The Ohio Senate has approved a bill that seeks to define antisemitism in state law for universities and state agencies investigating whether ethnic intimidation has been committed. But that's likely the last stop for the bill, with the end of the two-year session set for next week.
Senate Bill 297 is needed following protests around the Israel-Hamas war earlier this year, according to sponsor Sen. Terry Johnson (R-McDermott). He said the pro-Gaza demonstrations included "disturbing displays of aggression and intolerance" that he said targeted Jewish students.
"These students have increasingly found themselves facing discrimination, harassment and even violence. Such experiences not only create a hostile environment for Jewish students, but also undermine the very principles of diversity and inclusion that our universities are supposed to uphold," said Johnson. "It is essential for campuses, especially our state universities, to actively investigate and address antisemitism and other forms of ethnic intimidation."
But Johnson said the definition won't be used in criminal investigations, and that "this legislation shall not be construed to diminish or infringe on any right protected by the First Amendment."
The sponsor of another bill seeking to address controversial expression and "cancel culture" in higher education urged the bill's passage. Sen. Jerry Cirino (R-Kirtland), the sponsor of Senate Bill 83, said the bill isn’t meant to stifle protests but to protect students from threats.
“What we've had on many campuses - not just in Ohio - we've had free speech gone awry. And it needs to be identified and dealt with," Cirino said. "This bill will give some new tools to the presidents of our universities and community colleges."
The American Civil Liberties Union of Ohio had testified earlier in the day against SB 297, saying it is patently unconstitutional and could impact all kinds of protected speech. Democrats who spoke on the floor against the bill echoed that.
“What we're doing is criminalizing free speech. No question about it," said Sen. Paula Hicks-Hudson (D-Toledo). "Because who's going to make the decision about what is, permissible and what isn't permissible?"
Minority Leader Nickie Antonio (D-Lakewood) said she's concerned the bill will chill free expression on campus and elsewhere.
"When democracies curtail peaceful protest, they violate the right to freedom of assembly and create conditions that can lead to violence," Antonio said. "I know that is not the intent of this bill. My fear is that by curtailing the right to free speech, that may be the result."
Four Democrats voted against the bill, which passed with 27 senators voting for it. Pro-Palestinian activists walked out of the Senate chamber after the vote.
the Ohio Senate voted 27-4 (four Democrats against) on a bill that defines antisemitism and adds riot and aggravated riot offenses to ethnic intimidation in Ohio. several folks who sat in the gallery streamed out, with loud words against the bill (1/) pic.twitter.com/iI1N6Mnax1
— Sarah Donaldson (@SarahEDon) December 11, 2024
Activists with the Council on American-Islamic Relations (CAIR-Ohio) and Jewish Voice for Peace condemned the bill before the vote.
“No one should be intimidated to speak up for human rights. The only difference between laws on the books that criminalize hate speech and SB 297 is that the new law, if passed, makes it a crime to exercise the first amendment right to criticize a foreign country, Israel," said CAIR-Ohio Columbus/Cincinnati/Dayton Executive Director Khalid Turaani in a written statement.
But with the two-year session ending next week, it’s unlikely this bill will pass the House in time. A similar antisemitism proposal was attached to another House bill revising some laws on townships, but the House voted not to agree to the Senate's changes to the bill.
