A3558 ACS

An Act concerning the definition of antisemitism and supplementing Title 10 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Antisemitism, and harassment on the basis of actual or perceived national origin, shared ancestry, or ethnic characteristics with a religious group, remains a persistent, pervasive, and disturbing problem in contemporary American society.

b. Data shows that Jewish people are among the most likely of all minority groups to be victimized by incidents of hate, and such incidents are increasing at an alarming rate.

c. 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, anti-Jewish incidents were the second highest type of reported bias incident in 2024.

d. Antisemitism on college campuses is systemic, broad, and deep, with recent studies showing that the number of Jewish students experiencing antisemitism across the United States had spiked to nearly 75 percent and, in 2017 alone, there were more than 204 reports of antisemitic incidents of harassment, vandalism, or assault against Jewish students on campus, an 89 percent increase from the previous year.

e. Antisemitism is a persistent and pernicious form of hatred that threatens the safety of Jewish communities and undermines democratic values.

f. The International Holocaust Remembrance Alliance (IHRA), an intergovernmental organization founded in 1998, adopted the working definition of antisemitism in 2016 to provide a practical framework for identifying and addressing antisemitism in contemporary society.

g. The United States Department of State adopted the IHRA definition in 2010 to inform its efforts to combat antisemitism globally. This definition has been widely endorsed by nations, international organizations, academic institutions, and local governments.

h. The IHRA working definition of antisemitism is a valuable tool for education, training, and policy-making to combat antisemitism, but it is not legally binding and is required to be applied in a manner consistent with constitutional protections, including the right to free speech.

i. It is in the public interest of the State of New Jersey to define the term antisemitism as an educational and advisory resource to better understand, address, and combat antisemitism in all its forms, while ensuring the protection of constitutional rights.

2. a. For the purposes of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), “antisemitism” means a certain perception of Jews, which may be expressed as hatred toward Jews, including rhetorical and physical manifestations of antisemitism which are directed toward Jewish or non-Jewish individuals and their property, Jewish community institutions, and religious facilities.

b. Contemporary examples of antisemitism include:

(1) Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion:

(a) this refers to threats, endorsements, or acts of violence targeting Jews solely because of their identity, often motivated by radical ideologies or religious extremism; and

(b) this does not encompass criticisms of specific individuals or policies unconnected to their Jewish identity or acts of violence unrelated to antisemitic ideology.

(2) Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such, or the power of Jews as a 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:

(a) this includes perpetuating harmful stereotypes or conspiracy theories, such as Jewish control of global affairs or industries; and

(b) legitimate, evidence-based critiques of specific individuals or organizations, irrespective of their Jewish identity, are not antisemitic.

(3) Accusing Jews, as a people, of being responsible for real or imagined wrongdoing committed by a person or group of Jewish individuals, or even for acts committed by non-Jews:

(a) blaming all Jews for the actions of one Jewish individual or a subgroup perpetuates harmful collective blame; and

(b) holding individual Jews accountable for their actions is acceptable if the criticism is specific and not generalized to the entire Jewish community.

(4) Denying the fact, scope, mechanisms, or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II:

(a) this example addresses Holocaust denial or distortion, including minimizing the scale of the genocide, denying the methods used to commit this genocide, including through the use of gas chambers, and denying its occurrence; and

(b) scholarly debate or historical research that seeks to better understand Holocaust events based on evidence is not antisemitic.

(5) Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust:

(a) this refers to claims that the Holocaust is a fabrication or exaggeration, implying malicious intent by Jews or Israel; and

(b) discussing the ways in which the Holocaust has been memorialized or taught, if done in good faith and without denying its historical accuracy, is not antisemitic.

(6) Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations:

(a) this involves accusations that Jewish people are inherently disloyal to their country of citizenship because of their identity or connections to Israel; and

(b) discussing specific instances where dual loyalty is explicitly declared or conflicts of interest arise in an individual’s conduct is not antisemitic if handled with care.

(7) Denying the Jewish people their right to self-determination, including by claiming that the existence of a State of Israel is a racist endeavor:

(a) this targets arguments that deny the legitimacy of Israel’s existence solely because it is a Jewish state, implying that Jews have no right to nationhood; and

(b) criticizing the policies or actions of the Israeli government is not antisemitic if it does not involve denying Israel’s right to exist.

(8) Applying double standards by requiring of Israel a behavior not expected or demanded of any other democratic nation:

(a) singling out Israel for criticism or condemnation while ignoring similar actions by other nations is indicative of antisemitic bias; and

(b) holding Israel accountable for its policies or actions is not antisemitic if the critique is proportional, factual, and consistent with expectations for other nations.

(9) Using the symbols and images associated with classic antisemitism, such as claims of Jews killing Jesus or blood libel, to characterize Israel or Israelis:

(a) this includes recycling historic antisemitic tropes, such as blood libel, in discussions about Israel or its citizens; and

(b) discussions about the policies of Israel that avoid these harmful tropes and focus on specific issues are not antisemitic.

(10) Drawing comparisons of contemporary Israeli policy to that of the Nazis:

(a) equating Israeli policies or actions with the atrocities committed by Nazi Germany trivializes the Holocaust and demonizes Israel unfairly; and

(b) comparisons that analyze specific policies of Israel in the context of international standards, without invoking Nazi analogies, are not antisemitic.

(11) Holding Jews collectively responsible for actions of the State of Israel:

(a) this refers to blaming all Jews for decisions or policies made by the Israeli government, implying that Jews worldwide bear responsibility for Israel’s actions; and

(b) holding individuals or groups accountable for explicitly stated support of specific policies is not antisemitic if criticism is proportionate and does not generalize to the entire Jewish community.

c. Antisemitism and its contemporary examples, as defined in this section, shall be used as a tool for:

(1) training and educating public officials, law enforcement personnel, and educators on recognizing and addressing antisemitism;

(2) guiding responses to incidents of antisemitism, including hate crimes targeting Jewish individuals or institutions; and

(3) developing public awareness campaigns to combat antisemitism and promote understanding of Jewish history, culture, and contributions.

d. Nothing in this section shall be construed to:

(1) restrict, penalize, diminish, or infringe upon any right protected by the First Amendment of the United States Constitution or paragraph 6 of Article I of the New Jersey Constitution;

(2) categorize political expression and discourse, academic inquiry, or other forms of speech critical of the State of Israel or its policies as antisemitic unless such speech includes specific language or actions defined as antisemitic under this section; or

(3) conflict with local, State, or federal anti-discrimination laws or regulations.

e. In reviewing, investigating, or deciding whether there has been a violation of any State or federal anti-bias statute, law enforcement shall take into consideration the definition and examples of antisemitism as provided for in subsections a. and b. of this section, for the purposes of determining whether the alleged act was motivated by antisemitic intent.

3. This act shall take effect 30 days following the date of enactment.