Leading American Jewish & Muslim organizations unite to oppose bills that threaten free speech and democratic rights.

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Two leading American advocacy organizations – one representing the American Jewish community and the other the American Muslim community – issued a joint call today on partner organizations and elected officials to combat growing bigotry, hate, and discrimination against their communities without infringing on the First Amendment. In light of concerning proposed legislation, including H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, and H.R. 6090, the Antisemitism Awareness Act, these organizations urge policymakers and the public to carefully consider the implications of such bills for free speech and civic engagement.

The Presidents of the Muslim Public Affairs Council (MPAC) and of J Street issued the following joint statement, pledging to work together on dialogue and advocacy initiatives that demonstrate their ability to find common ground across differences in the interests of strengthening American democracy:

Muslim and Jewish communities are small minorities in the United States who have not only benefited from America’s commitment to democracy, civil rights, and freedom but also contributed to preserving it. We join together today as leaders and members of these communities to combat the rising wave of bigotry and intolerance and work to protect our constitutional liberty of free speech.

While our respective organizations hold differing views on issues related to Palestine and Israel, we share a fundamental commitment to the protection of free speech and other democratic rights in America. We recognize that the core teachings of our respective faiths encourage us and our people to fight for justice and defend human dignity. Our organizations are committed to defending and empowering those whose voices are being threatened—whether through censorship, legal intimidation, or other forms of repression.

For that reason, both of our organizations are deeply opposed to legislation that seeks to stifle freedom of speech, such as H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, and H.R. 6090, the Antisemitism Awareness Act.

While we share the laudable goals of those proposing such legislation – combatting terror and answering hatred against any community – we believe these bills as drafted threaten free speech and the autonomy of nonprofit organizations, including critical voices on sensitive issues such as advocating for justice and human rights in the context of the Middle East.

H.R. 9495 ([link removed]) risks creating a chilling environment for nonprofit organizations out of fear of unwarranted scrutiny, loss of tax-exempt status, and harassment based on their political or ideological stances. We worry that this bill in particular would disproportionately affect organizations that engage in advocacy representing Muslim, Arab, and Palestinian communities as well as their allies in the Jewish community. Organizations that promote human rights and open discourse on tough issues must be protected in a healthy democracy, not subjected to legislation that aims to undermine their ability to operate freely.

While both of our organizations are committed to the fight against antisemitism, Islamophobia, and other forms of hate, H.R. 6090 ([link removed]) risks creating an environment where freedom of speech and academic discourse are significantly curtailed. By requiring the Department of Education’s Office for Civil Rights to use the International Holocaust Remembrance Alliance's (IHRA) working definition of antisemitism in evaluating complaints of discrimination including its examples, the bill unintentionally conflates legitimate criticism of the state of Israel and Zionism with antisemitism.

While we are aware that there are times when criticism of the state of Israel and Zionism can be used as a cover for antisemitism, we must be equally clear that not all beliefs, statements and actions that are critical of Israel and Zionism are also antisemitic.

This conflation – rejected by other proposed legislation on the topic and by the Biden administration in its National Strategy to Combat Antisemitism – opens the door for fair political speech, including calls for justice and human rights for Palestinians, to be viewed as hate speech.

We fear the passage of this bill would lead to a chilling effect on free speech, particularly in academic settings, where open debate on controversial issues is essential. Universities and other institutions may be pressured to censor or silence critical voices, thereby stifling important political discourse. Universities must ensure the safety of their students, but they are not fulfilling their mission if they are forced to prevent students from encountering views with which they may disagree or that make them uncomfortable.

We hope that these bills, in their current form, will not be passed into law before the end of this Congress. We plan to continue to work together next year to ensure that any similar bills addressing legitimate concerns about terror and hate protect the fundamental freedoms of nonprofit organizations, particularly those engaged in social justice and advocacy work.

As organizations that take different positions on issues relating to Israel, Palestine, and the Middle East, we feel it is an important and powerful example that we can stand together publicly, transcending our political differences, to work to preserve core American commitments to free speech and other democratic rights.

We invite other organizations in our respective communities – and in other communities – to join us in this statement of respect for the rights of all Americans—regardless of their backgrounds or beliefs— and opposition to these harmful bills. The voices of those who advocate for justice, equity, and peace must be safeguarded. The protection of civil society is a critical step in ensuring that these voices are not silenced.

Sincerely,

Salam Al-Marayati
President
Muslim Public Affairs Council (MPAC)

Jeremy Ben-Ami

President

J-Street

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