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A Black writer explores how Germany remembers its ‘unthinkable’ past
(JTA) — For his 2021 book “How the Word Is Passed,” winner of the National Book Critics Circle Award for Nonfiction, poet and journalist Clint Smith explored the landscape of American memory — specifically how the history of slavery is explained, commemorated, distorted and desecrated in sites across the United States.
While on tour promoting the book, he explained in an interview Tuesday, he’d often be asked if any country had gotten it right when it came to memorializing its own dark past. “I kept invoking the memorials in Germany, but I had never been to the memorials in Germany,” Smith said. “As a scholar, as a journalist, I felt like I had to do my due diligence and excavate the complexity and the nuance, and the emotional and human texture, that undergirds so many of these places and spaces.”
The result is December’s cover story in the Atlantic, “Monuments to the Unthinkable.” Smith traveled to Germany twice over the past two years, visiting Berlin’s Memorial to the Murdered Jews of Europe, its Topography of Terror Museum, the museum in Wannsee where the Nazis plotted the Final Solution, and the concentration camp at Dachau, talking to historians and curators along the way. As a Black man wrestling with how America accounts for the crimes of its past, he went to learn from the experience of the Germans, who “are still trying to figure out how to tell the story of what their country did, and simultaneously trying to figure out who should tell it.”
In an interview, Smith talked about the inevitable differences between the Holocaust and the Atlantic slave trade, the similarities in how two countries — and communities — experience their histories, and how his article could serve as a bridge between African-Americans and Jews in a time of increasing tension between them.
Smith spoke to JTA from his parents’ home in his native New Orleans.
This interview was edited for length and clarity.
Jewish Telegraphic Agency: Your book is about the ways America succeeds and fails to come to terms with slavery, and your article is about the ways Germany is, in your phrase, “constructing public memory.” I was struck by someone who warned you, “Don’t go to Auschwitz.” What were they saying?
Clint Smith: It was Frederick Brenner, a Jewish man and a remarkable photographer who has photographed the Jewish Diaspora across the world for the past several decades, who said that, because people are standing [at Dachau] and they’re taking selfies, and it’s like “me in front of the crematorium” and “me in front of the barracks.” That was deeply unsettling to him, especially as someone whose family was largely killed in the Holocaust.
I don’t want to be reductive about it and say that you don’t want people to go to these spaces and take pictures. I think it’s all about the sort of disposition and sensibilities one brings to a space. If someone went to the Whitney Plantation in Louisiana, I don’t necessarily want them doing puckered-lip selfies in front of a slave cabin. I can understand why people wouldn’t want those places engaged with in that way, but you do want tourists to come, right? I mean, before the pandemic, 900,000 people visited Dachau every year, and part of what brings people to Dachau is seeing and taking a picture of the crematorium, taking a picture of themselves on this land in that space where history happened, and posting it online. And maybe that serves as a catalyst for somebody else to make that journey for themselves.
You did go to Dachau, which you call a “memorial to the evil that once transpired there.”
I am a huge believer in putting your body in the place where history happened. I stood in many places that carry the history of violence: plantations, execution chambers, death row. But I’ve never experienced the feeling in my body that I felt when I stood in the gas chamber at Dachau. And you just see the way that this space was constructed, with the sort of intentional, mechanized slaughter that it was meant to enact on people. The industrialized nature of it was something unlike anything I’d ever experienced before and it made me feel so much more proximate to that history in ways that I don’t think I would have ever experienced otherwise.
Physically standing in a concentration camp and physically standing and putting my body in the gas chamber fundamentally changed my understanding of the emotional texture and the human and psychological implications of it. Because when you’re in those spaces you’re able to more fully imagine what it might have been like to be in that space. And then you can imagine these people, these families, these women, these children who were marched into camps throughout Europe. You can never fully imagine the fear, that sense of desperation that one would have felt, but in some ways, it’s the closest we can get to it if you are someone who did not have family who lived through or survived the Holocaust. It provided me with a radical sense of empathy. And that’s why I took the trip in the first place.
A tourist takes a selfie inside the Memorial to the Murdered Jews Of Europe in Berlin, Sept. 25, 2019. (Beata Zawrzel/NurPhoto via Getty Images)
By contrast, there are the memorials that are not historical sites, but either sculptural or architectural, like Berlin’s Memorial to the Murdered Jews of Europe, nearly five acres of concrete slabs. What do you think makes an effective memorial that isn’t necessarily the historical place itself, but a specifically memorial project?
Well, for example, the big one in Berlin. It’s just so enormous. The scale and scope of it was unlike anything I’d ever seen before. I tried to imagine what an American analog would be like. What if in the middle of downtown Manhattan there was a 200,000-square-foot memorial, with thousands of stone columns, dedicated to commemorating the lives of indigenous people who were killed in the early Americas? Or a 200,000-square-foot memorial in the middle of downtown D.C., not far from the White House, to the lives of enslaved people?
With that said, what I found really valuable were the people I spoke to, who had very different relationships to that space. Some thought of that memorial as something that was so meaningful because of its size and because of its scope, and because it was a massive state-sanctioned project. And then there were others who thought that it was too abstract, that it was too passive, even in its name, right, the “Memorial to the Murdered Jews of Europe,” which sounds as if something happened to people without naming the people who enacted the harm and who committed the crime. Those are the sort of nuances and complexities that I wanted to spend more time with, and found really valuable because, in the same way, descendants of enslaved people here in the United States have many different conceptions of what the iconography of slavery should look like or what repair and reparations to slavery should be made.
You write about the “stumbling stones” or “Stolpersteine”: Those are the small brass plaques placed in the streets, inscribed with the names of Holocaust victims and placed in front of their last known residence. The stones are exactly the opposite scale of the Berlin memorial.
Right. I think that is the memorial that I was most struck by: the largest decentralized memorial in the world, with 90,000 stones across 30 different European countries. I remember the moment I was walking down the street looking for landmarks and saw my first Stolpersteine, and I only saw it because at that moment the clouds moved and the sun shone off the brass stone. You see the name, the birth date, the deportation date, the death date, the place where the person was killed. You walk past another home, you see seven; you walk past another home, you see 12. You begin to imagine entire lives based on the names and information that exist on these stones. It creates this profound sense of intimacy, this profound sense of closeness to the history and it’s so human, because it’s individual people and individual names.
One of the most valuable things about the stumbling stone project, I think, is all the work that precedes it. It’s the school students who are doing research to find out about the lives of the people who were taken from the home across the street from their school. It’s the people in the apartment complex, who come together and decide that they’re going to figure out who were the Jewish families who lived in that apartment complex before them. And sometimes it’s really remarkable, granular details about people’s lives: what their favorite food was, what their favorite flavor of ice cream was, what the child liked.
Artist Gunter Demnig lays “stumbling stones” that memorialize persecuted or murdered Jews on the streets of Frankfurt. (Boris Roessler/picture alliance via Getty Images)
As Gunter Demnig, the originator of the project, says, 6 million people is a huge abstraction, and now it becomes about one man, one woman, one child, and [people] realize that it truly was not that long ago. There are so many survivors of the Holocaust who are still with us. Gunter Demnig, his father fought for the German army. He represents this generation of people who are engaging in a sort of contrition for the acts of their parents and their grandparents.
You ask in the piece what it would look like for a similar project to be created in the United States as a memorial to enslaved people.
I’m from New Orleans, and the descendant of enslaved people in New Orleans, which was at one point the busiest slave market in the country. And as Barbara Steiner, a Jewish historian, said to me in Germany, entire streets [of New Orleans] would be covered in brass stones! That was such a striking moment for me. That helped me more fully realize the profound lack of markers and iconography and documentation that we have to enslaved people in our landscape here in the United States relative to that of Germany.
Why are physical monuments important? I have sometimes wondered why we spend so much money on the infrastructure of memory — statues, museums, memorials — and if that money could be better used for living memorials, like scholarships for the descendants of victims, say, or programs that study or archive evidence of genocide. Why is it important to see a statue or a museum or even a plaque?
First off, museums and statues and memorials and monuments are by no means a panacea. It is not the case that you put up some memorials or you lay down some Stolpersteine and suddenly antisemitism is gone. Obviously, Germany is a case study and is experiencing its own rise in antisemitism. And that’s something that’s deeply unsettling, and is not going to singularly be solved by memorials and monuments.
With that said, I think there is something to be said to regularly encounter physical markers and manifestations of the violence that has been enacted and crimes that have been done in your name, or to the people that you are the descendant of. I try to imagine Germany without any of these memorials and I think it would just be so much easier for antisemitism to become far more pervasive. Because when your landscape is ornamented by things that are outlining the history that happened there, it is much more difficult to deny its significance, it is much more difficult to deny that it happened, it is much more difficult not to have it shape the way you think about public policy. I do believe that if we had these sorts of markers in the United States, it wouldn’t solve the racial wealth gap, it wouldn’t solve racism, it wouldn’t solve discrimination. It wouldn’t eradicate white nationalism or white supremacy. But I do think it would play some role in recalibrating and reshaping our collective public consciousness, our collective sense of history in ways that would not be insignificant.
And to your point, my hope is that those things are never mutually exclusive. It’s a conversation that’s happening here in the United States with regard to how different institutions are accounting for their relationship to slavery. Universities are coming up with reports, presentations, panels and conferences that outline their relationship to the history of slavery, especially since the murder of George Floyd [in 2020]. Activists and descendants have pushed them to not just put out a report, or put up a plaque or make a monument. It’s also about, well, what are you going to do for the descendants of those people? Harvard, where I went to grad school, put $100 million aside specifically for those sorts of interventions. Places like Georgetown have made it so that people who were the descendants of those who are enslaved have specific opportunities to come to the school without paying. And people of good faith can disagree over whether those initiatives are commensurate with or enough to atone for that past, and I think the answer is almost inevitably no.
Certainly people on what we like to think of as the wrong side of history understood the importance of physical monuments in creating memory.
The origin story of my own book was that I watched the monuments come down in 2017, in my hometown in New Orleans, of Jefferson Davis, Robert E. Lee. I was thinking about what it meant that I grew up in a majority Black city, and there were more homages to enslavers than there were to enslaved people. What does it mean that to get to school I had to go down Robert E. Lee Boulevard? That to get to the grocery store, I had to go down Jefferson Davis Parkway? That my middle school was named after a leader of the Confederacy? And that my parents still live on a street today named after someone who owned 115 enslaved people? The names and iconography are reflective of the stories that people tell and those stories shaped the narratives that communities carry. And those narratives shape public policy and public policy is what shapes the material conditions of people’s lives.
One thing about Germany is that its national project of memory and repentance has been accompanied by a vast reparations program — for Israel, Jewish survivors, their families and programs to propagate Jewish culture. I wonder if you think Germany could have moved ahead without reparations? And can America ever fully grapple with the legacy of slavery without its own reparations?
The short answer is no. America cannot fully move forward from its past without reparations. The important thing is not to be limited and reductive in the way that we conceive of what reparations are or should look like. In some ways, I’m as interested if not more interested in what specific cities and states are doing in order to account for those histories and those crimes. For example, in Evanston, Illinois, they created a specific program to give reparations to Black families who experienced housing segregation, in a certain period of time, given how prevalent redlining was in and around Chicago in the mid-20th century. I know in Asheville, North Carolina, there’s a similar program that’s thinking about how to meaningfully engage in repair to the descendants of communities that were harmed from some of the policies that existed there. This is not to say that those programs themselves are perfect. But I think we sometimes talk about it so much on a federal level, that we forget the local opportunities that exist.
West German Chancellor Konrad Adenauer signs the reparations agreement between his country and Israel, Sept. 10, 1952. (United States Holocaust Memorial Museum, courtesy of Benjamin Ferencz, from “Reckonings”)
Many people who were redlined or experienced housing covenants — all the sort of insidious manifestations of wealth extraction that were part of Jim Crow — are still alive today. So sometimes it’s not even a question of what you have to give the descendants. Sometimes it’s like, what do you give the actual people who are still here?
That’s an important distinction you make in your article, about the difference between grappling with the past in Germany and the United States. In Germany, there are so few Jews, while in the U.S. we see the living evidence of slavery, not the evidence of absence.
That’s perhaps the greatest difference that allows for both a landscape of memory to be created in Germany, and also allows for Germany to pay reparations in ways that the United States is reluctant to do: Jewish people in Germany represent less than one quarter of one percent of the population of Germany. One of the folks I spoke to told me that Jewish people in Germany are a historical abstraction. Because there’s so few Jewish people left, because of the slaughter of the Holocaust. I think about the reparations that were given to Japanese Americans who were held in incarceration camps during World War II. They got $20,000 checks, which is not commensurate with what it means to be held in a prison camp for multiple years, and cannot totally atone for that. But part of the reason that can be enacted is that there’s a limited amount of people. There are 40 million black people in this country. So the economic implications of reparations are something fundamentally different here in the United States.
So let me ask you if there’s anything else you wanted to mention that we haven’t talked about.
I want to name specifically for your readers that I’m not and would never intend to conflate slavery and the Holocaust. They are qualitatively different historical phenomena that have their own specific complexities and should be understood on their own terms. With that said, I do think it can be helpful to put the two in conversation with one another, specifically in the profound ways that these two monumental periods of world history have shaped the modern world and how they are remembered in fundamentally different ways.
And there are similarities as well, which you write about.
I did find so many parallels. The Jewish people I spent time with in Germany explained that some of the manifestations of racism and anti-Blackness in the United States are not so different from the sort of manifestations of antisemitism that exist in Germany, especially as it relates to public memory. When I was at the museum devoted to the Wannsee conference, the executive director, Deborah Hartmann, told me that she and Deidre Berger [the chair of the executive board of the Jewish Digital Cultural Recovery Project Foundation] were talking about how Jewish people did not always have a seat at the table when these monuments and memorials were being built. Jewish people were not allowed to participate beyond a certain extent, because many Germans felt that Jewish people were not objective. Jewish historians couldn’t be taken seriously because they were too close to the history.
That just echoes so much of what Black scholars and historians have been told about their ability, or the lack thereof, to study the history of Black life. The godfather of African-American scholarship, W.E.B. Du Bois, was told by white scholars that he couldn’t be taken seriously because he was too close to the history of slavery.
Meanwhile, Deborah Hartmann talked about how so many of the historians and scholars who played a role in shaping the landscape of memory in Germany were themselves “close to the history,” including former members of the Hitler Youth.
Somebody sent me a message that really meant a lot to me this past week, basically saying that my essay is an exercise in “solidarity via remembrance” — in a moment where, unfortunately, there have been a lot of public manifestations of ideas and antisemitic remarks that might threaten to rupture a relationship between Black and Jewish people. Obviously, we didn’t time it this way: I worked on this piece for a year. But it’s my hope that as someone who is a Black American, who is the descendant of enslaved people, who is not himself Jewish — that my respectful, empathic, curious, journey reflects the long history of solidarity that has existed across Black and Jewish communities and that that I hope we never lose sight of.
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Graham Platner drops out of Maine Senate race, citing push to ‘end the genocide’ in parting message
(JTA) — Maine Democrat Graham Platner announced Wednesday evening that he will drop out of the U.S. Senate race following new allegations that he had committed sexual assault.
“We believe that for the movement to continue, it can’t be me, and for that reason, we are suspending campaign operations,” he said.
Platner’s withdrawal came two days after Politico reported that a former girlfriend had accused him of entering her home uninvited about five years ago and forcing her to have sex with him.
“All we were asking for was healthcare, was to end the genocide, to use our taxpayer dollars at home to uplift our communities instead of waging war overseas,” Platner said in a Facebook address announcing his exit. He denied the allegations against him in the address, adding that a “corporate media system and the political establishment got to act as judge, jury and executioner.”
The allegations were the latest in a series of controversies that have hit Platner’s campaign, including his since-covered-up Nazi tattoo, unearthed Reddit posts and other reports about his behavior toward women.
Platner, who won his Democratic primary in June on an anti-Israel progressive platform, denied the fresh allegations, telling Politico that “any accusation of non-consensual behavior is categorically untrue.”
But the report prompted a rapid collapse in support for Platner among Democratic leaders, progressive allies and organizations that had backed his bid to beat GOP Sen. Susan Collins. It also sparked a scramble among Maine Democrats to find a different nominee ahead of the July 27 deadline for a replacement to appear on the ballot.
On Wednesday, the Maine Democratic Party announced that they had voted to hold a nominating convention to fill Platner’s vacancy.
“There is an unprecedented amount of energy and enthusiasm among Maine Democrats, driven in part by many of the dedicated volunteers and supporters who were inspired by Graham Platner’s campaign,” the party said in a statement. “We look forward to coming together and harnessing that energy around our new nominee as we work to defeat Susan Collins in November.”
The state Democratic Party leadership called on Platner to withdraw as the Democratic nominee on Monday, adding that the party needed to “refocus this campaign” on the fight against GOP Sen. Susan Collins. The seat is key to Democratic hopes of taking back the Senate.
Vermont Sen. Bernie Sanders, one of Platner’s most high-profile supporters, as well as New York City Mayor Zohran Mamdani also called for Platner to step aside on Tuesday.
Senate Minority Leader Chuck Schumer, who initially backed Platner’s opponent before she dropped out, had said in a joint statement with New York Sen. Kirsten Gillibrand that the Democratic Senatorial Campaign Committee “will not invest in the Maine Senate race if Platner remains on the ballot.”
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Rahm Emanuel: Democrats who support Israel can still lead the party to the White House
(JTA) — TEL AVIV — Pausing as he looked out at the packed hall at Tel Aviv University, Rahm Emanuel offered his audience a warning about what he was about to say.
“Hold your applause, because you may not like this,” he said, before laying out his proposal for U.S. sanctions targeting Israelis who attack Palestinian civilians and property, Israeli officials who voice support for that violence, and companies and banks that support “illegal settlements.”
The crowd applauded anyway — three separate times.
Under a 2017 law, Israel bars foreign nationals who publicly call for boycotts of Israel or its settlements from entering the country. Emanuel issued his call for sanctions from a stage in Tel Aviv, a measure of how far Democratic politics on Israel have shifted since Hamas’ Oct. 7, 2023, attacks.
Widely viewed as a possible contender for the 2028 Democratic presidential nomination, Emanuel, a former congressman, White House chief of staff, Chicago mayor and U.S. ambassador to Japan, and one of the most prominent Jewish figures in American politics, arrived in Israel on Sunday. His speech Wednesday afternoon, billed as “An Honest Conversation: The U.S.-Israel Relationship, Where It Stands Today and The Road Ahead,” was the keynote of the visit, and was meant to signal the need for a “fundamentally new and different approach” to the U.S.-Israel alliance, as he put it.
Whether Emanuel’s critique will land with the Israeli establishment, or with the ruling coalition, remains to be seen. Emanuel made a point of avoiding Israel’s elected officials during his visit, including Prime Minister Benjamin Netanyahu, saying he did not want to interfere with elections set for the fall. He did meet with President Isaac Herzog, who is appointed by the government, as well as visit hospitals in Tel Aviv and Nablus that partner with each other.
But it was clear that it was resonating with attendees. Moti Porath told the Jewish Telegraphic Agency that he believed Emanuel correctly diagnosed the ailment at the heart of the Israeli government, a leader who has become an outcast abroad but remains too skilled a politician to easily dislodge.
Porath, who splits his time between Newton, Massachusetts, and Tel Aviv, and who attended the Massachusetts Institute of Technology at the same time as Netanyahu, said he recognizes the prime minister as a singularly talented political operator. “He’s a fantastic politician,” Porath said. “Maybe he’s a manipulator.”
To the attendees who spoke with JTA, Emanuel’s message was not anti-Israel but pro-Israel, in Porath’s telling, what a good friend is obligated to do when the other is acting out of line. Emanuel put it similarly from the stage, “True friends tell each other the truth.”
Porath said he hopes the United States and Israel can once again find “a common political vision,” but that doing so will require tough love from America’s next president.
The event was hosted by Tel Aviv University’s Center for the Study of the United States and moderated by its founding director, Yoav Fromer, alongside Yael Sternhell, the professor who heads the university’s American studies program. Organizers solicited questions from students in advance and said more than 100 were submitted.
But with a university audience likely to skew liberal, attendee Yoam Barash said the program would have benefited from a right-wing voice to push back on Emanuel’s comments, since most Israeli voters lean right. A February poll by the Midgam Institute for Israel’s Channel 12 news found 68% of veteran voters and 75% of those voting for the first time identify as right-wing. “Why didn’t they bring somebody from the right?” Barash asked.
Barash is the uncle of Daniel Barash, a managing director at the public affairs firm SKDK who helped organize the event He attended with Hannah Winkler, a friend from his army days and now a doctor in the Tel Aviv area. She said she pins her hope not on the U.S.-Israel alliance but on a left-wing victory in the upcoming elections. “Without that, I have no hope,” she said.
Told that some attendees had wanted a more politically diverse lineup, Fromer defended the format. “This is academia,” he said. “The goals here are very different than they would be on a political panel.”
At the same time, Fromer echoed the attendees’ view that Emanuel’s message was that of a friend rather than an adversary. “To say to someone, look, I’m trying to save you, if you don’t change your behavior, you’re going to self-destruct — that’s someone who cares,” he said.
The stakes, in his telling, are high for Israel and for the university. “Israelis have become pariahs. We used to be admired, the most admired,” he said, echoing Emanuel’s own warning from the stage that Israel’s leadership has turned it into a “territorial pariah.”
The damage is not merely reputational, he argued. “It’s not just feeling bad. It has practical implications,” he said, speculating about investment and capital that will stop flowing, students and tourists who will stop coming, Israelis who will lose their jobs.
During the anti-Israel protests that swept U.S. campuses in 2023 and 2024, ties with Israeli universities, including Tel Aviv University, were frequent targets of divestment demands. Emanuel himself warned in his speech that Israel’s scientists face exclusion from international research networks and that its artists and academics are being shut out of exhibits and conferences.
Inside the hall, at least, the message was received. “Most of the people in this room are quite sympathetic to what you have to say,” Barash told Emanuel on stage. “That is not the case across Israel.”
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Synagogue targeted by picketers inspires Ann Arbor ordinance to protect houses of worship
Ann Arbor, Michigan has become the latest city to pass legislation aimed at protecting houses of worship from protests, echoing similar policies passed by New York and proposed by California earlier this year.
But while New York and California introduced such legislation in response to occasional anti-Israel protests outside synagogues, Ann Arbor has been home to the persistent and brazen protest of a Holocaust denier who shows up to picket the same congregation every week on Shabbat.
While synagogue leaders are moved by the city council’s gesture, they don’t expect the protests to end anytime soon.
“The significance of the resolution is that a city council in a highly progressive city had the bravery to call out the antisemitism of Jew haters,” said Rabbi Nadav Caine, the spiritual leader of Ann Arbor’s Beth Israel Congregation. And that’s no small thing.
For the past 23 years, a small group of protesters have gathered outside Beth Israel on Shabbat carrying signs with hateful slogans like “Jewish Power Corrupts,” “No More Holocaust Movies” and “Antisemitism is earned, never given.”
Partly in response to those decades of hateful demonstrations, the Ann Arbor City Council on Monday unanimously passed a resolution directing the city manager to develop a plan for protecting houses of worship during protests, which can include protest-free buffer zones.
Jerry Sorokin, executive director of Beth Israel, expressed gratitude for the city council’s sentiment — though he also believes the measures “won’t make any real difference.”
The protesters carry “incredibly offensive” signs, Sorokin said. But they also stay off synagogue property and don’t interfere with congregants trying to enter, he said, making it unlikely that a security perimeter would affect their demonstrations.
“They’ve found out exactly what the limits of their legal rights are in terms of what they can say, where they can say it, and how they can interact with the public, and they push it right to the limit without going over,” Sorokin said.
A court agreed. In 2019, a congregant and local Holocaust survivor lost a lawsuit against the Beth Israel protesters and the city of Ann Arbor, with a court concluding that the protesters were engaging in protected speech.
Buffer zones across the country
The measure in Ann Arbor reflects a broader national debate about balancing protesters’ free speech rights with worshippers’ ability to safely access religious services, as New York and California have also moved to enact buffer zones outside houses of worship.
In May, demonstrators outside Park East Synagogue in Manhattan chanted “We don’t want no Zionists here” and “There is only one solution, intifada revolution,” outside an event promoting real estate sales in Israel and the West Bank. New York lawmakers approved a 50-foot security buffer around houses of worship proposed by Gov. Kathy Hochul. Meanwhile, New York City Mayor Zohran Mamdani allowed a bill that requires the New York City Police to develop a plan for managing protests at houses of worship.
In Los Angeles, protesters targeting Wilshire Boulevard Temple for hosting speakers affiliated with the Israeli defense contractor Elbit Systems prompted California lawmakers to introduce a buffer-zone bill that would make it a crime to approach a person within 100 feet of a synagogue in order to hand out a leaflet, hold a sign, or “engage in oral protest.” First-time offenders would face up to six months in jail.
At the federal level, U.S. Rep. Tom Suozzi of New York introduced the SACRED Act, which would make it a federal crime to intimidate, obstruct or harass people within 100 feet of a house of worship.
But those proposals all face the same constitutional constraint: They can regulate how protests are conducted, but not the viewpoints being expressed. There’s no legal remedy to the offensive messages painted on placards and yelled at passing drivers, Sorokin said.
“I think what the city council did is laudable, and it is reassuring to us that they’re showing support for freedom of worship and for access to synagogues, churches, and mosques,” he said. “But I don’t think it’s going to change what goes on outside our building every Saturday.”
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