Georgia Governor signs bill into law defining antisemitism, sparking Free Speech concerns

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Georgia Gov. Brian Kemp signed into law a bill that defines antisemitism in accordance with the International Holocaust Remembrance Alliance. Since its inception, the bill sparked concerns that its language would stifle criticism of the Israeli government. 

Key Players

The International Holocaust Remembrance Alliance (IHRA) defines antisemitism 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 organization also provides examples of antisemitism, including targeting Israel based on its Jewish identity, calling for the killing or harm of Jews, and dehumanizing or demonizing stereotypes of Jews, among other examples. 

Gov. Brian Kemp (R) was elected governor of Georgia in 2019. He likened his signing the IHRA definition to a 2020 law he approved that imposed additional penalties against those who commit hate crimes related to race, religion, or sexual orientation. Previously, Georgia was one of only four states without hate crime laws in place.                     

Further Details

Georgia lawmakers initially attempted adopting the IHRA definition in early 2023, but lawmakers were stalled after contentions over the phrasing. Efforts were revitalized following the Oct. 7 terrorist attack against Israel by Hamas.

“I think the whole world saw what happened on Oct. 7 and the fallout to Jewish communities around the world,” state Rep. Esther Panitch (D), the only Jewish member of Georgia’s legislature, said. Her district includes Roswell, a city about 22 miles north of Atlanta. 

Ultimately, on Jan. 25, 2024, Georgia lawmakers passed House Bill 30, which puts forward the IHRA definition of antisemitism, by a 44-6 vote. 

In adopting the definition, the bill maintains that it will not “be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or the Georgia Constitution.”

“Today we can fight a pervasive and escalating threat in our state and fight it together,” said state Sen. President Pro Tem John Kennedy (R), whose district lies west of Macon, at the bill’s passing. 

The bill later passed 129-5 in the House.

First Amendment concerns

Critics of the IHRA definition argue it censors criticism of Israel. 

“The First Amendment guarantees our rights as citizens to criticize any government, foreign and domestic,” said State Sen. Nikki Merritt (D), whose district encompasses Grayson, about 30 miles east of Atlanta. “Does our Constitution not mean anything?”

Ghada Elnajjar, a Palestinian mother from the suburbs of Atlanta, expressed concern that her sons would be targeted for criticizing Israeli government policy in the wake of the Oct. 7 attack, saying it “might take a simple thing as wearing a keffiyeh or a social media post and take it a step further and criminalize it and jeopardize my boys’ future.” 

In response to the bill, other members of the Georgia General Assembly have advocated for definitions of other forms of hatred, including homophobia and racism.

“If we’re going to define antisemitism in the law, then there a lot of other groups that experience racism, and they should also have definitions,” said State Sen. Sally Harrell (D), whose district encompasses Atlanta. She voted against the bill.

Jewish community and sponsors praise bill

Despite Free Speech concerns, supporters praised the bill’s passing in both chambers of the Georgia General Assembly.

“This is historic,” said Rabbi Larry Sernovitz, CEO of Hillels of Georgia. “It’s a day that Georgia decided to say, ‘We will protect Jews throughout the state of Georgia.’”

Panitch said she was “grateful to my fellow legislators, those who saw that the Jewish community has been suffering and in need of a definition to help law enforcement and schools understand when there is antisemitism, what it looks like.”

In response to Free Speech concerns, the bill’s sponsors assured that the IHRA definition would help prosecutors identify hate crimes and illegal discrimination targeting Jewish people, and that the language of the bill would not stop people from expressing their views, The Hill reported. 

“This legislation is not about stifling free speech,” said Kennedy. “Nor is it about the government stopping someone from simply sharing their views. It is about safeguarding the dignity and the safety of our Jewish friends and neighbors.”

Outcome

Governor Brian Kemp signs H.B 30

On Jan. 31, Gov. Brian Kemp signed the IHRA antisemitism definition into law, saying the bill was “reaffirming our commitment to a Georgia where all people can live, learn and prosper safely, because there’s no place for hate in this great state.”
Kemp compared the law to a measure he signed in 2020 that allows additional penalties to be imposed for crimes motivated by a victim’s race, religion, sexual orientation, and other factors, TheAssociated Press reported. The specific measure was signed after the hate crime killing of Ahmaud Arbery, a Black man who was chased and fatally shot near the city of Brunswick.