those civilians. Fourth, rely on that same hostile and ignorant media to blame Israel for these deaths.

In Gaza, step one began some seven weeks ago. Hamas called for tens of thousands of Palestinians to join a weekly “March of Return” — effectively, the flooding of Israel with millions of the descendants of Palestinian refugees from the War of Independence (which five Arab nations started, promising to throw the Jews into the sea).

The March of Return was to culminate in a mid-May march on “Nakba” day, which Palestinians mark each year to remember the “catastrophe” of Israel’s creation.

Palestinian “marchers” were told to break down the security fence separating Gaza from Israel, a clear and present danger to all those living in Jewish communities only hundreds of yards from that fence.

Yahya Sinwar, the leader of Hamas in Gaza, could not have been clearer about his goals: “We will take down the border and tear out their hearts from their bodies.”

But as thousands of Palestinians showed up to achieve that murderous goal, the media was determined to tell another tale. Press reports insisted that the march was “against the occupation” and “for humanitarian relief” in Gaza. Such nonsense continued even as rioters destroyed the very infrastructure that enables Israel to deliver food, medicine and supplies into Gaza.

This week, the media narrative shifted. Despite all evidence to the contrary, suddenly we were told that the riots in Gaza were against the opening of the U.S. Embassy in Jerusalem. “Marches over embassy move take on violent edge” read a headline in The Post, one of many similar headlines around the globe.

Yellowdog's avatar

Flutherother—I will try to get more information on Israel’s right to the lands that they occupied driving out those who waged war on them. I also ask that you do not judge Israel on your dislike of me, or your distaste for evangelical Christians who support Israel, or the extreme hatred of Donald Trump, Israel is a progressive, liberal, technologically innovative nation which does not adhere to being a theocracy or “Jewish” state religionwise

Israel has ENDLESSLY tired with negotiations with the “Palestinians” to no avail.

International law defines “occupation” as one power occupying the lands of a foreign sovereign. In Israel’s case, Israel is not occupying any foreign sovereign’s land—Israel entered the area known as the West Bank in 1967 and took over the authority to administer the land from Jordan, which was never considered to be a sovereign in the area.

In actual fact, Israel and the Jewish people have got claims to the area that go far back into history. Anybody who reads the Bible can appreciate the fact that there is a very solid historic legal basis to the claim of Israel with respect to the territories and therefore Israel considers the territories not to be occupied, not to be Palestinian, but as in dispute.

Israel considers that its claims are far better based and better documented than any other claims, but Israel is committed to conduct negotiations with the Palestinians in order to find a permanent settlement to the issue.

The Jordanians, who occupied the territory after the 1948 war, annexed it, but this annexation was never really recognized or acknowledged by the international community. At a later stage the king of Jordan voluntarily gave up any Jordanian sovereignty or claim to the territories to the Palestinian people. So the Jordanians came and went, and the issue remains an issue between the Israelis and the Palestinians.

“Palestinian Territories” Is Not a Legal Term

The international community’s constant referral to the “Palestinian territories” is a complete fallacy and has absolutely no legal or political basis. There has never been a Palestinian state, as such, and therefore the territories never belonged to any Palestinian entity. There’s no international agreement, there’s no contract, there’s no treaty, and there’s no binding international resolution that determines that the territories belong to the Palestinians.

In actual fact, even the Palestinians themselves, in the Oslo agreement that they signed with Israel, acknowledge the fact that the ultimate permanent status of the territory is to be determined by negotiations. Therefore, even the Palestinians accept the fact that this is not Palestinian territory, its disputed territory whose status is yet to be settled.

If the local population owns land, then the administrative power isn’t allowed to take the land or use it. But if the land is not private, the administering power can use the land and enjoy the fruits of the land until sovereignty has been finally determined. So Israel justifiably can use land which is not private land, which is public land, for establishing settlements as long as these settlements don’t take away the private rights of the local population. Therefore, in my opinion, the settlements are not illegitimate.

There’s one other point, the issue of settlements is a negotiating issue. The Palestinians have agreed with the Israelis that the issue of settlements is one of the issues on the permanent status negotiating table. Therefore, anybody who comes along and claims that Israel’s settlements are illegitimate – whether it’s the EU, whether it’s individual governments, whether it is the secretary of state of the United States, who said so specifically, or the spokesman of the State Department – they’re prejudging a negotiating issue, which is clearly incompatible with any negotiating principle.

These are issues that have to be negotiated between Israel and the Palestinians. Therefore, nobody can claim that the settlements are illegitimate or that they’re illegal, as such. They have to be negotiated between the parties.

There’s No Such Thing as 1967 Borders

There’s no such thing as 1967 borders. A border is a line between two sovereign entities. In 1967, there was a ceasefire line that had existed since the 1948–1949 war between the Arab states and Israel and after Israel declared its independence. The Jordanians insisted on inserting in the Armistice Agreement of 1949 a provision which says that the armistice demarcation line is not the final border. Final borders can only be determined in peace negotiations between the parties. So “1967 borders” is a non-existent term and anybody using this term – again, including the U.S. administration and the EU – are simply being misled.

stanleybmanly's avatar

The above diatribe, eloquent though it may be, just can’t get around the simple fact that the great bulk of occupied territory is land confiscated from people formerly living there, and it matters not one bit how savage or reprehensible those people might be, or whatever biblical imperative you care to cook up. The place was stolen, and the theft continues with the ongoing confiscation of land and expansion of settlements. To argue otherwise is dishonest on its face.

Call_Me_Jay's avatar

Israel is a modern democracy and it has a right to everything it has taken by Military conquest according to international law.

Your conservative champion of justice and democracy, ladies and gentleman.

flutherother's avatar

@Yellowdog My opinions on Israel are based on how I perceive Israel and not on how I perceive you and anyway, it doesn’t follow that I dislike you because I disagree with your opinions.

Darth_Algar's avatar

So if a country has a right to whatever it takes by military conquest then what was that dust up in the Persian Gulf back during the administration of Bush I about?

JLeslie's avatar

@Yellowdog Just to qualify, I meant the land was occupied by the Brits. Maybe controlled by the Brits is a better word.

MrGrimm888's avatar

@Yellowdog . I respect your opinions on Israel. I just disagree with them…

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