Missouri Antisemitism Law Takes Effect in Public Schools and Universities

A new Missouri law requiring public schools and universities to strengthen protection against antisemitism took effect last week.

The law, which took effect August 28, requires public schools, charter schools, school districts and public institutions of higher education to treat antisemitic harassment and discrimination in the same manner as discrimination based on race.

Educational institutions must incorporate antisemitic conduct into their codes of conduct for students, faculty and employees, including penalties for harassment and discrimination against Jews. The law applies when conduct physically interferes with activity at an educational institution or creates an atmosphere of fear or intimidation.

Missouri adopted the International Holocaust Remembrance Alliance’s working definition of antisemitism as the standard schools should use when determining whether conduct is antisemitic. The definition includes examples involving the demonization of Israel, holding Jews collectively responsible for Israel’s actions and applying double standards to the Jewish state.

The law also contains protections for political speech. Criticism of Israel comparable to criticism directed at other countries cannot, by itself, be considered antisemitic. Schools considering complaints involving Israel-related speech must examine the context, including whether Israel is being subjected to materially different standards than other countries.

The legislation also states that it cannot be used to infringe rights protected by the First Amendment or the Missouri Constitution.

Schools and universities are required to report complaints of antisemitic discrimination and harassment to designated Title VI coordinators. If investigators determine that an institution failed to adequately address antisemitism, it will have 30 days to correct the problem before the matter can be referred to the U.S. Department of Education or Department of Justice.

The state will also publish annual reports on antisemitism complaints and other Title VI cases at Missouri educational institutions.

Governor Mike Kehoe signed the legislation in April, saying antisemitism has no place in Missouri classrooms.

The legislation also faced opposition from groups that warned the IHRA definition could be used to restrict criticism of Israel. Lawmakers ultimately included several provisions emphasizing that constitutionally protected political and religious speech remains protected under the new law.