To counter a rising tide of antisemitism in the state and nationally, a new North Carolina law signed Monday by Gov. Roy Cooper now defines antisemitism, though free speech advocates are concerned the move does little to protect Jewish people while stifling criticism of Israel’s war in Gaza.
Under House Bill 942, titled Standing up to Hate and Leading with Our Moral Principles, or SHALOM Act, the state officially adopts the definition of antisemitism used by the International Holocaust Remembrance Alliance “as a tool and guide for training, education, recognizing and combating antisemitic hate crimes or discrimination and for tracking and reporting antisemitic incidents.”
The law, which takes effect Monday, goes on to say it does not infringe upon or water down the right to free speech guaranteed by the U.S. Constitution.
The IHRA adopted its working definition of antisemitism in May 2016 and offers the language as a template for governments and organizations seeking to identify, track and stamp out anti-Jewish hate.
“Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews,” the IHRA definition, now adopted by North Carolina, reads. “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.”
In signing the bill, Cooper said codifying antisemitism in state law is a step toward eliminating hate toward Jews and their faith.
“Defining antisemitism is important to stopping it, and this new law helps do that as antisemitic incidents are on the rise,” Cooper said. “While we protect the right to free speech, this legislation helps to make our state a more welcoming, inclusive and safe place for everyone.”
The American Civil Liberties Union of North Carolina said the definition of antisemitism is vague and ” conflates criticism of the state of Israel with antisemitism.” Because the law does not level new punishments for anti-Jewish hate crimes, the ACLU said HB 942 does little to protect Jewish people while stifling free speech.
“Instead of taking a meaningful step to reduce antisemitism, the SHALOM Act infringes on North Carolinian’s First Amendment right to engage in political speech.,” the ACLU wrote in a series of posts on X. “The SHALOM Act does not add any new protections for Jewish people or create any new criminal offenses. Jewish people in NC were already protected under the existing anti-discrimination laws including legal protections from bias-based crimes & religious discrimination. The suppression of speech under the guise of combating antisemitism undermines the essence of democracy and detracts from genuine efforts to combat bigotry and discrimination through open dialogue and education.”
Republican House Speaker Tim Moore said the Legislature has been working on defining antisemitism since before the Oct. 7 Hamas attack on Israel that sparked an all-out war in Gaza and pro-Palestinian protests on college campuses, including at some in the UNC system. Some of those dust-ups, notably at the University of North Carolina at Chapel Hill, have erupted in violence and arrests.
Passing the SHALOM Act was one of the few bipartisan measures put forth by the Republican-dominated General Assembly this Session. It passed both the House and Senate nearly unanimously last month before landing on Cooper’s desk.
During floor debate of the SHALOM Act in the House, Moore said some of the reactionary violence against Jews on college campuses went beyond protest and was bordering on criminal.
“We have to deal with this, we have to be very clear: This will not be tolerated,” Moore said.
The IHRA definition makes a distinction between targeting of the state of Israel as a symbol of Judaism and Jewish collective, which is antisemitic and criticism of Israel “similar to that leveled against any other country,” which is not.
