The United States has become a nation of bystanders when it comes to antisemitism, especially on college campuses. When I see the antisemitism expressed at many schools, it certainly looks like harassment.

According to the U.S. Equal Employment Opportunity Commission, harassment is unwelcome conduct based on any number of protected categories, including race, color, religion, sex, age and disability. Such conduct is illegal when it creates a work environment that a reasonable person would consider abusive, intimidating, or hostile. When a school institutes remote learning because it can’t guarantee student safety, that is surely a hostile environment, although students don’t generally fall under the purview of the EEOC.

However, campus antisemitism may well be a violation of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in programs receiving federal funding. Executive Order 13899, signed by President Donald Trump in 2019, clarifies that the executive branch will “enforce Title VI against prohibited forms of discrimination rooted in anti-Semitism as vigorously as against all other forms of discrimination prohibited by Title VI” and references the International Holocaust Remembrance Alliance’s working definition of antisemitism. The order also reaffirms the protection of Jews under Title VI while noting that agencies must not infringe on First Amendment rights.

The First Amendment protects a wide range of expression, but there are some exceptions, including harassment, true threats, and incitement to violence or illegal activity.

For those who believe the Jan. 6 “March to Save America” rally in Washington, D.C., was not protected speech because it was an incitement to violence, then clearly the antisemitic speech we are hearing on college campuses would also qualify as unprotected, because it could lead to someone carrying out an attack or hate crime. Why do so many condone hate speech as acceptable when it targets Jews?

Given what is taking place on college campuses, I wonder if hedge fund manager and Harvard alum Bill Ackman was right when he concluded that organizations have wasted the money they’ve spent on hiring diversity, equity and inclusion officers and providing DEI training. The fact that many DEI programs do not include Jews as a protected class is problematic. According to the FBI, Jews represent 2.4% of the U.S. population, yet some 60% of religion-linked hate crimes are directed at them. Clearly, DEI programs need reform.

Where are the millions marching in the streets in support of the Jewish students who are experiencing antisemitism? I used to consider DEI a failure based on the low percentage of Blacks reaching the highest levels in their professions. Now I think of it in terms of how few colleges are effectively fighting antisemitism.

I see little Black support for Jews these days, and it troubles me, given the 100-year history of Black/Jewish partnership. Some may remember the history of Black Jewish seders. President Barack Obama hosted the first White House seder. Most recently, the Black Lives Matter movement received significant support from the Jewish community despite misgivings that some BLM leaders were anti-Israel or antisemitic. There was concern over rhetoric such as “From Ferguson to Palestine.” Nevertheless, over 600 Jewish organizations, representing the majority of American Jews, signed a letter in support of BLM that ran as a full-page ad in The New York Times. The letter began:

“We support the Black-led movement in this country that is calling for accountability and transparency from the government and law enforcement. We know that freedom and safety for any of us depends on the freedom and safety of all of us.”

Where are the Black organizations taking out an ad in support of their Jewish colleagues?

Some Blacks have withheld their support due to a lack of understanding and clarity. They say, “But we are pro-Palestinian.” Many Jews in Israel and the United States are also pro-Palestinian in that they support Palestinian rights, Palestinian self-determination, or a two-state solution. Being pro-Palestinian isn’t the problem; being anti-Israel or anti-Zionist is.

Some say they can’t support Jews because they oppose Benjamin Netanyahu’s government and its policies with respect to Palestinian self-determination, the settler movement, and Hamas. Given that many thousands of Israelis also disagree with the Netanyahu government, that is hardly a good reason. There is a difference between being anti-Netanyahu and being anti-Israel.

Finally, some oppose Israel’s military strategy in Gaza, which has resulted in a horrendous number of civilian fatalities, including aid workers and journalists, the destruction of critical infrastructure, and a severe humanitarian crisis. The inability to get sufficient aid to Gaza has further aggravated the problem. Many believe that Israel is committing genocide, war crimes, and crimes against humanity, although these accusations remain unproven. While the government’s position is that its defense forces have been careful and that civilian casualties are low, these claims are hard to believe given the unusually high 20% rate of friendly fire fatalities, Israeli hostages accidentally killed by their own countrymen, and miles upon miles of what was densely populated urban areas reduced to rubble.

Many Israelis disagree with Israel’s strategy; some are calling for a cease-fire, and others are part of the peace movement.

There is plenty to discuss and debate, no matter your position. We can argue about ideas, concepts and policies such as the Boycott, Divestment and Sanctions campaign, Palestinian self-determination, the need for a cease-fire, and the best way to free the hostages. However, we must distinguish between productive free speech and language or actions designed to harass, intimidate and threaten. America has a long history of peaceful, nonviolent protests and civil disobedience. But such actions should never communicate that any ethnic, religious or racial group — including Jews — is unwanted or unwelcome. And we mustn’t be complicit — a nation of bystanders — as our country and our college campuses explode with antisemitism.

Ed Gaskin is Executive Director of Greater Grove Hall Main Streets and founder of Sunday Celebrations.