- Protests erupted at the State House in Trenton today as lawmakers moved closer to adopting a formal definition of antisemitism that'll use specific language framed by the International Holocaust Remembrance Association that some see as controversial and a threat to free speech.
35 other states and the District of Columbia have already adopted the IHRA's definition.
New Jersey lawmakers debated the bill for more than a year and today it finally received a special committee hearing.
Senior Correspondent Joanna Gagas is in Trenton with the details as part of our Under the Dome series.
Jo.
- Yeah, Brianna, at issue here is a bill that would create a state definition of antisemitism and a public awareness campaign around biased crimes.
Now, proponents of the bill say that it's necessary to create a clear sense of what constitutes antisemitism and to give law enforcement a clear legal response.
But opponents of the bill say that it violates the free speech protections outlined in both New Jersey and the nation's constitution.
Those opponents held a rally before the hearing started that had its own share of controversy, which spilled over into the hours-long meeting afterwards.
- We will not let them silence us.
- Yesterday I saw a video about a baby in Gaza who was three months old, who died because there was no formula for him.
And his mom doesn't have water to drink so that she can nurse him.
At least having the ability to say that Israel's stopping all of this water and all this food from going into Gaza is wrong.
Saying that is really important to me.
- Let me be unequivocal.
This bill does not infringe upon the First Amendment.
The legislation as amended explicitly states that it shall not be construed to quote, "Restrict, penalize, diminish, or infringe "upon any right protected by the Fourth Amendment "of the United States Constitution "or paragraph six of article one "of the New Jersey State Constitution."
- We are not policing thought or opinion.
We are empowering our state to combat discriminatory conduct motivated by antisemitism.
A3558 neither creates new crimes nor does it threaten academic freedom for critical inquiry.
It establishes a framework for our state to respond more effectively under existing anti-discrimination laws.
Consider these examples from our community.
A student is assaulted simply for identifying as Israeli.
A Jewish senior living facility is threatened with a letter calling for genocide.
A Jewish day school social media page is targeted with a comment, "A great place to bomb."
- The Jewish community must stand up to those bullies who see this bill as a threat to their ability to harass and intimidate us.
- I am here today to respectfully express my disapproval with the bill currently the way it's written in front of us.
Not because I disagree with the spirit of the legislation, but because I fear that implementation of this bill could have unintended consequences for free speech, academic inquiry, and legitimate political discourse.
- While the bill includes disclaimers affirming First Amendment protections, the line between guidance and enforcement becomes murky, especially when applied by state agencies and law enforcement in response to speech that may be critical to a foreign government's policies.
- Anybody with any legal background that reads through this bill will see clearly that every paragraph of itself is contradictory to the one before.
Section two of this very bill gives you 30 examples of what you can't say about the state of Israel.
That is not free speech.
- When the author of the definition himself is saying, "Hey, I didn't intend for this.
"It's being misused for the exact purpose "that we're all here for today," that's what we're here about, okay?
Everyone in this room, everyone in this room stands against antisemitism in solidarity.
But this is about free speech, and we ask you, candidly, do you support it?
- Shall this pass, we will challenge this in the court, and every court in this nation will clearly show you how unconstitutional this is.
- With more than 250 speakers, this hearing spilled well into the evening hours, long past our deadline.
But whether this bill passes with amendments or not, it's clear these two sides couldn't be further apart.
In Trenton, I'm Joanna Gagis, NJ Spotlight News.
- "Under the Dome" is made possible in part by the Corporation for Public Broadcasting, a private corporation funded by the American people.
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