Senate Panel Stalls Antisemitism Awareness Act Amid Partisan Dispute Over Free Speech Amendments

By: Fern Sidman

In a significant setback for efforts to combat antisemitism on college campuses, the U.S. Senate Health, Education, Labor and Pensions (HELP) Committee abruptly postponed a final vote on the Antisemitism Awareness Act, after Democrats pushed through four controversial amendments that critics say could seriously undermine the legislation’s intent. As JewishInsider.com reported, the vote delay raises new doubts about the bill’s future, even as antisemitic incidents continue to surge across American universities.

The bill’s leading Republican sponsor, Sen. Bill Cassidy (R-LA), told Jewish Insider that the postponement occurred due to procedural maneuvering by Democrats and logistical issues within his own caucus. The committee’s two-hour meeting limit expired before Republican members could return to cast their votes, despite Cassidy’s repeated requests to extend the session.

“I couldn’t get my people back,” Cassidy said in frustration to JewishInsider.com. “And Democrats have limited debate until noon as an obvious tactic to defeat the bill. They don’t care if Jewish students are harassed on college campuses.” He added that the procedural delay was part of a broader effort to dilute or derail the legislation.

The Antisemitism Awareness Act, long supported by pro-Israel advocates and Jewish civil rights groups, would require the Department of Education to use the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism when evaluating Title VI civil rights complaints of antisemitic discrimination on college campuses. Critics say the definition is essential for recognizing contemporary forms of antisemitism, including when anti-Israel rhetoric crosses the line into hate speech or targeted harassment.

However, as the JewishInsider.com report noted, the bill’s future was jeopardized by the adoption of four amendments—each passed with full Democratic support and some Republican crossovers—that added new language ostensibly to protect First Amendment rights. Cassidy, who opposed all but one minor amendment, described them as “problematic,” warning that they may alienate GOP support that was already tenuous.

One of the most contentious amendments came from Sen. Bernie Sanders (I-VT), who inserted a clause asserting that it is not antisemitic to criticize the “devastation of Gaza,” while also airing a litany of grievances against the war in Gaza and Israeli Prime Minister Benjamin Netanyahu. As the JewishInsider.com reported, this amendment was approved with support from all Democrats and Sen. Rand Paul (R-KY).

Another amendment from Sen. Ed Markey (D-MA) sought to prohibit revocations of visas, detentions, or deportations of students and faculty based on protected First Amendment conduct—clearly a response to recent discussions about removing foreign students who engage in antisemitic or terror-glorifying speech on campus. This too passed with Paul’s support.

Two more amendments, also led by Sanders, broadened protections for campus speech, ensuring the right to distribute materials, host speakers, and engage in discussions—even those expressing controversial or deeply critical views of Israel—as long as they don’t include incitement or true threats. These provisions passed with the support of all Democrats, Paul, and Sen. Susan Collins (R-ME).

The JewishInsider.com report noted that these additions could deter several Republican senators who previously supported the bill, particularly those concerned that the new language waters down the measure’s enforcement mechanisms. Given the delicate math—only two Democrats were expected to support the bill, with one Republican opposing—it is unclear whether Cassidy will be able to secure enough votes to advance the legislation out of committee.

Cassidy didn’t mince words during the hearing, stating plainly, “Supporting these amendments is an effort to kill this bill, which protects Jewish students from antisemitic acts.” He emphasized that the bill already included clear protections for free speech and that the newly added language served more as a political wedge than a legal safeguard.

Supporters of the bill argue that campus environments have become increasingly hostile toward Jewish students, with a sharp rise in incidents of antisemitic graffiti, harassment, and violent rhetoric—particularly following the October 7 Hamas massacre and Israel’s subsequent war against the terror group in Gaza.

The JewishInsider.com report also spotlighted comments from Sen. Tim Scott (R-SC), the bill’s original lead sponsor, who pushed back against First Amendment concerns. “You can say whatever you want—that’s protected by the Constitution,” he said. “The examples [in the IHRA definition] point to why the conduct that follows the speech is antisemitic.”

The Orthodox Union, a prominent Jewish organization, was even more direct in its criticism. Executive Director Nathan Diament told JewishInsider.com that the amendments “don’t just weaken the Antisemitism Awareness Act — they mock it.” He added, “Some lawmakers in Washington are abdicating their responsibility to ensure that this country’s civil rights laws are used to protect American Jews… Their constituents will remember this day.”

Karen Barall, Vice President of Government Relations at the Jewish Federations of North America, echoed those sentiments. “The IHRA working definition — with its comprehensive, carefully crafted examples — remains the most widely adopted and respected standard, fully compatible with free speech protections,” she said to JewishInsider.com. “We will continue to work tirelessly to ensure it becomes law.”

The Anti-Defamation League (ADL) also weighed in, reiterating its ongoing support for the legislation. An ADL spokesperson told JewishInsider.com that the group “is committed to pursuing every possible avenue to advance this important bill and will continue working with our bipartisan partners in Congress to see it signed into law.”

The HELP Committee also postponed a vote on the separate Protecting Students on Campus Act, another Cassidy-led effort aimed at safeguarding Jewish students from bias and discrimination in educational settings.

Among the more bizarre moments during the committee’s debate, JewishInsider.com noted, were remarks from Sen. Rand Paul (R-KY), who used his floor time to question the concept of Israel as a Jewish state, defend comparisons to Nazis, and even raise theological claims about Jewish culpability in the death of Jesus. Cassidy, when asked about Paul’s opposition, told JewishInsider.com that his colleague is “always a little idiosyncratic” but rejected the idea that the AAA infringes on the First Amendment.

For now, the Antisemitism Awareness Act remains in limbo. With only two Democrats expected to support the bill and one Republican in opposition, Cassidy and his allies face an uphill battle to revive momentum for final passage. Still, as the JewishInsider.com report emphasized, the political and communal stakes remain high.