Arizona Educators at Risk: New Antisemitism Bill Holds Teachers Personally Liable for Criticizing Israel

In a contentious move, the Arizona Legislature has passed a bill allowing parents to sue teachers for teaching what is defined as antisemitism, a term that critics argue may unfairly include certain criticisms of Israel. This legislation, known as House Bill 2867, has sparked significant debate among lawmakers.

Supporters assert that the bill addresses rising antisemitism in schools. However, opponents contend it may infringe upon First Amendment rights and instill fear among educators discussing complex geopolitical issues such as the Gaza conflict. The legislation prohibits public K-12 teachers and university instructors from teaching antisemitism while limiting professional development on the subject.

Spearheaded by Rep. Michael Way (R-Queen Creek), the bill not only restricts educational content but also permits civil lawsuits against educators deemed to have violated this law, exposing them to personal financial liability—an unprecedented shift in teacher protections.

Multiple Democratic lawmakers voiced concerns about the potential ramifications for teachers, suggesting that this could jeopardize their homes and savings in frivolous lawsuits. The climate of fear could deter educators from providing a full understanding of geopolitical dynamics, they argue.

Data reflecting a significant rise in antisemitic incidents post-October 7, 2023, reveals a troubling trend. The Anti-Defamation League reported an eightfold increase in antisemitic incidents in Arizona from 2019 to 2023, although a recent decline was noted moving into 2024. The precise cause of these figures remains a point of contention, with critics noting the ADL’s clarified definitions that may conflate certain expressions of dissent against Israel with antisemitism.

Nationally, reports indicate that incidents of Islamophobia have surged, with over 8,600 complaints filed in 2024. Simultaneously, antisemitism cases rose by 5% across the country, marking an alarming trend for both communities.

Opponents include Sen. Analise Ortiz (D-Phoenix), who argues that the bill misuses antisemitism to restrict free expression. She criticizes it as a mechanism to conflate support for Palestinian rights with antisemitism, describing it as a dangerous conflation that discriminates based on viewpoint.

Senator Hildy Angius (R-Bullhead City) acknowledged that while antisemitism is a real and escalating issue, it remains unclear if the legislation effectively addresses the problem it aims to solve. Despite requests, no examples of antisemitic instruction in Arizona classrooms have been offered by proponents of the bill.

Debate surrounding the bill has been heated, with accusations flying across party lines. Democratic lawmakers proposed amendments to expand the bill to cover various forms of discrimination, but these were voted down. Meanwhile, the definitions applied in the bill have drawn scrutiny for their potential to mislabel legitimate discourse as antisemitic, drawing criticism from human rights groups.

As the bill progresses back to the House for final amendments, its future remains uncertain. If passed, it will head to Governor Katie Hobbs for final approval.