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“Zionist” Is Now a Protected Class at NYU

New York University is creating a dangerous precedent that can be used to squash campus protests against Israel’s war on Gaza.

The Intercept|Natasha Lennard

New York University led by troubling example when the school shared an updated code of student conduct last week. Ostensibly aimed at curtailing bigotry, the new language instead shuts down dissent by threatening to silence criticism of Zionism on campus. Students who speak out against Zionism — an ethno-nationalist political ideology founded in the late 19th century — will now risk violating the school’s nondiscrimination policies.[...]

Tucked into a document purportedly offering clarification on school policy, the new NYU guidelines introduce an unprecedented expansion of protected classes to include “Zionists” and “Zionism.” Referring to the university’s nondiscrimination and anti-harassment policy, known as NDAH, the updated conduct guide says, “Speech and conduct that would violate the NDAH if targeting Jewish or Israeli people can also violate the NDAH if directed toward Zionists.”[...]

“Using code words, like ‘Zionist,’” the guide says, “does not eliminate the possibility that your speech violates the NDAH policy.”[...]

The entire premise of the guidance — that “Zionist” must be functioning as a “code word — is a flaw egregious enough to reject the entire document outright.

The language here is of utmost importance. The text does not say that “Zionist” can and has been used by antisemites as a code word, which is no doubt true. Instead, it takes it as a given that, when used critically, “Zionist” simply is a code word.[...]

According to NYU’s guidance, then, Zionist and Zionism are either antisemitic dog whistles when invoked critically or a protected category akin to a race, ethnicity, or religious identity. Ethically committed and politically informed anti-Zionism — including the beliefs of many anti-Zionist Jews like myself who reject the conflation of our identity and heritage with an ethnostate project — is foreclosed, and the long history of Jewish anti-Zionism, which has existed as long as Zionism itself, is all but erased.[...]

“For many Jewish people, Zionism is a part of their Jewish identity,” the NYU guidance says. And this is of course true. That does not, however, make Zionism an essential part of Jewish identity.

There are conservative Christians for whom the damnation of homosexuality is a key part of their Christian faith too, but Republican lawfare to see homophobic positions enshrined as protected religious expression have been rightly and consistently condemned by the liberal mainstream.

“The new guidance sets a dangerous precedent by extending Title VI protections to anyone who adheres to Zionism, a nationalist political ideology, and troublingly equates criticism of Zionism with discrimination against Jewish people,” NYU’s Faculty for Justice in Palestine said in a statement in response to the updated conduct guide.[...]

“Furthermore, the new guidance implies that any nationalist political ideology (Hindu nationalism, Christian nationalism, etc.) that is integrated into some members of that group’s understanding of their own racial or ethnic identity should be entitled to civil rights protections.”