It’s Not Biased if It’s Against Jews
To paraphrase Law & Order, in the American legal system, bias-motivated offenses are considered especially reprehensible. Punching someone is bad. Punching them for racist reasons is worse. So various laws, both criminal and civil, prescribe enhanced penalties in those situations. Sometimes the racism is unmistakable. At other times, it’s hidden behind code words or dog whistles—thugs, urban, globalists, etc.—or seemingly neutral markers like hair and dress. No matter; courts, prosecutors, and legislators have become quite adept at sniffing out crafty bigotry.Nearly a third of Canadians believe antisemitism has become more acceptable, survey finds
Yet the invocation of Zionism has, inexplicably, thrown them all for a loop. In the United States and across the globe, participants in purportedly anti-Zionist movements are committing crimes and civil offenses. Sometimes they harm Jews. Sometimes they harm non-Jews. But, in all cases, the people who commit these crimes—as well as their legions of defenders—argue that there is no bias. Any animus, they insist, is not antisemitic or anti-Jewish. It is anti-Zionist. Some of their best friends, these assailants are quick to add, are Jews.
As much as these claims have been dissected, debated and, regularly, debunked in a variety of settings, the courts are just beginning to weigh in. Will they treat the targeting of alleged “Zionists” as purely political—and thus not evidence of racial or religious bias? Or will they see it as integral to the racial and/or religious identity of American Jews?
Earlier this month, a federal district court judge in New York gave us a sneak peek at how the U.S. legal system might resolve what many see as yet another ham-fisted effort to work around long-standing civil rights laws. The results weren’t pretty. The court adopted a number of conclusions that, if accepted by other courts, would substantially weaken the civil rights of those harmed by anti-Zionist campaigns of harassment and violence. That’s bad news for Jews, their allies, and anyone else who happened to get in the anti-Zionists’ way.
If allowed to stand, the ruling could embolden more anti-Jewish agitators, effectively furnishing them with a virtual blueprint to harass without violating the KKK Act.
Mariano Torres and Lester Wilson, the men at the center of the New York case, got in the way. Neither Torres nor Wilson is Jewish. They are janitors employed by Columbia University. And like so many trying to go about their studies or jobs in Morningside Heights or around the country since Oct. 7, 2023, Torres and Wilson found their efforts impeded—and their lives imperiled—by those obsessed with Jews and Israel, the Jewish state.
On April 30, 2024, this obsession turned riotous. Masked militants, armed with hammers, knives, bolt cutters, chains, and zip ties, stormed Hamilton Hall and confronted the two working men. Torres and Wilson each refused to yield, which drew the ire of the rioters who then assaulted the janitors, detained them, sought to bribe them, and slurred them as “Jew lovers,” “Jew workers,” and “Zionists.” Eventually, according to their lawsuit, Torres fled, and Wilson was forced out of the building. The rioters, meanwhile, kept going. They seized the building, broke windows to chain the doors shut, barricaded themselves inside, and unfurled banners declaring an “intifada.”
Torres and Wilson later filed a civil rights lawsuit. With the help of the Louis D. Brandeis Center for Human Rights Under Law and the Torridon Law firm, the pair relied on the Civil Rights Act of 1871, also known as the Ku Klux Klan Act, to argue that they were victimized by an anti-Jewish riot. A provision of that law prohibits people from conspiring to deprive “any person or class of persons of the equal protection of the laws.” To satisfy that equal protection component, plaintiffs must generally show that the conspiracy was motivated by “some racial or perhaps otherwise class-based, invidiously discriminatory animus.”
According to Torres and Wilson’s complaint, that’s precisely what occurred: The rioters, motivated by anti-Jewish animus, had conspired to deprive equal protection of the laws to people who are or are perceived to be Jews or supporters of Jews.
The clear focus of the lawsuit was illegal conduct, not speech. Torres and Wilson sought damages for alleged assault and battery during an illegal building occupation. They weren’t concerned with the rioters’ opinions on world affairs. They were concerned with the crowbars, rope, chains, and zip ties. They were concerned with their seizure of university property. They were concerned with being detained and threatened.
Torres and Wilson also happened to understand the nature of the riot because, allegedly, the rioters made it clear. Jews and those presumed to side with (or, gasp, love) Jews were the problem.
This is precisely the type of situation Congress anticipated when enacting the KKK Act—that is, the supercharging of ordinary crimes into far more socially corrosive hate crimes based on evidence of discriminatory animus. Yet the court twisted itself, the facts, and the law in knots, rendering an error-filled decision that had the effect of widening what we see as an emerging anti-Zionism exception to civil rights law. So long as you scream about Zionists and not Jews (or, as in this case, even if you interchangeably slur Zionists and Jews as you brandish knives and hammers), the courts will give you a hall pass.
Nearly one-third of Canadians believe that antisemitism or anti-Jewish attitudes are becoming more acceptable in the country, according to a new poll.
The Leger survey, conducted on behalf of the Association for Canadian Studies, found that 31 per cent held that view, while the highest level of agreement was concentrated among university students (37 per cent), men (38 per cent) and Canadians between the ages of 18 and 34 (35 per cent). English speakers were more than twice (35 per cent) as likely to agree with the statement as opposed to just 16 per cent of Francophones.
Slightly over a fifth (22 per cent) of Canadians agreed that “Israel’s military actions in Gaza justify negative attitudes toward Jewish people in Canada,” as opposed to nearly half (49 per cent) of respondents who disagreed. Canadians aged 18 to 34 (26 per cent) and men (29 per cent) were most likely to agree with the statement.
“The findings suggest that condemnation alone has not been enough. While many leaders have denounced antisemitism since October 7, the survey shows that a significant minority of Canadians still believe that events in the Middle East justify negative attitudes toward Jewish Canadians,” Jack Jedwab, president of the Association for Canadian Studies, told National Post in a written statement.
Roughly one-sixth (17 per cent) of Canadians surveyed agreed that they have become more negative toward Jews since the October 7 terrorist attacks on Israel, while a majority (62 per cent) disagreed with the statement. Women (68 per cent), college students (66 per cent) and Canadians over 55 (69 per cent) were the most likely to disagree with the statement. Those born outside of Canada were more likely to agree (24 per cent) than respondents born in the country (16 per cent).
A similar split was seen on the question of whether “Jews in Canada are responsible for the actions of the Israeli government.” Nine per cent of all respondents and eight per cent of people born in Canada agreed, while nearly twice the number of respondents born outside of the country (15 per cent) agreed. Strong majorities of respondents born in Canada (73 per cent) and outside the country (62 per cent) disagreed with the statement.
“It suggests that public education should not only focus on people who hold openly antisemitic views, but also on the much larger group that may not recognize when criticism about Israel becomes rhetoric that targets Jews and that presents a threat to Jewish Canadians’ sense of safety and belonging,” Jedwab said.


















