New Missouri law forcing schools to target anti-Semitism sparks intense First Amendment concerns

Missouri public schools and universities must now write antisemitism into their conduct codes, a requirement that has prompted concerns about possible conflicts with First Amendment protections.

House Bill 2061, titled Antisemitism in Schools Prohibited, took effect on August 28. It requires educational institutions to use the International Holocaust Remembrance Alliance working definition of antisemitism, including its contemporary examples. Schools must also report antisemitism cases to state officials.

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in an identical manner to discrimination motivated by race

Under the law, institutions must treat antisemitic harassment or discrimination against students or employees “in an identical manner to discrimination motivated by race.” Their policies must cover students, faculty and staff, and must prohibit conduct that disrupts a person’s ability to work, study, visit or use school facilities. The rules also cover behavior that creates an atmosphere of fear or intimidation.

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applied in ways that diminish or infringe any right protected under the First Amendment

The legislation changed substantially before passage. It now applies only in the context of harassment or intimidation and says it cannot be “applied in ways that diminish or infringe any right protected under the First Amendment.” It also states that “criticism of Israel that is similar to criticism toward any other country shall not be construed to be antisemitic.”

Schools must consider whether speech about Israel concerns public policy or applies “materially inconsistent standards, expectations, or condemnation to Israel as compared with other nations in comparable circumstances.” That assessment applies only when the speech or related conduct also interferes with participation in school activities or creates fear or intimidation. The law amends existing Missouri legislation, while the state legislature says it seeks equal treatment and condemns discrimination under the Missouri and US constitutions.

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criticism of Israel that is similar to criticism toward any other country shall not be construed to be antisemitic