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Title : "[I]f you start from the axiom that Trump is Hitler, every fact becomes evidence that Trump is Hitler."
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"[I]f you start from the axiom that Trump is Hitler, every fact becomes evidence that Trump is Hitler."

Writes Glenn Reynolds, observing the NYT reaction to Trump's Executive Order about anti-Semitism. THE JOURNALISTIC LEFT IS COMPOSED OF IGNORANT, HYSTERICAL CHILDREN: The ridiculous storm over Trump’s latest move against anti-Semitism.

... Vox has a decent piece — yes, that’s right, the NYT coverage is so bad it’s being debunked by Vox –which contains this jewel-like line given the Hitler comparisons: “The draft executive order largely restates the Obama administration’s position.” The main thing Trump is doing is turning it from nonbinding “guidance” into an Executive Order.

... [O]nly an idiot would start with [the axiom that Trump is Hitler], but idiots abound. “The refusal to apply Occam’s razor was astonishing. What was more likely: That someone without legal training was misunderstanding an executive order they hadn’t seen, or that a bipartisan coalition of Jewish policymakers persuaded Jared Kushner to convince Trump to issue the preliminary groundwork for a 21st century version of the Nuremberg Laws in America? You can guess which tack got the most retweets and likes. With real anti-Semitism on the march and on a day when gunmen targeted a Jersey City Kosher Supermarket, murdering four people (three of whom were Jewish), a chorus instead rose up against Jewish allies engaging in a largely symbolic legal exercise.”

From the Vox piece:

When the New York Times reported Tuesday afternoon that Trump was about to issue an executive order designed to crack down on anti-Semitic hate speech on college campuses, it sparked an immediate and understandable panic among liberals online.

So the serious issue is freedom of speech:

The executive order instructs federal officials to “consider” a definition of anti-Semitism that, if taken literally, could still be used to punish universities for playing host to pro-Palestinian speakers, even though the order, according to the draft text, also contains explicit guidance to avoid violating First Amendment rights.

“The text of the EO is really a nothingburger that doesn’t change the law in any way,” writes Sam Bagenstos, a University of Michigan Law professor who worked on these issues in President Obama’s Justice Department. “The key question will be how it is applied in practice.”...

We shall see what happens in practice. Like the First Amendment itself, the text alone will not save us from the suppression of the freedom of speech. That freedom must live in our heart, even when we hate what is said.

And here's more detail on the text of the order and what it means:

“A school also has responsibilities under Title VI,” the Obama era guidance explains, “when its students are harassed based on their actual or perceived citizenship or residency in a country whose residents share a dominant religion or a distinct religious identity.”

Suppose that a group of bullies falsely believe that all Jews are also Israeli. If those bullies harass a group of Jewish students because the bullies are bigoted against people from Israel, that is a form of national origin discrimination — even if the targets of this bullying are not Israeli citizens.

The draft executive order largely restates the Obama administration’s position.

It provides that “while Title VI does not cover discrimination based on religion, individuals who face discrimination on the basis of race, color, or national origin do not lose protection under Title VI for also being a member of a group that shares common religious practices.” “Discrimination against Jews,” it continues, “may give rise to a Title VI violation when the discrimination is based on an individual’s race, color, or national origin.”...

It’s quite common for anti-Semites to use the term “Zionist” as a derogatory term for Jews at a whole or to allege that Jewish Americans are Israeli plants who are fundamentally disloyal to the United States. The Obama-Trump interpretation of Title VI helps protect Jews from discrimination phrased in this language, and in that sense actually has something to offer our understanding of federal civil rights law.

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