FAQs About Executive Order 13899

‘Combating Anti-Semitism’

Updated February 2020

1. Does this executive order mean I can’t advocate for Palestinian rights or criticize Israel and its policies?

No. While the executive order aims to scare people away from activism, your right to advocate for Palestine remains unchanged. Your right to talk about, teach, protest, boycott, otherwise support Palestinian rights or criticize Israel cannot be restrained by this order. All these rights—and more—are still protected by the First Amendment of the U.S. Constitution, which takes precedence over any other law in the United States.

2. What does the executive order say?

The order directs federal agencies to consider a specific definition of antisemitism when investigating civil rights complaints. Under the executive order, all executive departments and agencies—including the Department of Education, Department of Justice, and others—are required to consider the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism when enforcing Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination based on race, color or national origin in federally funded programs.

3. What does the executive order do?

The order aims to censor advocacy for freedom, justice and equality for Palestinians. The distorted definition of antisemitism cited in the order is designed to encompass nearly all criticism of Israel. This same definition has been used for years to falsely portray support for Palestinian rights as anti-Jewish discrimination.

4. What should I know about the distorted definition of antisemitism?

The definition used in the executive order is highly contested and its use to punish criticism of Israel violates freedom of speech. Known as the IHRA definition or the State Department definition, many of the examples of antisemitism included in the definition target criticism of Israel. For example, calling Israel “a racist endeavor” is considered anti-Jewish. Efforts to formally adopt the definition have failed twice in Congress, and its use on U.S. college campuses has been rejected even by the definition’s original author.

5. How does Title VI of the Civil Rights Act of 1964 affect my Palestine organizing?

Title VI is a law that prohibits discrimination in programs that receive federal financial assistance. Individuals have a right to be free from discrimination based on race, color, and national origin in their interactions with institutions that receive federal funding, including virtually all public and private universities. Unfortunately, Title VI is now being used by the Trump administration to silence rather than protect your rights. The order sends a message that the federal government can investigate institutions under the pretext of anti-Jewish discrimination if they allow events and advocacy around Palestine to occur.

6. Can a student or professor be accused of violating Title VI of the Civil Rights Act of 1964?

No. Title VI is a law that governs the actions of an institution receiving federal funding—such as a university or federal employer—not the actions of professors or students. If the federal government investigates a Title VI complaint, students, faculty, or staff mentioned in the complaint—as witnesses or otherwise involved in the events complained of—are not parties to the case. The complaint is against the university itself.

If the Department of Education opens an investigation into a university, it would evaluate whether the university treated people differently, or otherwise caused them harm, because of their race, color, or national origin. Under the executive order, executive agencies will be required to consider the IHRA definition when determining whether activities or speech that people complained of were intended to be antisemitic. If the allegations involve actions by students or other third parties, rather than the university itself, the government would also evaluate whether the university bore responsibility. If discriminatory harassment creates a hostile environment, a university is required to adequately address the harassment. Generally, the government tries to reach a voluntary agreement with the university to resolve the complaint, rather than cutting off funding.

The federal government cannot directly punish students, faculty, or staff directly if the university is found responsible for violating Title VI. Administrators acting on behalf of the university do, however, have responsibilities under the law, and the institution itself may take steps against students, faculty or others identified in the complaint pursuant to university policies. If this action punishes you for your viewpoints in favor of Palestinian rights, it is not justifiable.

7. What should I expect?

Universities and pro-Israel groups on and off campus might attempt to discourage or block your advocacy for Palestine based on the executive order. The order signals to institutions that they could risk investigation, or even the loss of federal funding, if they tolerate criticism of Israel. Universities might infringe on your rights in an attempt to avoid Title VI complaints by pro-Israel groups. This could mean your university may ask more questions about your advocacy, impose bureaucratic hurdles, and even investigate your activism if people complain about it. Despite these threats, your fundamental rights remain unchanged. Contact Palestine Legal if your university is interfering in your activism.

8. Can college educators still talk about Palestine and criticize Israel?

Yes. Your right to discuss Palestine and criticize Israel remains protected under First Amendment free speech and academic freedom principles. Academic freedom entitles instructors to freedom in selecting lessons, materials and discussion topics within the subject area of individual courses. It also entitles them to freedom to engage in political activism in their personal lives. Censorship campaigns and efforts to micromanage academic programs that cover Palestine or include Palestinian perspectives have, however, seen a resurgence under the Trump administration.

9. Does the order make Jewish people a separate nationality?

No, Jewish people are not a separate nationality under the executive order. Claims of this sort erroneously describe the executive order. The order states that although Title VI does not prohibit discrimination based on religion, individuals who face discrimination based on their race, color, or national origin do not lose Title VI protections simply because they share common religious practices. This is not a new protection for religious groups, but has long been the interpretation of the enforcement agencies.

10. What can we do to fight the executive order?

March forward. Exercise and demand your free speech rights to the fullest.
Persevere. Do not censor yourself. Although it might take time to legally challenge the executive order and complaints made based on it, your rights remain unchanged.
Educate. Engage your administration and peers about your human rights advocacy, and where raised, emphasize the difference between advocacy for Palestinian freedom and antisemitism, and explain efforts to conflate the two.
Call us. Keep an eye out for false accusations or complaints of antisemitism by your peers, and for differential treatment by any college, university or government agency. Report any threats, complaints, intimidation, or obstacles that you face to Palestine Legal.

FAQs About Executive Order 13899 ‘Combating Anti-Semitism’

TRUMP TARGETS CAMPUS ACTIVISM FOR PALESTINIAN RIGHTS