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Protected Hate Speech? Where is the ADL?

Yitzhak ben Moshe, Editor/Reporter, New Mexico 

“Free Palestine!” “You’re not a real Jew; you’re European!” “You support genocide!” “The painter should have finished his job.” “I can’t wait until you are all ashes.” “Hitler was right!”

If you are a Jew and have posted anything on social media recently, you’ve most likely received many of these comments under your posts. You could share a Mitzvah to help bring Moshiach or videos from your child’s Bar/Bat Mitzvah, and you will see comments such as these.

Others, like me, have been doxed, necessitating we move. Others have woken up to find these antisemitic hate mongers have posted photos of their children with an ‘x’ drawn through them.

Then, some have had their lives threatened, or their employers called. One person reported that someone even came and knocked on their door to confront them just for being Jewish.

There is no end to the hate-filled antisemitic comments we have all been treated to. We have seen the absolute worst online. Many have reported such comments only to be told there is no violation (See our article on TikTok here). Others have been banned from various social media sites for trying to call out these hate-filled people.  

Hate speech is rising, and little to nothing is being done about it.

I attempted to report antisemitic comments and threats of violence to the police department in El Paso, Texas, and no one wanted to take a report. I wondered why and where the Anti-Defamation League is in this, but we’ll get to that later in this article.

In the United States, hate speech is not illegal. People can say whatever they wish with no consequences. We can block people, and we can walk away from them if we encounter hate speech in real life, but nothing will be done.

Let me qualify that last paragraph: though hate speech is not illegal, it will sometimes lose its First Amendment protections.

When can hate speech become illegal in the United States?

If you are defamed, if someone makes a knowingly false statement that harms your reputation, that speech becomes actionable in a court of law. You may sue someone who defames you, but it is not a crime.

If someone’s speech incites lawless action, like telling people to destroy Jewish businesses, and they commit that act, that is no longer protected free speech.

If there is a genuine threat, where you fear for your safety, their speech is no longer protected. However, in my case, the El Paso Police Department would not take my report. Even though my wife and I feared for our safety and felt that we needed to move to be safe, it was not enough for the police to act.

Someone doxing you, providing your home or work address and phone numbers is a crime that loses protection.

Lastly, good old fighting words meant to provoke a violent reaction also lose their First Amendment protections.

Even though these are legitimate ways someone’s speech or comments may be brought to court under civil litigation or criminal prosecution, it’s hard to find an attorney to represent you or an officer of the law willing to take the report. Why is that?

The Anti-Defamation League says, on their website:

“ADL produces research documenting the challenge of antisemitic and extremist content across social media and demonstrating how major platforms are failing to adequately protect targets.

While speech – including hate speech – is largely protected from government regulation, private platforms are not obligated to tolerate hate speech and are well within their right to implement policies that prohibit such activities.”

Over the last two months, we have attempted to contact the ADL to determine what, if anything, they are doing regarding social media companies’ education on what is and is not antisemitic. While we used official and personal emails to reach them, we have never received a reply.

 Part of the problem, we believe, is summed up in part of a letter written to the Forward and published on 26 January 2024 (article link: https://forward.com/opinion/letters/577661/adl-is-not-exaggerating-rate-of-antisemitic-incidents/ )

When writing about how the ADL counts antisemitic incidents, he wrote, “Context plays a critical role in assessing what is antisemitic. ADL has traditionally evaluated whether to include incidents on the basis of impact to Jewish individuals, groups of individuals or the Jewish community.”

 From where we sit, as users of social media, we feel that ADL is undercounting online incidents of antisemitism.

Jonathan Greenblatt, the ADL’s chief executive, has gone on record saying the ADL has calculated antisemitic incidents from 7 October to 31 December 2024 as 360% higher than the same period in 2022 — represented a threat to Jews “unprecedented in modern history.” Yet, what is being done?

Then, there is the seeming split between ADL staff and supporters over Jared Kushner’s selection as the keynote speaker of the “Never is Now” conference. Dozens of those in attendance walked out in silent protest during his speech.

Halie Soifer, the CEO of the Jewish Democratic Council of America, took to X (formal Twitter) and said, “For the record, I care how you vote.

And I can’t fathom why anyone would normalize a former president who mocked Israel, praised terrorists, incited an insurrection, emboldens antisemites, aligns with Putin, refuses to condemn white supremacy, pledges to be a “dictator on day one,” and called 75% of us “disloyal.”

Why do we, as users of social media, face increased antisemitic attacks online and in real life? The ADL is busy courting political favor and raising funds while doing little for us.

The ADL explains, in great detail, how they are creating studies of antisemitic incidents and counting physical attacks toward Jews while seemingly unable to produce any meaningful change in our nation’s laws concerning hate speech.

Then there is The Council on American–Islamic Relations. For our cousins (yes, Jews and Muslims are cousins), CAIR counted 1,283 reports of anti-Arab and Islamophobic bias between 7 October and 4 November 2024. (Link https://ca.cair.com/sfba/news/cair-received-1283-complaints-over-past-month-an-unprecedented-increase-in-complaints-of-islamophobia-anti-arab-bias/ )

Where we cannot seemingly get the ADL to act, CAIR becomes active in combating the issues that face the Muslim community in America. Don’t we deserve the same level of action from the ADL?

While you continue to post your memorable events on social media and are met with comments such as “Free Palestine!” “You’re not a real Jew; you’re European!” “You support genocide!” “The painter should have finished his job.” “I can’t wait until you are all ashes.” “Hitler was right!”, remember the ADL is supposed to be our voice for change.

When you are at work, and someone comments on your kippah in a hateful way or calls you a baby killer to your face, keep in mind that the ADL is supposed to help us all.

If you fear for your safety, a deep-seated fear for your safety, and the police refuse to act, we are supposed to be able to appeal to the ADL for help, aren’t we? Or have I been missing something all these years?


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