Anti-semitic

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How will a court know whether a violent act was committed because of hatred or because of sexual lust or the need for money? As case law is made, the likely direction will be to eliminate intent. The issue will be resolved by whether the attacked person is a member of a protected class. The mugger who beats as well as robs a victim who turns out to be homosexual or Jewish will have committed a hate crime.

It will prove difficult to separate speaking against members of protected classes, or criticizing their practices, from hate. The two things are easily conflated. Once enacted, hate crimes will become independent of specific violent acts. An eventual likely outcome will be that speaking against members of specially protected classes will itself become a violent act of inciting violence.

Since the passage of the Global Anti-Semitism Review Act in 2004, the US Department of State is required to monitor anti-semitism world wide. The State Department is not required to monitor anti-Americanism or sentiments against Christians, Muslims or Arabs. Thus, the act created a specially protected class worthy of careful monitoring by the US Department of State of negative sentiments expressed against Jews.

In order to monitor anti-semitism, the term must be defined. The definition is subjective and will be widely, rather than narrowly, interpreted. The State Department has come up with its attempt. The State Department’s approach could include any truthful statements about Israel and its behavior toward the Palestinians that the Israeli government or AIPAC or the Anti-Defamation League would deny or contest.

Anti-semitic speech can be interpreted as inciting hatred. Inciting hatred can be interpreted to be a violent act. “Excessive” criticism of Israel is a subjective, undefinable concept that can be used to determine anti-semitic speech. It is easy to conflate “excessive” with “strong.” Thus, demands that Israel be held accountable for war crimes committed in Gaza, the West Bank, Lebanon, or elsewhere become acts of the hate crime of anti-semitism.