- Lawmakers in several U.S. states are pushing for laws defining anti-Semitism, sparking debate over free speech and bringing global politics into statehouses.
- Supporters say the definition of anti-Semitism is critical to discerning when criticism of Israel turns into hatred of Jews.
- But critics have warned against enacting such language into law, fearing it could stifle legitimate debate.
Lawmakers in more than six U.S. states are pushing laws defining anti-Semitism, provoking debate over free speech and bringing complex global politics to statehouses.
Supporters say it is increasingly important to add a definition that tells how to determine whether some criticism of Israel constitutes hatred against Jews. At the time, lawmakers cited the October 7 attack in which Hamas killed about 1,200 people, mostly civilians, and took about 250 hostages back to Gaza, and more than 26,000 Palestinians. caused a deadly war.
“For those who didn’t think that anti-Zionism would turn into anti-Semitism, you’ll find that other countries have,” said the only Jewish member of Georgia’s state legislature and one of the supporters of anti-Semitism. said one Democratic congresswoman, Esther Panich. A bill passed by the state Legislature last week. Republican Gov. Brian Kemp is expected to sign it.
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Anti-Semitism, defined in 2016 by the International Holocaust Remembrance Alliance, is “a particular perception of Jews that is sometimes expressed as hatred of Jews. Rhetorical and physical expressions of anti-Semitism are , directed toward Jewish or non-Jewish individuals and/or their property, and directed toward Jewish community or religious facilities.”
Esther fist bumps with Sen. Ben Watson (R-Savannah), a member of the Senate Judiciary Committee, after the unanimous passage of House Bill 30, an anti-Semitism bill, on Jan. 22, 2024. Congressman Panitch (D-Sandy Springs, R). In Atlanta. Several US states are considering anti-Semitism measures, but there is debate over whether they would silence criticism of Israel. (Jason Getz/Atlanta Journal-Constitution, via AP)
But Kenneth Stern, author of the IHRA definition, said using such language in the law is problematic.
“More and more young Jews are seeing Judaism connecting them to anti-Zionist positions,” said Stern, director of the Byrd Center for Hate Research. “I don’t want the country to decide that issue.”
Georgia lawmakers approve bill to define anti-Semitism in state law
Over the past three months, protests calling for a ceasefire in the Gaza Strip and the release of Israeli hostages have intensified across the country. A coalition of groups, including Jewish Voice for Peace and CAIR, issued a joint statement saying Georgia’s bill “falsely equates criticism of Israel and Zionism with discrimination against Jews.”
Measures using the same definition as anti-Semitism are moving forward in legislatures in Indiana and South Dakota under anti-discrimination laws. An Anti-Defamation League report last year found that Georgia and Indiana have seen significant increases in anti-Semitic incidents, but not South Dakota, which recently reported fewer than 10 incidents per year. .
Other bills containing this definition are pending in at least five other states this year.
Supporters of the bill say more than 30 states have adopted some form of this definition over the years. Until now, legal definitions, including in New York, the state with the largest Jewish population, have primarily been set by resolutions or executive orders rather than mandatory laws.
Elsewhere in the country, Iowa incorporated the definition into law in 2022, and Virginia followed suit last year.
Lawmakers say their bill is in response to the Oct. 7 attacks, but even before that, anti-Semitism was a growing problem in the United States and around the world. Since the war between Israel and Hamas broke out, several countries have passed resolutions condemning Hamas and expressing support for Israel.
Thousands of organizations around the world, including the U.S. State Department, major corporations, and universities, have officially recognized this definition, and organizations such as the American Jewish Committee have endorsed it.
However, the US Congress and the American Bar Association refused to do so. Among the groups urging lawmakers to vote no is a chapter of the ACLU.
“Any time a state seeks to silence pure speech based on its own views, there is fundamental damage to the First Amendment,” said ACLU attorney Brian House.
Supporters of the law stress that the law does not seek to prohibit speech, but rather to distinguish between acts that amount to discrimination and hate crimes (of varying degrees).
“This bill is entirely about conduct, disadvantage or unequal treatment prohibited by state law,” said South Dakota Representative Fred Deutsch (R), whose father is a Holocaust survivor. “This bill does not limit the freedom of speech or expression of any person or organization.” This week, the House passed the bill by a vote of 53-14.
Lara Friedman, president of the Middle East Peace Foundation, said the law could raise charges such as property damage against protesters to the level of a hate crime if the perpetrator is seen carrying a Palestinian flag. said.
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Georgia state Rep. Rwa Romman, a Palestinian Democrat, said the definition, if adopted by universities, would suppress students’ right to free speech.
“When we tried to host a night of Palestinian poets and Palestinian culture, the administration proactively canceled the event for fear of being anti-Semitic,” she said.
Earlier this month, some protesters gathered at the Indiana State Capitol before the House unanimously passed a bill containing that definition.
“As a student, you shouldn’t have to feel like you’re going to be censored, attacked, or harassed,” said Yaqub Saadeh, president of the Middle East Student Association at Indiana University Purdue University Indianapolis.
How universities act to prevent or deter anti-Semitism on campus has become a hot topic across the country. Last year, the fallout from the presidents’ testimony before Congress led to the resignations of the presidents of Harvard University and the University of Pennsylvania.
