The Boston Globe reported that teachers in New Hampshire are torn between two laws: one requires teaching the Holocaust, the other bans teaching “divisive concepts.” The reactionary “Moms for Liberty” has offered a $500 bounty to anyone who turns in a teacher for violating the “divisive concepts” law. The Anti-Defamation League has documented a sharp rise in anti-Semitic incidents in New England; the majority of those incidents occurred in New Hampshire.

New Hampshire schools have become battlegrounds in the culture wars over racism and gender identity, and comprehensive education on the Holocaust is in danger, experts and teachers say. In 2020, after events including the mass shooting two years earlier that killed 11 people at the Tree of Life synagogue in Pittsburgh, New Hampshire passed a law requiring instruction on the Holocaust and other genocides in grades 8 through 12. But then, in 2021, as part of a backlash to the nation’s racial reckoning after the murder of George Floyd, New Hampshire banned the teaching of “divisive concepts” such as implicit bias and systemic racism.

Now these two laws are colliding in the state’s classrooms. Some of the topics that the divisive concepts laws restrict are precisely the ones that Holocaust education experts say must be covered to prevent a repeat of history. A key part of teaching about the Holocaust and other genocides is examining how one group of people could agree to participate in the mass murder of another. The answer, in part, lies in the use of propaganda that asserts one group as inferior. Adolf Hitler modeled his depiction of Jews as an inferior race on America’s racist treatment of Black people and the study of eugenics in this country.

Letters of concern to the New Hampshire Legislature and interviews with teachers reflect that, in teaching about the Holocaust, many feel scared to discuss certain topics as a way to draw contemporary parallels because of the state’s divisive concepts law.

Kingswood social studies teacher Kimberly Kelliher is among them. She says the state’s reporting mechanism for parents to accuse teachers of violating the law — plus a monetary award offered by the parent activist group Moms for Liberty aimed at encouraging such reports — frightens her. “The Holocaust is not a single event. It is a series of attitudes and actions that led to an atrocity,” says Kelliher, who has taught social studies for more than two decades. “When we look at the divisive concepts law, if we are denying people from talking about certain things, then we’re not honestly talking about the attitudes and actions.”

Kelliher, like other teachers I spoke with, said she now avoids the word “racism” when talking to students about the Holocaust. Others say they avoid mentioning current events and hot-button topics such as implicit bias.

But a New Hampshire scholar says it’s impossible to avoid subjects like these if we truly want to learn from the atrocities of the past. “You can’t teach about Nazi perpetrators without teaching about implicit bias. You just can’t do it. What motivates the perpetrator?” says Tom White, the coordinator of educational outreach at Keene State College’s Cohen Center for Holocaust and Genocide Studies. Hitler took advantage of implicit bias and conspiracy theories against Jews that had existed through thousands of years of antisemitism. “The central crux of fascism is to make their followers afraid that they’re under attack by another group, that they’re threatened by another group,” White says. “Implicit bias,” he adds, “is the crux of all of this….”

Under New Hampshire’s law, instruction must include facts about the Holocaust and other genocides, plus teach students “how and why political repression, intolerance, bigotry, antisemitism, and national, ethnic, racial, or religious hatred and discrimination have, in the past, evolved into genocide and mass violence.” Teachers, state Department of Education guidelines say, should help students “identify and evaluate the power of individual choices” in preventing such behavior.

Reports of antisemitic incidents and propaganda are on the rise nationally and regionally, according to the Anti-Defamation League of New England. In 2022, the nonprofit tracked 204 antisemitic incidents in New England, a 32 percent increase from the previous year. In New Hampshire, where 183 of those incidents took place, the spike of white supremacist propaganda activity included a classmate shouting antisemitic comments at a Jewish student; a swastika and the phrase “Kill all Jews” scrawled on a rock in a public place; and a neo-Nazi group distributing stickers with the Star of David and message “Resist Zionism…”

The divisive concepts law in New Hampshire prohibits students from being “taught, instructed, inculcated or compelled to express belief in or support” that someone is “inherently superior” to another based on a particular trait, including sex, race, and religion, and also states that students cannot be taught that an individual is “inherently racist, sexist or oppressive, whether consciously or unconsciously.” Educators who run afoul of this provision can face sanctions, including loss of their teaching licenses

The state’s two largest teacher unions are suing the New Hampshire education commissioner, the attorney general, and the head of the human rights commission to repeal the divisive concepts law, citing the chilling effect it is having on teaching. Deb Howes, president of the American Federation of Teachers-New Hampshire, says the law’s title, which includes the words “Right to Freedom from Discrimination,” is downright Orwellian in its doublespeak, given the law itself “is in effect chilling speech on the very concept of discrimination against various marginalized groups.”

The vagueness of the divisive concepts law is one of teachers’ biggest concerns, Howes adds. “The divisive concepts law is so broadly worded. None of us are teaching that anyone deserves to be inherently oppressed, but we also know that when you’re talking about either history or the impact of history on current events, there are people who are oppressed and it comes from somewhere,” she says.