The Capitol riot, however, was just the tip of the iceberg. The latest FBI hate crimes report, issued in November, shows that hate crimes in 2019 surged to their highest level in a decade. The report documents 7,314 hate crimes committed in a single year, including a record number of hate murders. These figures are simply too high. So what do we do about it?
Some are now arguing for hate speech laws, but this would actually undermine our work. Richard Stengel, the transition team leader for the U.S. Agency for Global Media, has urged new legislation to curb Quran burning and misinformation about Russian election interference. Such speech laws raise multiple dangers, including political bias, governmental favoritism and outright censorship.
Some progressives may relish the idea of suppressing right-wing hate speech. But they should consider that future conservative governments, given the same weapons, may restrict progressive speech. Consider, for example, Poland’s use of hate-speech laws to persecute LGBTQ activists who criticize the Catholic Church.
Instead, begin by beefing up police departments. Calls to “defund the police,” proliferating in the light of the Black Lives Matter movement, can undermine efforts to protect minority civil rights. Basic law enforcement is needed to protect all populations, including the most vulnerable, from physical violence. The funds need not go to exotic initiatives. What is needed is basic law enforcement.
A recent report from the U.S. Commission on Civil Rights, which I directed over a decade ago, urged funding police departments to improve data reporting on hate crimes. Conservative commissioners dissented from the report, observing that it overemphasized right-wing crimes.
The dissenters are correct to insist on evenhandedness in a field that is too often politicized. At the same time, in order to adequately respond to hate crimes committed in this country, we have to understand where, why and how often they are happening.
Improved reporting is also needed at colleges and universities. Swastika vandalism, for example, has been underreported based on dubious guidance from federal bureaucrats. The Department of Education recently rescinded that guidance, but still permits colleges to rely on it.
We also must do more to combat domestic terrorism. This year, a joint report by the Anti-Defamation League and the George Washington University Program on Extremism revealed the dearth of reliable data on domestic terrorism. The report’s primary focus is white supremacy, and the report noted that the National Counterterrorism Center, which was created to produce integrated, interagency assessments on terrorism issues, is troublingly not permitted to do so with respect to domestic terrorism. The report also urged the FBI to provide clear data on its efforts to understand white supremacist violence.
If left unchecked, this type of hate can also fester within American higher education. A comprehensive response must address places at which young Americans are radicalized. This includes not only right-wing white supremacist organizations, but also left-wing university activities that promote violence.
Consider, for example, that convicted hijacker Leila Khaled, a leader in the designated-terrorist organization Popular Front for the Liberation of Palestine, was just this year invited to speak at San Francisco State University, New York University and the University of Hawaii at Manoa (remotely). Khaled’s events were canceled only when Zoom refused to cooperate, understanding that allowing the events to be hosted on its platform could violate anti-terrorism laws.
At Northeastern University, Students for Justice in Palestine announced an event to study the PFLP’s “strategies and theory.” At this event, students expected to learn how to conduct “armed struggle taking the form of guerrilla warfare at first and developing in the direction of the protracted people’s liberation war” against their “enemies.” Their enemies include the “world Zionist movement,” as well as Israel, Arab moderates and “world imperialism” (read: the United States and its European allies). In other words, they would learn that the proper response to political disagreement is not civil dialogue but “armed struggle.”
What America needs, in the wake of the Capitol riot, is not for political dissidents — whether they come from the left or the right — to preach armed violence.
We should not pretend that such adulation of terrorism has no impact on real life any more than we can pretend that online white supremacy groups are harmless. At the University of Illinois, mandatory diversity training last year included praise for the terrorist Khaled. It is unlikely a coincidence that this campus has also experienced an uptick in anti-Semitic incidents. It was announced recently that the U.S. Department of Education’s Office for Civil Rights will investigate the university based on an anti-Semitism complaint backed by the Louis D. Brandeis Center for Human Rights, the organization that I founded and now run. The university has pledged to address the problem. Time will tell whether it delivers.
Back in April, on the campaign trail, Biden marked the one-year anniversary of the deadly shooting at a synagogue in Poway, Calif. with a commitment and plan to combat hate crimes. If the president-elect is serious about this commitment, his new attorney general cannot permit hate and terrorist activity to fester. After the Capitol riot, this must be priority No. 1.
Kenneth L. Marcus is Chairman of the Louis D. Brandeis Center for Human Rights Under Law and author of The Definition of Anti-Semitism. He served as Assistant Secretary of Education for Civil Rights (2018-2020).
We Don’t Have Adequate Tools to Combat Domestic Terrorism. Biden Should Change That.
Kenneth L. Marcus
(JTA) – The Capitol riot should be a wake-up call for those who did not hear the alarm four years ago at Charlottesville. The riot wasn’t just an assault on the seat of America’s government, although it is surely that, but also a development that if not forcefully addressed may endanger Americans throughout the 50 states.
More than 70 people connected with the Capitol riot have already been charged, and the Justice Department expects the number to increase into the hundreds. Congress and the Justice Department are right to address the issue of insurrection first.
It is now increasingly clear that many in the riot aimed to undermine American democracy. When the dust clears, President-elect Joe Biden and Congress must also address the threat to all of us: The rioters clearly signaled that they mean to harm not only elected officials but ordinary Americans.
A proper response must protect all of the groups to whom the rioters intend harm. Many rioters were motivated by racial hatred and anti-Semitic beliefs. Several displayed known symbols of hate: Confederate flags, signaling anti-Black racism, or the white nationalist “Kekistan” flag, or a Three Percenters flag, reflecting hatred of Muslims and immigrants. One rioter even wore a “Camp Auschwitz” shirt.
The Capitol riot, however, was just the tip of the iceberg. The latest FBI hate crimes report, issued in November, shows that hate crimes in 2019 surged to their highest level in a decade. The report documents 7,314 hate crimes committed in a single year, including a record number of hate murders. These figures are simply too high. So what do we do about it?
Some are now arguing for hate speech laws, but this would actually undermine our work. Richard Stengel, the transition team leader for the U.S. Agency for Global Media, has urged new legislation to curb Quran burning and misinformation about Russian election interference. Such speech laws raise multiple dangers, including political bias, governmental favoritism and outright censorship.
Some progressives may relish the idea of suppressing right-wing hate speech. But they should consider that future conservative governments, given the same weapons, may restrict progressive speech. Consider, for example, Poland’s use of hate-speech laws to persecute LGBTQ activists who criticize the Catholic Church.
Instead, begin by beefing up police departments. Calls to “defund the police,” proliferating in the light of the Black Lives Matter movement, can undermine efforts to protect minority civil rights. Basic law enforcement is needed to protect all populations, including the most vulnerable, from physical violence. The funds need not go to exotic initiatives. What is needed is basic law enforcement.
A recent report from the U.S. Commission on Civil Rights, which I directed over a decade ago, urged funding police departments to improve data reporting on hate crimes. Conservative commissioners dissented from the report, observing that it overemphasized right-wing crimes.
The dissenters are correct to insist on evenhandedness in a field that is too often politicized. At the same time, in order to adequately respond to hate crimes committed in this country, we have to understand where, why and how often they are happening.
Improved reporting is also needed at colleges and universities. Swastika vandalism, for example, has been underreported based on dubious guidance from federal bureaucrats. The Department of Education recently rescinded that guidance, but still permits colleges to rely on it.
We also must do more to combat domestic terrorism. This year, a joint report by the Anti-Defamation League and the George Washington University Program on Extremism revealed the dearth of reliable data on domestic terrorism. The report’s primary focus is white supremacy, and the report noted that the National Counterterrorism Center, which was created to produce integrated, interagency assessments on terrorism issues, is troublingly not permitted to do so with respect to domestic terrorism. The report also urged the FBI to provide clear data on its efforts to understand white supremacist violence.
If left unchecked, this type of hate can also fester within American higher education. A comprehensive response must address places at which young Americans are radicalized. This includes not only right-wing white supremacist organizations, but also left-wing university activities that promote violence.
Consider, for example, that convicted hijacker Leila Khaled, a leader in the designated-terrorist organization Popular Front for the Liberation of Palestine, was just this year invited to speak at San Francisco State University, New York University and the University of Hawaii at Manoa (remotely). Khaled’s events were canceled only when Zoom refused to cooperate, understanding that allowing the events to be hosted on its platform could violate anti-terrorism laws.
At Northeastern University, Students for Justice in Palestine announced an event to study the PFLP’s “strategies and theory.” At this event, students expected to learn how to conduct “armed struggle taking the form of guerrilla warfare at first and developing in the direction of the protracted people’s liberation war” against their “enemies.” Their enemies include the “world Zionist movement,” as well as Israel, Arab moderates and “world imperialism” (read: the United States and its European allies). In other words, they would learn that the proper response to political disagreement is not civil dialogue but “armed struggle.”
What America needs, in the wake of the Capitol riot, is not for political dissidents — whether they come from the left or the right — to preach armed violence.
We should not pretend that such adulation of terrorism has no impact on real life any more than we can pretend that online white supremacy groups are harmless. At the University of Illinois, mandatory diversity training last year included praise for the terrorist Khaled. It is unlikely a coincidence that this campus has also experienced an uptick in anti-Semitic incidents. It was announced recently that the U.S. Department of Education’s Office for Civil Rights will investigate the university based on an anti-Semitism complaint backed by the Louis D. Brandeis Center for Human Rights, the organization that I founded and now run. The university has pledged to address the problem. Time will tell whether it delivers.
Back in April, on the campaign trail, Biden marked the one-year anniversary of the deadly shooting at a synagogue in Poway, Calif. with a commitment and plan to combat hate crimes. If the president-elect is serious about this commitment, his new attorney general cannot permit hate and terrorist activity to fester. After the Capitol riot, this must be priority No. 1.
Kenneth L. Marcus is Chairman of the Louis D. Brandeis Center for Human Rights Under Law and author of The Definition of Anti-Semitism. He served as Assistant Secretary of Education for Civil Rights (2018-2020).
Did you enjoy this article?
You'll love our roundtable.
Editor's Picks
Israel and the Internet Wars – A Professional Social Media Review
The Invisible Student: A Tale of Homelessness at UCLA and USC
What Ever Happened to the LA Times?
Who Are the Jews On Joe Biden’s Cabinet?
You’re Not a Bad Jewish Mom If Your Kid Wants Santa Claus to Come to Your House
No Labels: The Group Fighting for the Political Center
Latest Articles
Memorial at Saban, Soraka Medical Center Mark Three Years Since Oct. 7; ‘Fauda’ Panel
Vegetarianism and Impossible Utopias
A Bisl Torah — Bar Mitzvah Lessons
A Moment in Time: October 7 – Beyond Black and White
Thorns and Thistles and Two Trees in the Garden of Eden
Print Issue: Making Jewish Fiction New Again | October 16, 2026
Rabbis of LA | Rabbi Taff and Aliyah
First of two parts
Michael Douglas Memoir, ‘One Helluva Ride,’ Is a Helluva Read
At 82, Douglas has survived cancer, is married to the love of his life, Catherine Zeta-Jones, has been in iconic films including “Wall Street” and “Basic Instinct” and grew up with the pressure of having a famous father, the legendary actor Kirk Douglas.
A Burst of Inspirational Art in Hadassah
What makes them special, in addition to their ethereal beauty, is that four of the paintings are of women; two others, while abstract, appear to reference the female.
‘We Had a Mission to Tell the World Our Story’: ‘Fauda’ Creator Avi Issacharoff
It is Episodes 7 and 8, which take viewers back to Oct. 7, that have generated some of the strongest reactions from audiences around the world.
Three Years Later: 1-in-5 Israelis Report Severe Mental Health Impairment
PTSD diagnoses among children and adolescents in Israel rose almost 2.5-fold after Oct. 7. Clalit Health Services is reaching out to thousands of patients each week who have not reached out for any mental health treatment.
Jewish Charter Schools Take a Step Forward
The possibility of tuition-free Jewish religious education is moving closer to reality.
Jon Polin Wants Answers, Not Revenge, Three Years After Oct. 7
One day before the three-year anniversary of the Oct. 7th attacks, the father of slain hostage Hersh Goldberg-Polin called for a national commission of inquiry, spoke about what comes next for him and Rachel, and said punishment for Israel’s failures is not what he seeks.
Oct. 7 Survivors Share Stories of Loss, Courage and Resilience
The memorial event was organized by StandWithUs in partnership with the Israeli-American Council (IAC), American Jewish Committee (AJC) Los Angeles, Temple of the Arts, the Consulate General of Israel and The Jewish Journal.
“Seeing Reality Clearly”: Noa Tishby’s Oct. 7 Address
This speech is my honest look at where we are as a Jewish community.
Beit Issie Shapiro Gala Celebrates Resilience, Independence and the Power of Possibility
Among the evening’s highlights was an inspiring address by Israeli Paralympic champion Moran Samuel, 44, whose remarkable journey from tragedy to triumph captivated the audience.
Proposition 37: The California Middle-Class Homeownership Act and the Future of Jewish Community in Los Angeles
Housing costs affect whether younger families can remain near grandparents, educators can live near schools and congregations can sustain participation across generations.
Challahs in the Air — Rainbows Everywhere
Someday, I hope to make this rainbow challah with my granddaughters.
Table for Five: Noach
World Gone Wrong
Making Jewish Fiction New Again
In a climate of anti-Jewish censorship, a new fiction imprint from Wicked Son will play a part in determining the future of Jewish fiction in America.
Rosner’s Domain | Meet Galit: Israel’s Decider
If we are right, this election will be decided by a right-winger who agrees with her government on almost everything, except how hard to push.
Torah Portion: Noah
Here is yet another example of the Torah’s eternal relevance.
Noah’s Ark: Building a World of Giving
The enduring lesson of Noah’s Ark is that a better world is built not simply by insisting upon our rights, but by embracing our responsibilities.
Abraham and the Tower of Babel: What Is the Connection?
Human beings are fraught with many inclinations, some good, some bad, including the desire for particular societal outcomes, grand visions, monolithic ones — exemplified by the Tower of Babel — not guided by Godly right and just action.
Pray Go On
I’ve never been able to pray, whatever that is. I remember trying to back when I was a kid in church but always kept hearing TV theme songs in my head.
Three Years After October 7, Israelis Parallel Americans’ Post-9/11 Mood Swings
Such confusion and frustration three years later is logical.
More news and opinions than at a Shabbat dinner, right in your inbox.