RALEIGH, N.C. (CN) — The North Carolina legislature passed a bill Wednesday night codifying the definition of antisemitism in state law, an action which activists claim will silence speech, but which lawmakers argue is in response to targeted discrimination.
The bill, called the Shalom Act, adopts the the International Holocaust Remembrance Alliance’s working definition of antisemitism, which defines the term as "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.”
The definition will be used as a tool and guide for training and education. Bill authors intend for it to combat antisemitic hate crimes and discrimination, and will be used to track and report antisemitic incidents.
The alliance cites several examples of antisemitism, such as targeting the state of Israel, comparing Israeli policy to Nazism, making stereotypical accusations and denying the Holocaust.
The measure faced opposition from the North Carolina American Civil Liberties Union, who said that — despite the bill not criminalizing antisemitic speech — it would still silence political speech, particularly concerning the Israel-Hamas war.
“A definition of antisemitism that conflates criticism of Israel with antisemitism enshrined into law chills constitutionally protected political speech,” said Reighlah Collins, policy counsel for the North Carolina ACLU. “This bill would sweep up not just hate speech, but also core political speech: criticism of another government. Seven of the 11 examples relate specifically to Israel, including things like claiming the existence of Israel is a racist endeavor. This is political speech.”
Republican Senator Bobby Hanig said that the bill was drafted prior to the start of the Israel–Hamas war and is in response to his experience visiting Israel.
“I firmly believe that it's the responsibility of this body and all elected officials to protect all of our citizens from hate and bigotry,” said Hanig. “The Shalom Bill does exactly that. That's exactly what it does, that's what it's designed to do. It in no way infringes on, or diminishes anything to do with your rights protected by the North Carolina or the U.S. Constitution.”
House Speaker Tim Moore, one of the primary sponsors of the Shalom bill, said that it is a common-sense way to establish intolerance of discrimination.
“We have an opportunity to take a stand to make sure that we will not tolerate discrimination, antisemitism, threats of violence,” he said.
On their site, where the definition is published, the alliance says that their definition is a working definition, and “non-legally binding.” But North Carolina isn’t the first state to adopt it, with Georgia taking on the definition as its own earlier this year.
The first state to adopt the measure was South Carolina in 2018, who expanded on alliance's definition in their state budget, tying it to public university policy in identifying religious discrimination.
Before October 7, when the current Israel-Hamas war began, only nine states had adopted alliance's definition. Now, the measure has been introduced in dozens of states.
Moore says it is in response to targeted discrimination against Jews, both locally and nationwide.
“We have seen firsthand the violence, the intimidation, the threats, that are happening against Jewish individuals in this state and this country,” said Moore. “Some of those have become very violent.”
The Shalom Act received opposition from the ACLU, and from some Democratic lawmakers in committee, but passed with overwhelmingly bipartisan support in both the House and Senate.
The House passed the bill in May, and sent it over to the Senate, where it didn’t see action until Wednesday.
It moved rapidly through the Senate Wednesday, when it was heard in committee for the first time Wednesday morning, before being taken up by the Senate and passed. The House concurred on the measure the same day.
The bill will now go to Democratic Governor Roy Cooper. Even if Cooper vetoes the bill, the Republican party holds the necessary votes to override him and pass the measure into law.
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