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Germany could criminalize denying Israel’s right to exist. Could the U.S. follow?
As Germany considers an unprecedented law that would criminalize denying Israel’s right to exist, American free speech advocates worry the proposal could spark similar efforts in the U.S. to curb Israel-related speech.
The proposed law, which passed Germany’s upper house of parliament last week, would make publicly denying Israel’s right to exist a crime, with a maximum sentence of five years in prison.
“We’ve now seen a trend of what’s been happening in Europe can come over to the United States,” said Kevin Rachlin, vice president of government relations at the Nexus Project, which describes its mission as both fighting antisemitism and protecting free speech.
He said denying Israel’s right to exist can be antisemitic, yes, but not always.
“If we are going that whole step of making it punitive and punishable by law — that’s why we have our First Amendment to protect us from that.”
The bill specifies that the speech would be criminalized only if it would reasonably encourage “a willingness to commit acts of antisemitic violence.”
But not everyone will agree on what that means, said Michel Rosenfeld, a professor of law and comparative democracy at Yeshiva University’s Cardozo School of Law. A memo accompanying the bill includes as examples chanting “From the river to the sea, Palestine will be free,” or displaying maps in which Israel is replaced by a Palestinian state.
The Foundation for Individual Rights and Expression, an American free speech watchdog, has warned that similar laws could come to American soil.
“We can expect similar bills and regulations to pop up across borders,” the foundation said in a statement. “That’s why the First Amendment is so vital — it can act as a bulwark against speech restrictions that have advanced in other nations from doing the same here.”
In the United States, such a law would be a blatant violation of the First Amendment, scholars say. But Germany, where Holocaust denial, Nazi symbols, and even public insults are already criminal offenses, has long drawn the boundaries of protected speech differently.
“Under German law, antisemitic pronouncements amount to hate speech and can be criminalized,” Rosenfeld said. “In the United States, you can say antisemitic things as much as you want. It’s free speech.”
In Germany, supporters of the bill have argued that antisemitism is occurring “openly on our streets” and pointed to the surge in antisemitic incidents post-Oct. 7 as evidence that stronger measures are needed. Just this week, a 65-year-old German man was assaulted and left with life threatening injuries after an argument over an Israeli flag pin he was wearing, according to German authorities.
Those incidents are why Shannon Seban, director of European affairs for the Combat Antisemitism Movement, hopes the German bill will serve as a model.
“Our judicial system needs to evolve in order to adapt to this new reality, and to the fact that you have contemporary forms of antisemitism,” Seban told the Forward. “I hope that plenty of other European countries will now adopt such a law.”
But that prospect worries some Jewish Americans, who argue that prison time for anti-Zionist speech is a bridge too far. Even organizations that have argued anti-Zionism can veer into antisemitism have generally not envisioned such speech as the basis for criminal prosecutions.
“I have a real issue of criminalizing any thought or speech, regardless of what it is,” Rachlin said.
The German context
According to Rosenfeld, the bill should be understood in the context of Germany’s postwar constitutional order. In the aftermath of World War II, the Allied powers outlawed the Nazi Party and banned its symbols as part of the country’s “denazification.” Those restrictions were later incorporated into German law, reflecting the country’s commitment to preventing the reemergence of Nazism.
That history shapes Germany’s relationship with Israel. The two countries maintain what German officials describe as a “special relationship,” borne out of Germany’s responsibility for the Holocaust, with Berlin defining Israel’s security as part of its Staatsräson, or reason of state.
“In Germany, the Jewish state and standing for the Jewish state is particularly important in that it’s, if you wish, an inescapable outgrowth of the Nazi period,” Rosenfeld said.
Israel’s Ambassador to Germany, Ron Prosor, lauded the bill as a signal that “those who deny Israel’s right to exist and spread antisemitic incitement will not get away with it unpunished.”
The legislation may also reflect broader anxieties about Germany’s political trajectory. The far-right Alternative for Germany, or AfD, whose leaders campaigned on belittling Germany’s efforts to atone for the Holocaust, is now the second-largest party in the country’s parliament. A campaign to ban the party as unconstitutional has gained momentum, though faces an uphill battle given the AfD’s popularity.
But even this latest bill to criminalize denying Israel’s right to exist might not pass Germany’s constitutional test.
According to Rosenfeld, whether German courts uphold the proposal will depend in part on how they characterize anti-Zionism. If judges conclude that denying Israel’s right to exist is necessarily antisemitic, they would be more likely to view the restriction as constitutional and a part of Germany’s historic responsibility, he said.
On the other hand, if a judge understands anti-Zionism as political speech, then the bill would likely be struck down.
“It would be unconstitutional because not only is that a political opinion, but it would single out Israel,” he said. “In other words, to say that the United States should not exist, or that Cuba should not exist and the United States should take it over, that Canada should be the 51st state of the United States — you can say all these things, but you can’t say that Israel should not exist?”
But others don’t see any inconsistency. Seban, a French politician who spoke out against antisemitic comments directed at her during her campaign, maintains she supports free speech as “a fundamental principle of our democracy.”
At the same time, Seban said she doesn’t view the language the bill targets as deserving of legal protection.
“When you would like to erase a country from the map, a country that has been recognized by international organizations and such, it’s no longer free speech. It’s a call to violence. It’s a call to destroy states. It’s a call to erase people,” Seban said. “So there is no free speech anymore.”
‘Non-legally binding’
For years, antisemitism watchdog groups like the Anti-Defamation League have advocated for U.S. states to pass legislation adopting a definition of antisemitism that treats most expressions of anti-Zionism as antisemitic.
But it was always with a caveat: the definition, written by the International Holocaust Remembrance Alliance, would be “non-legally binding.”
In practice, that meant institutions such as schools, branches of government, or law enforcement could use the definition as a training tool or guideline to help identify antisemitism — not for criminal prosecution.
For example, on its website, the ADL says it “does not support the adoption and application of the IHRA Definition in a manner that would create new categories of legally prohibited speech that are subjected to either civil or criminal penalties – something we believe the First Amendment and principles of free speech would prevent.”
The ADL did not respond to the Forward’s question about its stance on the German bill, instead directing the Forward to speak with the Central Council of Jews in Germany, which backs the bill.
“Freedom of expression is a fundamental right of the utmost importance and a vital safeguard of our democracy,” Katharina Glinder of the Central Council of Jews in Germany wrote in a statement to the Forward. “Yet it, too, is subject to legal limits and must yield where human dignity is violated. Anyone who calls for the annihilation of peoples or the destruction of entire nations must not be allowed to hide behind fundamental freedoms with impunity.”
Glinder added that the bill could “serve as a model for other liberal democracies to follow.”
Remko Leemhuis, director of the Berlin office of American Jewish Committee, which also supports the IHRA definition as “non-legally binding,” said in a statement that AJC supports the German bill, “provided it is designed to withstand constitutional scrutiny.”
Meanwhile, the Nexus Project — which wrote an alternative definition of antisemitism that does not classify all anti-Zionism as antisemitism — has argued that lawmakers undermine the premise that IHRA is “non-legally binding” when they codify it in legislation.
Rachlin said Germany’s proposed bill illustrates that slippery slope, calling it the logical next step after the country codified the IHRA definition into law in 2017. He said he wouldn’t be surprised if such a proposal to criminalize anti-Zionism cropped up in the U.S. — though that doesn’t mean it would pass constitutional muster.
“Could this happen at the federal level? Maybe. Could it happen at the state level? I could see that happening,” Rachlin said. “Would it be challenged? Yes.”
Yet Rachlin also acknowledged that his commitment to a more absolutist version of free speech stems from what may be a distinctly American tradition.
“I can hate what you say, but I’ll defend it because you have the right to say it,” Rachlin said. “That’s kind of the American viewpoint on this. In Europe, it’s a very different game.”
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Israeli restaurants are hiding their identity. New York magazine won’t say why
I walked into Jerusalem Chicken restaurant because someone told me it served the best maqluba this side of Jerusalem — all within a few minutes of LAX.
Outside, the well-lit sign said, “Palestinian Chicken Eatery,” which, because I’d seen the Curb Your Enthusiasm “Palestinian Chicken” episode about a dozen times, already had me smiling. Then I stepped inside.
Across from a deli counter filled with platters of rice and roasted vegetables was a cardboard sign: “End US Funding of Israel. Defend Palestine. End the Cycle of Genocide.”
This was 2022. Genocide seemed like an especially scurrilous charge, but it was their restaurant. I could yell, scream, protest, vandalize the place or call for a boycott. The young man behind the counter served me a leg and a thigh roasted dark, fragrant with sumac, clove and cinnamon. I ate.
Call me crazy but that’s what I demand of restaurants: Good food, clean kitchens and kind service. But, it seems, when it comes to Israeli restaurants, a different standard applies.
Somewhere toward the end of her long New York magazine feature on Middle Eastern food in New York City, Madeleine Leung Coleman points out that Israeli restaurants are increasingly labeling themselves as Middle Eastern or Levantine rather than Israeli.
“There could be many reasons why,” she writes. “Perhaps there’s a fear of being targeted. Or they’re second-guessing if they should call their food ‘Israeli’ at all.”
I’m going to offer a third choice: Perhaps it’s because of articles like hers.
The disappearing ‘Israeli’ restaurant
Coleman understates the actual violence against Israeli and Jewish-owned restaurants (and, oddly, against Palestinian restaurants). She implies that Israeli restaurants serve food that is somehow stolen from Arab cultures. She blurs the distinction between Israeli restaurateurs and the actions of a government 7,000 miles away. In short, she reinforces the stigma she purports to describe. It’s a case study in journalism-as-activism, for which innocent restaurateurs and diners will pay the bill.

Her piece, “When Eating Out Is Political,” charts the evolution of Middle Eastern food in the city from turn-of-the-century market stalls, falafel stands and halal carts to its current incarnation in high-end, often Michelin-starred chef-driven restaurants.
The core argument is that Israeli restaurants became trendy by appropriating Palestinian, Mizrachi and North African dishes while Arab, Iranian and North African restaurants languished as cheap, “outer-borough” places, and especially post-9/11 hid their identities behind a vague “Mediterranean” label.
Since Oct. 7, 2023, and growing protest against Israel, the stigma has reversed. Palestinian, Syrian and Iranian restaurants have flourished with cheffy food, and owning their particularist labels, while Israeli restaurants have had to hide their identity.
It’s true that Middle Eastern cuisines are having their moment in New York, and Coleman’s descriptions of the “delicate, hand-shaped beef dumplings” at the Syrian restaurant Huda or the wild mallow “topped with twists of fried onion and salty black olives” at the Palestinian restaurant Tanoreen in Brooklyn make it clear that these chefs, whether Palestinian, Syrian or Iranian, should be celebrated.
But the celebration is tainted with bias and ignorance when it comes to all things Israeli.
From Moshe’s Falafel to Solomonov
First, the history. By Coleman’s recounting, Israeli restaurants swooped in to success and instant “It” status sometime in the early aughts.
“We were told this was the flavor profile of this young country,” she writes, “which was so richly funded and supported by our own.”
I’m not sure what American aid to Israel has to do with the efforts of early chefs like Einat Admony and Michael Solomonov, but that sentence shows how Coleman condemns talented individual chefs for somehow being complicit in … foreign aid decisions?
She’s also wrong on the timeline. Israeli food came to America the same way Arab food did, with immigrant sweat and no guarantees of success. Moshe Mizrachi, an Israeli of Syrian origin, opened his falafel restaurant in Manhattan in 1981. It failed. He reincarnated it as a cart, and four decades later it’s an institution.
The food these Israelis brought with them wasn’t, as Coleman writes, Arab dishes or food their grandmothers made — her attempt to dismiss Israeli food as either stolen or copied.
She might have mentioned that over half of Israel’s population has origins in the greater Middle East and North Africa. Falafel, hummus, stuffed vegetables, shakshouka and all the glorious ingredients that go into them were part of their traditions too. What was a Jewish chef from Iraq supposed to cook, lox and cream cheese?
From shattah to schnitzel
Israelis also ate what Palestinians ate, and learned to cook it. This is how every culture’s foodways evolve — including that of Palestinians.
In the 15th century, Christopher Columbus brought chile peppers back from the Americas, after wreaking havoc on the native populations. Those chiles give Palestinian shattah sauce its heart and heat. The “most traditional Palestinian dish,” according to cookbook author Reem Kassis, is maftool, a pebbly couscous that likely arrived via the Berbers, whose own history of subjugation, rebellion and assimilation with the Muslim invaders is, to say the least, fraught. Schnitzel is now a popular Palestinian dish, likely adopted from Ashkenazi immigrants.
Cultures exchange food, like they do music, fashion and language. None of this is to say Israelis haven’t ignored or downplayed the Palestinian contribution to their cuisine, or used food as a political or economic weapon — most unconscionably in Gaza itself. But the Israeli chefs most associated with the New Israel Cuisine are usually the first to point all that out.
“I don’t think there’s enough understanding how deeply rooted Israeli food, as it’s cooked at the moment and seen all over the world, is actually based on Palestinian cooking,” the chef and author Yotam Ottolenghi told me in a 2022 interview.
Credit where credit is due. But the only reason to question an Israeli cook’s right to do what cooks throughout history have done is if you question Israel’s existence itself.
‘The land mass currently called Israel’
And Coleman clues us in that she leans that way.
She repeatedly refers to Israel’s attack on Gaza as a genocide. Many genocide experts and international bodies have concluded it is. Many others, including the International Court of Justice, have not, something a fair journalist would point out.
And then there is the strange way she describes an image on the menu of the Palestinian restaurant Ayat as “a cheerful tourist-style map in which the land mass currently called Israel is titled ‘Discover Palestine.’”
Even the progressive watchdog site Mediaite called that “bizarre.” Just as bizarre is her explanation for why chefs are less likely to publicize their connection to Israel.
“In the last few years,” she writes, “some Israeli restaurants have been vandalized, spray-painted with notices that accuse them of co-signing the Israeli government’s project. This may be one reason why some are staying silent.”
Here’s a better reason:
- In February 2022, vandals sprayed “F– Jews” on the wall of Miriam’s restaurant in Brooklyn.
- In December 2023 anti-Israel protesters surrounded Goldie’s, Michael Solomonov’s falafel restaurant in Philadelphia, vandalizing it and chanting, “Long live the intifada!”
- In February 2024 a masked man took a baseball bat to the windows of Rothschild TLV on Manhattan’s Upper East Side.
- In July 2025, intruders broke into a Melbourne, Australia Israeli restaurant, threw chairs and shattered windows while people were eating.
- In August 2025, intruders ransacked Manny’s restaurant in San Francisco and spray-painted “F- Manny’s” and “Die Zionist” on the walls.
There’s more, but you get the idea. It isn’t a few kids with spray cans: it’s open season on Israeli and Jewish-owned restaurants. At least three Palestinian restaurants have been vandalized as well, as well as Kanaan in Berlin, which is owned by an Israeli Jew and a Palestinian. If every Israeli restaurant is complicit in the worst behaviors of the Israeli government, is Jerusalem Chicken collaborating with Hamas?
Israeli restaurants aren’t Med-washing their names because they’re reckoning or apologetic. They’re hiding because the violence against them is getting worse, for patently absurd reasons. Coleman could have written that story, not one where victims did something to deserve it.
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Trump just used journalists as human shields — Jewish ethics has thoughts about that
Everyone has been talking about The Odyssey this summer. So much so that, apparently, the president of the United States felt the need to act out a famous piece of Greek mythology, namely the story of the Trojan horse. When an Iranian assassination threat in July seemed credible enough, the Secret Service spirited Trump off of Air Force One in a catering truck after a NATO summit in Ankara, Turkey.
The plane then took off as usual, loaded with top government officials including Secretary of State Marco Rubio and Treasury Secretary Scott Bessent, as well as the usual cast of aides and journalists who often accompany the president. Most believed they were on the plane with Trump, and weren’t aware of any threat. And had Iran actually attacked, and Air Force One been shot out of the sky, they would have gone down in the president’s place.
It is not unheard of for presidents to change plans suddenly for safety reasons, or otherwise use some amount of subterfuge to obscure their location; when Bill Clinton flew to Pakistan, for example, there were several decoy planes. But it is highly unusual for the plan to involve risking numerous other people, including civilians. Several journalists have accused Trump, who has long picked fights with the press, of using the media as an expendable human shield.
Much has been made, particularly in the Jewish world, of the idea of human shields, particularly because Hamas is often accused of the practice. Human shields can refer to putting civilians in harm’s way as part of a military strategy, or using them as decoys or to protect soldiers. (Hamas purportedly has used civilian sites such as hospitals or schools to protect their weapons stores and headquarters.)
There are numerous stories in Jewish texts in which innocent lives are sacrificed for ulterior motives, and the perpetrators are roundly condemned. King David sends his general Uriah to the frontlines so he will die and never realize that David had slept with his wife; God sends the prophet Nathan to rebuke David for his selfishness and Batsheva loses the pregnancy as punishment. When Simon and Levi destroy Shechem in retribution for the rape of their sister Dina, the patriarch Jacob censures their actions.
Though there is plenty of warfare in the Bible, and God at times orders the destruction of entire cities or groups, most Jewish sages interpret this to only apply to combatants because other commandments, such as to leave the gates of a besieged city open to allow people to flee, instruct that innocent civilians must be protected.
Beyond general ethics, the laws of war laid out in the Geneva Convention protect civilians and forbid the destruction of pivotal resources such as hospitals. But the strategy is, in many ways, a successful one precisely because it is so contemptible; everyone agrees that killing civilians not involved in war is morally wrong, which means that there is an international uproar if combatants do kill civilians to get to an enemy stronghold.
The U.S. and Israel both hold themselves apart operating uniquely moral armies — ones that follow the laws of war and protect civilians. Both nations publicly boast of fighting only necessary, noble wars. Reality, however, often differs. During the Iraq and Afghanistan wars, tens of thousands of American soldiers were discharged for misconduct. And after Oct. 7, Israel also began using human shields, forcing Palestinian civilians to go ahead of Israeli soldiers to check for traps or mines.
When Trump landed, the White House press pool asked him, on the tarmac, what the threat was, and whether the journalists and aides on board the original plane were in danger. Trump responded that he simply did what the Secret Service told him to; “I get a lot of threats,” he said, and said he believed that the plane he actually flew on — a plane no one knew he was on — was in more danger than Air Force One.
But it’s clear to everyone else — including many members of the media who were on the plane — that the civilians left on the plane targeted by the Iranian threat were human shields. Trump may have long defamed the media, but putting them knowingly in harm’s way is still a bad look. Such a bad look that, after The New York Times reported on Trump’s planes, FBI agents went to the journalists’ homes to subpoena them for their reporting.
Thankfully, neither plane was shot down. But that doesn’t make Trump’s decision to protect himself any more moral.
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Apple pays $150k to settle federal antisemitism lawsuit
(JTA) — Apple has agreed to pay $150,000 to settle a federal lawsuit alleging that the company failed to accommodate a Jewish employee’s observance of Shabbat, and later fired him after he complained of religious discrimination.
The lawsuit, which was filed by the U.S. Equal Employment Opportunity Commission in September 2025, accused Apple of discriminating against Tyler Steele, a longtime employee of one of its stores in Reston, Virginia.
Steele converted to Judaism in the spring of 2023, and while his manager initially approved his request not to be scheduled on Fridays and Saturdays due to his observance of Shabbat, another manager that replaced the previous one later rescinded the accommodation.
According to the complaint, Steele’s new manager, Anthony Dosch, denied his requests to have the days off in September 2023, allegedly telling him that month that he “could become a rules Nazi with regards to our policies.”
Days after Hamas’ Oct. 7, 2023, attacks on Israel, Dosch also warned Steele not to get into politics or debates about the conflict at work, and a month later issued him a misconduct warning claiming that Steele had body odor that violated the store’s policies.
The EEOC alleged that Steele later complained to Apple officials in November 2023 about antisemitic behavior and the denial of his religious accommodation. Steele was fired from the store in January 2024, after reminding Dosch that he could not work on a Friday the following month for religious reasons.
“Employees should not have to violate their religious beliefs to keep their jobs or live in fear of retribution because they requested an accommodation,” EEOC Philadelphia Regional Attorney Debra Lawrence said in a statement at the time the lawsuit was filed.
In its lawsuit, the EEOC accused Apple of religious discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964.
Apple and the EEOC unveiled the settlement in an Aug. 7 filing in federal court in Virginia, nearly a year after the initial complaint.
Apple denied the allegations and did not admit wrongdoing as part of the settlement, which required the company to award Steele $80,000 in back pay and $70,000 in compensatory damages and interest.
Under the settlement, the company will also be required to update its religious accommodation policies and conduct trainings with some employees in its Virginia operations within 90 days.
This article originally appeared on JTA.org.
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