The Florida International University (FIU) Law School recently hosted the third “Law vs. Antisemitism” conference. Over two days, scholars from around the country – and a variety of disciplines – introduced their ideas on how to fight the rising tide of antisemitism with legal means.
Professor Doron Kalir’s presentation, “The Rise of White Christian Nationalism & Antisemitism: A True Threat,” examined the nexus between antisemitism and White Christian Nationalism, particularly highlighting post-Charlottesville antisemitic rhetoric. While content-based regulation of speech is, of course, forbidden, the Supreme Court has recently reframed the three most important exceptions to that rule (See Counterman v. Colorado (2023)).
The three exceptions are: (1) Incitement to an imminent lawless action – which, Kalir’s paper argues, should be resuscitated in the wake of that march; (2) defamation – which has received much legal attention in the wake of the $750M defamation settlement against Fox News, and therefore could be potentially used effectively against antisemitic statements; (3) and finally, and most importantly, the legal notion of a “true threat” – which, as the Supreme Court clarified, could be speech uttered both in real life and on social media. That, perhaps, could signal the direction of future defense against antisemitism statements online.