Source: The Star Ledger

After hearing two days of virtual testimony from hundreds of people last Thursday, a state Senate committee favorably reported out two bills calling for making a particular definition of antisemitism — that of the International Holocaust Remembrance Alliance (IHRA) — the official definition for the State. The definition includes various examples that would deem certain criticisms of Israel to be antisemitic.

Many critics of the definition object that while combatting bigotry is essential, these bills would be used — as similar bills have been used elsewhere — to shield Israel from criticism. Numerous civil liberties organizations and experts have warned that enacting the IHRA definition would violate First Amendment rights. Leading scholars in Holocaust, Jewish, and Middle East Studies, including many Jewish scholars, have opposed IHRA as well.

I was one of those who spoke in opposition to the bills, so it will surprise no one to learn that I found many of the arguments on the other side quite weak.

We need the bills, said some, because of the recent upsurge in antisemitism, as measured by the Anti-Defamation League. But a significant part of the upsurge has been due to the ADL reclassifying many pro-Palestinian demonstrations as antisemitic. Why did they do this? Because, they said, they applied the IHRA definition.

Had they used an alternative definition — for example, the Jerusalem Declaration, favored by a distinguished group of scholars — the upsurge shrinks considerably. Antisemitism is real and horrific, but apparently the IHRA definition is needed in New Jersey because of the increased tally of antisemitic incidents resulting from the use of the IHRA definition itself.

Others urged passage of the bills while assuring that the IHRA definition wouldn’t interfere at all with criticism of Israel, but then gave examples of antisemitism that often turned out to be, yes, criticisms of Israel. They were sharp criticisms, perhaps intemperate criticisms. But they were criticisms of a nation-state, not of Jews.

There was one argument in favor of the bills, however, that I found particularly odd.

Many speakers contended that it was up to Jews, and Jews alone, to define antisemitism. In fact, to not allow Jews the sole right to define antisemitism was itself antisemitic. Jews, they claimed, were the only group denied the right to define the hatred that others project towards them.

Putting aside the fact that Jews are by no means united on the definition of antisemitism, the claim that Jews are the only victimized group that is refused the right to define hatred against them is totally incorrect.

Do we do this with Blacks? Has their support for affirmative action led us to define by law anyone who opposes affirmative action as being a racist?

Do we do this with women’s rights? Most women support reproductive rights. Have we thought to pass a law that says anyone opposing such rights is guilty of sexism?

But let’s take the clearest example of all: If it is always up to the victimized group to define what counts as bigotry against it, then what about Palestinians?

I surmise that they believe the Israeli government is committing genocide in Gaza, and that therefore anyone saying “I stand with Israel” is engaged in the most vile form of anti-Palestinian bigotry.

Likewise, if it were up to Palestinians alone, anyone who identifies as a Zionist — which in the Palestinian view involves the commission of terrible crimes against their people — is indisputably engaged in contemptible anti-Palestinian hatred. Would we think of enshrining these Palestinian views into our state law?

New Jersey has never enacted laws making bigotry in speech or thought illegal. We rightly have multiple laws against acts of race, sex, and other discrimination, but we have not sought to codify the general meaning of “racism,” “sexism,” and other forms of bigotry. All of these terms are controversial and contested, and are not properly the subject for legislative definition.

The same is true of antisemitism.

Stephen R. Shalom is a retired professor of political science at William Paterson University and a member of Jewish Voice for Peace, Northern NJ.


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Stephen R. Shalom (born September 8, 1948) is professor emeritus of political science at William Paterson University in NJ. Among other topics, he writes about U.S. foreign policy and political vision. He is on the editorial board of New Politics and a member of Jewish Voice for Peace and the Real Utopia network.

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