Supporters Cheer NJ Bill On 'Antisemitism,' But Critics Worry About Free Speech Issues

A proposed state law that attempts to define “antisemitism” recently took a step forward in New Jersey – but not without some controversy.

If it crosses the finish line, A-3558 would establish an official state definition of “antisemitism,” largely based on the International Holocaust Remembrance Association’s (IHRA) interpretation of the term.

Supporters of the proposed law say it will be a valuable tool for combatting a rise in hate crimes that are targeting Jewish people and institutions. However, its opponents argue that the bill would falsely conflate legitimate criticism of Israel with antisemitism – violating the free speech rights of Palestinians and pro-Palestinian groups in New Jersey.

The bill advanced out of the Assembly State and Local Government Committee last week by a unanimous vote after a contentious hearing in Trenton, which was accompanied by a rally outside the Statehouse and a confrontation between protesters. It now faces further review in the Assembly.

WHAT IS ANTISEMITISM?

Part of the controversy revolves around the definition offered by the IHRA, an intergovernmental organization with 35 member countries and eight observer countries.

Here’s how the IHRA defines the term:

“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.”

Some examples might include “targeting the state of Israel” – although criticism of Israel similar to that leveled against any other country is not antisemitic, the IHRA adds.

Other examples include:

• “Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion”
• “Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective — such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions.”
• “Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews”
• “Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust”
• “Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor”
• “Drawing comparisons of contemporary Israeli policy to that of the Nazis”

'HATE HAS NO SAFE HARBOR'

The bill’s primary sponsors – Assembly members Rosy Bagolie (NJ-27) and Gary Schaer (NJ-36) – said it is coming at a time when Jewish people are among the most likely of all religious minority groups to be victimized by incidents of hate.

Data also shows that the state of New Jersey ranked third in the nation in antisemitic incidents in 2023. According to the New Jersey State Police statistics, in 2024 anti-Jewish incidents was the second-highest type of reported bias incidents, the lawmakers said.

• See Related: Antisemitic Incidents Double In NJ Amid Nationwide Spike, Report Says
• See Related: Video Shows Man Hurl Fiery Molotov Cocktail At NJ Synagogue

If it passes, the proposed law would give police another way of determining if an incident has antisemitic roots – and may potentially be a bias crime.

According to its sponsors, nothing contained in the bill would be construed to diminish or infringe upon any right protected under the First Amendment to the U.S. Constitution, or paragraph 6 of Article I of the New Jersey Constitution – unless it includes one of the above examples of “antisemitism.”

“Every New Jerseyan deserves to live, learn, and worship without fear,” Bagolie said.

“By adopting the IHRA definition, we equip our institutions, educators, and law enforcement with a vital tool to better identify and respond to antisemitic incidents,” the assemblywoman added.

“This legislation is about ensuring that hate has no safe harbor in our schools, communities or government,” she said.

The bill has also picked up support from former assemblyman Jack Ciattarelli, who is running for New Jersey governor as the Republican nominee.

“Given the record antisemitism in our state, it’s about time for New Jersey legislators to adopt a uniform definition of antisemitism, as provided by the IHRA,” Ciattarelli wrote last week.

“Our legislature has punted on this issue and delayed this vote for far too long,” he added.

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'SILENCING ADVOCACY, ACTIVISM'

Critics of the proposed law disagree.

Several religious, civil rights and immigration advocates said they were outraged at last week’s Assembly committee vote, which took place after hours of testimony from community members.

Among those speaking was Mehdi Rabee, the brother of Amer Rabee – a 14-year-old Saddle Brook resident who was shot and killed by Israeli soldiers in the West Bank village of Turmus Ayya (watch the video below).

According to a statement from CAIR-New Jersey, using the IHRA definition of “antisemitism” is far from an open-and-shut decision:

“Efforts to codify IHRA as a legal definition of antisemitism have been criticized by civil liberties and human rights groups including the American Civil Liberties Union (ACLU), The Center for Constitutional Rights, the Foundation for Individual Rights and Expression, and the National Lawyers Guild, Amnesty International and Human Rights Watch. Even pro-Israel groups including J Street and New Jewish Narrative oppose [the IHRA definition].”

“We know for a fact this bill would effectively silence advocacy and activism for Palestinian human rights by falsely conflating criticism of Israel with antisemitism,” claimed Maheen Mumtaz, a government affairs associate with CAIR-New Jersey.

“Our Palestinian community should not live in fear of being labeled antisemitic for speaking out about our families living under occupation or being killed in Gaza,” agreed Alaa Chahid, director of community organizing at the Palestinian American Community Center.

• See Related: ‘Criticizing Israel Doesn’t Make You Antisemitic,’ NJ Activists Say

Meanwhile, other advocates such as Gabi Rubinstein of NJ Anti-Zionist Minyan and IfNotNow said authorities should focus their attention on “real threats to Jews” in the region, including those posed by white supremacists.

• See Related: NJ White Supremacist Threat 'High,' Bigger Than ISIS, Report Says

Opponents of the bill also included several Jewish residents in the Garden State, who gave reasons why they’re against it in a series of videos shared by Jewish Voice for Peace – Central New Jersey.

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