NC House approves new definition of antisemitism under state law in bipartisan vote

The North Carolina House moved on Wednesday toward adopting a new definition of antisemitism under state law that lawmakers say is necessary to clearly outline examples of antisemitic incidents that shouldn’t be tolerated.

Critics of the bill being spearheaded by House Speaker Tim Moore, which received bipartisan support, argued as it was being fast-tracked through the House that the definition being considered is too broad, and could chill constitutionally protected speech like criticisms of Israel.

But lawmakers in both parties that supported House Bill 942, named the “Shalom Act,” rejected the notion that it would infringe on free expression, and said it shouldn’t be controversial to adopt a definition that several other states and countries have adopted as well.

After clearing a committee on Wednesday morning, the bill was taken up directly on the House floor Wednesday afternoon, passing in a near-unanimous 105-4 vote.

Democratic Reps. Pricey Harrison, Nasif Majeed, Marcia Morey, and Renée Price voted against the bill.

What is the IHRA definition of anitsemitism?

The International Holocaust Remembrance Alliance adopted a working definition of antisemitism in 2016.

The definition, which the IHRA stresses is not legally binding, states that “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

Groups opposed to the bill noted that seven of the 11 contemporary examples of antisemitism listed on the IHRA’s website relate to criticism of Israel.

One of the listed examples of antisemitism is “...claiming that the existence of a state of Israel is a racist endeavor.”

The IHRA’s website says that antisemitism “might include the targeting of the state of Israel, conceived as a Jewish collectivity. However, criticism of Israel similar to that leveled against any other county cannot be regarded as antisemitic.”

The legislation the House approved on Wednesday would adopt the IHRA’s definition, and the examples of antisemitism it contains, “as a tool and guide for training, education, recognizing, and combating antisemitic hate crimes or discrimination and for tracking and reporting antisemitic incidents in this State.”

The bill also states that it “shall not be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Constitution of North Carolina.”

Jewish and Muslim groups say the bill limits free speech

Several Jewish and Muslim advocacy groups held a press conference outside the legislative building to condemn the bill, saying it unfairly conflates criticism of the Israeli government with antisemitism.

Abby Lublin, executive director of Carolina Jews for Justice, accused the bill’s Republican sponsors of exploiting Jewish people for political gain.

“We — I’m speaking as Jewish people in the United States — have experienced safety in this country for hundreds of years, in large part due to the constitutional rights and protections of minorities,” she said. “So we are not going to let fear, or in this case fear-mongering and political stunting to lead us to trade in these rights and protections.”

Lela Ali, the co-founder of Muslim Women For, said the bill attempts to pit Muslims and Jewish communities against one another.

“This bill will blur the line between legitimate criticism of the well-documented war crimes and human rights violations committed by the Israeli government and anti-semitism,” she said. “It will give a green light to censor and undermine political expression in support of Palestinian rights.”

Lublin also noted that comments Republican Lieutenant Governor Mark Robinson has made in the past about the Jewish community would be considered antisemitic under the definition proposed in the bill.

In 2017, Robinson wrote on Facebook “I am so sick of seeing and hearing people STILL talk about Nazis and Hitler and how evil and manipulative they were. NEWS FLASH PEOPLE, THE NAZIS (National Socialist) ARE GONE! We did away with them.”

Robinson has also questioned the Holocaust, referring to it at one point as “hogwash” on Facebook.

“I don’t want to comment on comments anyone else made without knowing them, knowing the context,” Moore told reporters in response to a question about Robinson’s remarks.