The federal government and states have the power to go after rampant antisemitism

What to do with the Jew-haters who walk among us? They fall into two broad categories: non-citizens and citizens, and the answer depends on the category into which they fall.

For the non-citizen category, Newt Gingrich writes, “Americans overwhelmingly believe that activities designed to intimidate or frighten Jewish Americans can be punished legally (66 percent to 17 percent)” and “By 66 percent to 22 percent, Americans would deport non-citizens who publicly support the killing of Jews or support Hamas or other terrorist organizations.” Newt calls upon Congress to enact legislation that mandates deportation.

As for the citizen category, when it comes to our mostly home-grown loudmouth punks calling for violence against Jews, let them be prosecuted! Many states have statutes criminalizing threats of bodily injury and threats intending to place others in fear of bodily injury. These crimes may be called “menacing,” “intimidation,” “harassment,” or some variation of this concept.

Image by Andrea Widburg using two YouTube screen grabs, one of a pro-Hamas rally and one of an unrelated arrest.

For example, the State of Washington defines the gross misdemeanor of harassment in RCW 9A.46.020 this way:

1) A person is guilty of harassment if:

a) Without lawful authority, the person knowingly threatens:

i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or

ii) To cause physical damage to the property of a person other than the actor; or

iii) To subject the person threatened or any other person to physical confinement or restraint; or

iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical health or safety; and

b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.

The State of Colorado likewise criminalizes such behavior as a misdemeanor at CRS §18-9-111:

1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or

b) In a public place directs obscene language or makes an obscene gesture to or at another person; or

c) Follows a person in or about a public place; or

d) Repealed.

e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or

f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or

g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or

h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

And, as just one example of a law criminalizing harassing behavior, the State of Missouri defines the crime of harassment in RSMO 565.090, specifying:

1. A person commits the offense of harassment in the first degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person, and such act does cause such person to suffer emotional distress.

2. The offense of harassment in the first degree is a class E felony.

These are just statutes from three states with which I happen to have some familiarity. I would happily bet dollars against donuts that the remaining 47 states have similar statutes. Therefore, although 22 congressional Democrats are protecting the college punks who are supporting Hamas and threatening Israel, these collegians are all vulnerable to state prosecution under state criminal laws. Let there be law and order!

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