Gli executive orders 14188/2025 e 1° maggio 2025: l’amministrazione Trump davanti alla religious liberty e alla lotta contro l’antisemitismo

Executive Orders 14188/2025 and May 1, 2025: The Trump Administration between Religious Liberty and the Fight against Antisemitism · This article offers a dogmatic and comparative analysis of the reconfiguration of U.S. federal church-state policy under the Trump Administration in 2025, focusing on Executive Order 14188/2025 and the Executive Order of May 1, 2025 establishing the Religious Liberty Commission. By clarifying the conceptual distinction between religious liberty, freedom of religion, and freedom of religion or belief, the article argues that the Administration’s approach goes beyond the mere strengthening of antidiscrimination enforcement against antisemitism, introducing instead a broader strategy of governing religious liberty as a constitutional good whose effectiveness depends on institutional and environmental conditions. Particular attention is devoted to the use of the ihra definition of antisemitism as an interpretive tool, its compatibility with the First Amendment, and the structural limits of U.S. federal law in sanctioning antisemitic speech by private actors. The analysis of Taal v. Trump highlights the dogmatic tensions arising from the transposition of antisemitism from the civil rights paradigm to the realm of immigration law and administrative discretion grounded in national security. The article concludes with a comparative reflection on the Italian National Strategy against antisemitism, underscoring different constitutional approaches to combating antisemitism while preserving freedom of expression and preventing the preventive regulation of political dissent.