Select Board vote on IHRA definition ‘dismissed free speech implications’
In their rushed discussion prior to voting, the board didn’t disclose that ACLU attorneys had urged them not to adopt IHRA.
Before the Select Board voted on the proclamation adopting the IHRA definition of antisemitism, the American Civil Liberties Union of Massachusetts (ACLUM) sent a letter to the board expressing “serious constitutional concerns.” ACLUM expressed support for Acton’s goal of fighting antisemitism but warned that the IHRA adoption risked chilling residents from exercising First Amendment rights and from “criticizing the policies of Israel over reasonable concern that they may face sanction by their government.”
In their rushed, eight-minute discussion prior to voting, the board dismissed free speech implications. The board didn’t disclose that ACLU attorneys had urged them not to adopt IHRA. The board also didn’t mention that Professor Benjamin Eidelson, a Harvard constitutional law expert, had suggested an amendment adding language similar to that of the Massachusetts Special Commission on Combatting Antisemitism. Professor Eidelson noted that the special commission paired its embrace of IHRA with clarifications, and he reasoned that “it’s hard to see why Acton wouldn’t do the same, and I think it would send a somewhat troubling message if Acton chose to omit them.”
Well, the troubling message was sent. The board’s proclamation adopted the IHRA definition without clarifications a mere five days after the draft was published and after just 15 minutes of public comment. That the board’s hasty process impacted the rigor of their review was evident, not only because issues raised by constitutional experts were ignored, but also because one board member seemed confused about what version was being voted on. Before the vote, the board member spoke (erroneously) of clarifying modifications that had been made. Then, after the vote, the member read aloud Professor Eidelson’s amended version before being corrected.
Will the same rushed, undemocratic process that allowed no time for public discussion and ignored ACLU warnings now be used to implement IHRA into policies?
Mahreen Hoda
Oak Knoll Road, Carlisle
Ece Turnator
Cambridge Turnpike
