Ohio

Define antisemitism; expand the offense of ethnic intimidation

Latest Update: Referred to Judicial Committee

Define antisemitism for certain purposes To amend section 4112.01 and to enact sections 124.92, 2701.21, and 4112.20 of the Revised Code to define antisemitism for the purpose of investigations and proceedings in courts and state agencies and for state employee anti-bias training

This bill amends Ohio’s 2017 anti-boycott law (HB 476), which prohibits state contracts with companies, including sole proprietors, that boycott any jurisdiction with which Ohio can enjoy open trade, including Israel and the territories it occupies. The amendment expands the scope of the law to include state institutions of higher education in the definition of state agencies to which the anti-boycott law applies. In addition, this bill requires state schools to make free expression policies, including the anti-boycott law, available to all students and to create formal processes to adjudicate complaints of free speech violations by university employees. The bill went into effect in July 2022.

This anti-boycott law prohibits state contracts with companies, including sole proprietors, unless the contract includes a written certification that the company does not and will not for the duration of the contract engage in a boycott of any jurisdiction with whom Ohio can enjoy open trade, including Israel and the territories it occupies. Although the law as written should not reach boycotts for justice, HB 476 is clearly intended to target boycotts for Palestinian rights, in particular.

This non-binding resolution condemns BDS, particularly academic boycotts. The resolution falsely links boycotts for justice with rising antisemitism, claiming that such accountability efforts are “legitimizing” antisemitism on college campuses. The resolution was amended to add language also condemning “white nationalist, neo-Nazi, and national socialist groups,” thereby conflating BDS campaigns seeking justice with those that promote hate, persecution, and violence.