Transcripts For CSPAN2 Panel On First Amendment At Justice D

CSPAN2 Panel On First Amendment At Justice Department Combating Anti-Semitism... July 14, 2024

[speaking arabic] [speaking arabic] [speaking arabic] [speaking arabic] [speaking arabic] [speaking arabic] [speaking arabic] [speaking arabic make a statement or comment about christians and jews what can they do . We have to edit the video. We have to make the Video Private because you mentioned the jews are [speaking arabic] at the end of the times, we will fight those jews and kill the rocks and the trees. They make mockery, some of them were turned into monkeys and apes, literally. [speaking arabic] thank you and good morning. You have seen the work of my organization at the middle east Media Research institute, men and women young and old, secular and religious on state media, independent media and social media from across the middle east and america. This was to bridge the line which gap between the east and west by analyzing the media in arab and muslim world and the religious content produced by its institutions, dollars and clergy. A hall which the board of member directors know very well including former attorney general Michael Mukasey and oliver buck revell. One of the most troubling issues we have studied through two decades alongside that of jihadist indoctrination is a phenomenon of antisemitism and Holocaust Denial which is pervasive and deeply rooted in all three of those spheres, media, schools and religious institutions. At the same time, memory translates and amplifies the voices in arab and muslim world, in societies against that future. And congressman tom lantos, the only holocaust denier to serve in the house of representatives and chairs the Foreign Affairs committee, the research and archives which is the largest in the world. He brought forward the antisemitism act of 2004 which created a position of special envoy to combat antisemitism. After his passing the archives were renamed in memory of him. In recent years we began a project to translate extremist sermons from american mosques a tiny sampling of which you saw in the video. In april of this year following attacks at synagogues by White Supremacists we begin monitoring antisemitic incitement from that fear as well. Mapping out organization connections and relations, providing actionable information that can it has led to fording attacks. Memory has been identify and exposing antisemitism for two decades, the arab and muslim world and the west and the us as well. It is painful for all staffers involved in these efforts, the shocking content we come across every day. Some of us myself included, children or grandchildren, holocaust survivors, whose families were nearly wiped out. Others like executive director having different directive action, grew up in pittsburgh attending the tree of life synagogue and knew some of those. We thank you for coming and convening this summit and calling upon us to display the scope of the problem. We hope you will visit www. Memory. Org for the contents needed to expose and fight this hatred and we stand ready to assist in all efforts to do so. Thank you. I am chris hardee with the department of justice. The National Security division overseas among other things, prosecution of crimes relating to terrorism, we work closely with the fbi in terrorism investigations in the Intelligence Community. These include Crimes Involving International Terrorism such as committed by groups like isis and domestic terrorism. Terrorist group like isis and al qaeda are hate groups. They all advocate antisemitic violence. We are committed to using counterterrorism tools and expertise to Counter Terrorist violence inspired by hate. We work closely with the Criminal Division where Crimes Involving hate also involved terrorism. The topic of this panel is how to combat antisemitism consistent with the First Amendment. Our experience with respect to the First Amendment issue is on the terrorism side, offering perspective on the legal and policy frameworks we have developed to counter terrorism. We have powerful authorities on the terrorism side with respect International Terrorism so adhering to First Amendment limitations is an important part of the National Security divisions mission. We not only help prosecute cases involving terrorism but other threats to National Security, we perform an important oversight role with respect to the fbis activities and the Intelligence Community activities under surveillance laws and surveillance statutes. I explain our approach in connection with investigations of prosecutions involving terrorist conduct and explain a little bit about how we look at approaching terrorist use of the internet specifically and those frameworks will hopefully inform this discussion. A core principle guiding the department including the fbi and the Intelligence Community under guidelines that apply to fbi intelligence activities into mystic Law Enforcement activities is you cannot monitor conduct based solely on protected speech speech protected under the First Amendment but we can investigate conduct which may speech online demonstrating threat of violence, other, conduct or a threat to National Security. It is our policy since 9 11 to be proactive in identifying terror threats before they cause harm particularly for threats that would involve violence against groups in the United States. We need to be proactive in identifying threats and support the First Amendment, we cant just monitor conduct online unless we have a reason to do so in a particular case. No matter how abhorrent the we take action were an individual engages in conduct, that constitutes an imminent threat of violence, incitement to violence, solicitation of crime and we have examples of cases where we pursued those cases over the years including the muslim case in 2012 and others. With respect to social media, significant focus of not just the department of justice but the government overall after the rise of isis, a lot of attention paid in 2015, the same types of policies and legal issues in the foreign interference context with buil groups and Communications Networks they are using are largely domestically based or reach a domestic reach policy issues about the scope of investigative authorities and the proper role of the Intelligence Community so this is something we are seeing across the board. Our terrorism investigation involves these social media along with encrypted messaging apps, the model isis perfected in 2015 and on was broadcasting messages, exhorting members to violence involving publicly available social media and encouraging encrypted messaging channels. We are seeing that playbook replicated by other types of groups including domestic groups. In addition to investigating potential crimes consistent with the First Amendment as i just discussed, we given the limitations of our authority, and the problem of terrorism. They were not limited by the First Amendment and the way the government wanted it, their terms of use commit a far broader range of conduct then could be prescribed under criminal law, the approach we developed with respect to the use of the internet, develop close working relationships with major providers and that is something, that model would likely follow with respect to foreign interference using social media and other types of problems that raise similar issues in the terrorist context. Where we have information from a predicated investigation not just monitoring the internet we can share that information with providers, we can provide threat briefings to providers and help providers voluntarily use their own efforts to enforce their own terms of service to improve their own algorithms and processes for identifying content that is threatening. That is something we have been doing since 2015, something we will be doing in connection with foreign interference and i just discussed, that model has been we think effective. Weve seen providers taking down, we dont generally do not make requests for providers to take down specific posts or specific content but we provide threat briefings and information to the providers so they can more effectively monitor their own systems consistent with their own terms of service but we have seen success from encouraging providers to be responsible for monitoring their platforms, 160,000 accounts associated with terrorism. They removed Something Like 14 million pieces of terrorist content related to isis and al qaeda and we have seen facebook enforcing policies with respect to the white extremist nationalist groups. That is the framework we approached terrorist use of the internet but it points whether it is the internet using domestic largely domestic platforms like facebook or twitter or foreign interference, the policies we confront, historically our authorities on the intelligence side are constrained but a particular designated group, so you can share information but not based on monitoring the internet in the United States but if you have surveillance, you are seeing connections to that group and their activities that can lead to predicated investigation leading to information you can share but the issues are different when you are talking about purely domestic groups into mystic content, the authorities we bring to bear that raise different policy issues about what the proper role of the government is. It is important in light of those limitations for the government to have strong partnerships with private sector, the work that memory is doing and we can be partners and to providers, we can message providers in the context as long as well not being threatening or coercive or demand they take action and that is the proper role for the government. We have been doing that in the terrorism context, that can inform the approach domestically, but more significant First Amendment issues and limitations when talking about domestic speech and International Terrorism and that is the framework we have been following in this period. [applause] thank you and good morning. It is a privilege to be here. Before i begin i wish to acknowledge the considerable work on this issue of my colleague, the chief advocacy officer who was prevented by flight delays from being with us and being on this panel this morning. Two hours from now Government Officials and Civil Society leaders from around the world will participate in a candle Lighting Ceremony at the Us Holocaust Memorial Museum and will tour the museum with survivors of religious persecution in the Opening Program of this we second ministerial to advance religious freedom and major state Department Initiative as we begin today, the department of justice symposium on combating research and antisemitism. The centrality of the holocaust, the expression of illumination continues to hunt many of us, continues to be invoked, continues to remind us of the dangers of hate and inaction in the face of hate. Family experienced hot used to cautiously ask ourselves the question of whether history is repeating itself. 2019 just a return 80 years on of 1939 . The answer is no. There are a host of reasons todays challenges the we are materially different from the historic and unique tragedy faced by european jury during historys darkest hour. One obvious difference is the existence of israel but an equally important reason is the people in this room. Many lecturers have been given and watching has been spilled on forces that unleashed and allow the holocaust but in the end there are simple reasons. In a way it happened simply because no one cared enough to stop it. Not england, not france, not the United States of america, czechoslovakia was not defendant, the tracks to auschwitz were not bombed in the early nazi laws were received with the feeblest of international protest. It is not fair to say that the world did not care at all, but somehow there is something more important to prioritize yet today here we sit in the department of justice in a room dedicated to americas ambassador to london at the start of the Second World War to devote a full day of the business of Law Enforcement apparatus, the most important and powerful nation in the world to seeking ways to fight antisemitism. We will be addressed by the top officials in the administration, this is truly Something Worthy of reflection and celebration. It is not 1939 but it is 2000 when an ugly and violent waiver antisemitism struck france and Government Officials refused to acknowledge the issue and instead labeled it will begin is a or, quote, the regrettable importation of the arabisraeli conflict in france. Is a 2015 when the Uk Labour Party which for generations was the traditional political home of british jews morphed into a Political Party so rife with institutional antisemitism that a majority of englands jews said they would consider fleeing the country where that party to take power. It is 2019 where in germany a nation that has done everything right to make amends for the holocaust, senior Government Official said publicly that jews should reframe from wearing identifiably jewish items because it could endanger their safety. Here at home after the events of the last year from pittsburgh to rhetoric from some elected officials, it is not 1939 but it is 2019 and that is cause enough for concern. Consider the state of european jury where one in 3 say theyve been they dont report incidents to the police because they feel nothing will change. Consider the one third of European Jews wont where items identifying themselves as jewish out of fear for their safety. America has always been different and our Jewish Community our brothers and sisters in europe. The topic we have been asked to address is a Malevolent Force that runs counter to our nations values while protecting the right to free speech, our most cherished american freedom. I would like to touch on the chief source of antisemitism today from a global and domestic perspective and reflect a little on the balance between protecting jews and political speech and protecting speech. At h a c for 15 years we have identified three primary sources of antisemitism, antisemitism from the far right, antisemitism from the far left and antisemitism that emanates from extremist ideologies propagated in the name of islam. I will go over each one briefly, antisemitism from the right is something many of us recognize easily, charles lindbergh, henry ford, jews are powerful, jews are clannish, jews are not loyal americans, in pittsburgh we have twice witnessed the deadly consequences of this type of ideology. Increasingly divided political atmosphere bigotry flourishes on social media and the internet allows this information to spread rapidly. Cloaked in the anonymity the internet provides, and in polite society, have formed farflung communities, for bigoted derision and egging on the violent and disturbed. Many White Supremacists in the United States see jews as their primary enemy, others are secondary. In this white supremacist worldview africanamericans and other minorities were the tools used by the jewish puppeteers to demean, denigrate and defile the white race. Arthur gibson, professor of sociology at the university of dayton has that antisemitism has been the most enduring component of the white to premises worldview and its creation. It must be said the murderous antisemitic attacks in america in the last 9 months were routed and nurtured in this sector. Antisemitism from the left also played the notion of jewish power and dual loyalty, again jews were seen as the paradigmatic community embodying the advantage and to be clear is real like any nation must as criticism of the state of israel to be clear, israel like any nation does not deserve any special protection from criticism for the policy decisions that its government makes was one need only read the Israeli Press or watch its robust political process as the country goes through elections for the second time in 6 months to see such criticism. Yet when friends of israel in this country, want their loyalty of americans questions, when impossible standards are applied to israel that are not applied to any other country or when cartoons that would not have looked out of place including sinister power to the israeli Prime Minister appear in the new york times, something more never responsible criticism is taking place. We see this in many aspects of the bds movement the we will discuss today. I recognize some supporters of bds believe themselves to be simply advocates for the palestinian cause, at the heart of the movement is the notion that there should be no jewish state. Increasingly enemies of israel employ not the analogies to describe his relapse behavior toward the palestinians as they search for the most a way

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