Anti-boycott bill threat to free speech – GazetteNET

Posted: August 8, 2017 at 3:56 am

TheAmerican Civil Liberties Unionconsiders the proposedIsraeliAnti-Boycott Act, which isworking its way through Congress,a serious threat to free speech. We agree.

The act targetsan international effort to boycott businesses in Israel and occupied Palestinian territoriesto pressure Israel to comply with international law and to stop the further construction of settlements on occupied Palestinian lands.

The bill would threaten large fines and prison time for businesses and individuals who dont buy from Israeli companies operating in occupied Palestinian territories, and who make statements, including social media posts, saying that they are doing so in order to boycott.

The bill would make it a felony to support the internationalboycott. Those found in violation would be subject to a minimum civil penalty of $250,000, a maximum criminal penalty of $1 million and 20 years in prison, according to the ACLUs analysis.

The global Boycott, Divestment and Sanctions movement, or BDS, began after Palestinian civil society organizations in 2005 called for aboycottto pressure Israel over its treatment of Palestinians. Among the movements goals: ending the Israeli occupation of the West Bank, including East Jerusalem, the Gaza Strip and Golan Heights; equality under Israeli law for Arab citizens; and stopping the expansion of almost exclusively Jewish settlements in Israeli-occupied territories, which the United Nations says is a violation of the Fourth Geneva Convention.

Detractors say that BDS unfairly targets Israel, with the Anti-Defamation League going so far as to say it is the most prominent effort to undermine Israels existence. Supporters, however, say its a nonviolent movement inspired in part by similar actions taken against the apartheid regime in South Africa in the 1980s.

In Massachusetts, U.S. Rep. Richard Neal, D-Springfield, is one of 237 members of the House to co-sponsor the bill.

Neal explained his sponsorship recently by saying, I am opposed to international efforts that attempt to isolate, boycottand delegitimize the State of Israel. If peace in the Middle East is to be achieved, it will only come about through direct negotiations between the Israelis and the Palestinians I take the views of the ACLU seriously, but remain deeply concerned about a movement that demonizes our close ally and rejects a two-state solution.

While we support Israels right to exist andour countrys historic alliance with Israel against its enemies, we should not let that trump the right of our citizens to express their political viewsthrough boycott without fear ofretribution from a government that disagrees with their political stance. Today Israel, tomorrow..what?

The ACLU is right to dig in on this. Its the edge of the proverbial slippery slope.

If members of Congresswant to lend their support to Israel, then let them lend their voices, but not try to stiffle the voices of their fellow citizens.

Other countries including France and Britain have enacted similar anti-boycott measures, but that doesnt make it right or mean we should follow suit. Formore than 200 years America has seen itself as the champion of personal freedom and democracy, and we shouldntnow abandonthat leadership role in the world.

As the ACLU has argued, individuals, not the government, should have the right to decide whether to support boycotts against practices they oppose.

The civil liberties organization has pointed to the 1982 Supreme Court case National Association for the Advancement of Colored People v. Claiborne Hardware Co., in which the court ruled that nonviolent advocacy of politically motivated boycotts is protected as free speech.

Meanwhile, a somewhat similar bill is moving through the state Legislatureand would prevent those who have contracts with the state from refusing, failing or ceasing to do business with anybody based on their race, color, creed, religion, sex, national origin, gender identity or sexual orientation. But some of the bills backers, have explicitly stated that the goal is to target the anti-Israel boycottas a movement.

Joseph Levine, a philosophy professor at the University of Massachusetts Amherst and a member of Western Mass. Jewish Voice for Peace, testified against the state bill recently for the same reason he thinks the federal proposal is bad policy.

As a Jewish American growing up in the generation right after the Holocaust, I am well aware of the frightening consequences that attend social toleration for racism in all its forms, particularly anti-Semitism, Levine said in his testimony. But I strongly oppose this act because I believe it actually fosters, rather than combats, discrimination.

I think the bill is horrible. It is a clear violation of peoples right to express their opinion It represents a frightening kind of authoritarianism that would be absolutely horrible and a terrible precedent if it passed.

The anti-boycott act is a rare bipartisan effort in 2017, with 31 Republican and 14 Democrat co-sponsors, and a similar House bill has 117 Republican and 63 Democrat co-sponsors.

Normally, we would applaud such bipartisanship, that would see the likes of Senate Minority Leader Chuck Schumer, Sen. Kirsten Gillibrand,joining the likes of Sens. Ted Cruzand Marco Rubio to cosponsor the bill. But as the ACLU presses its arguments, some are having second thoughts.

Gillibrands officesaid she had a different understanding of the bill than the ACLU, but she expressed a desire to change it.

Wewere relievedto hear that after the ACLU raised the alarm some federal legislators were reviewing their support of the bill and hope that Congressman Nealwill do the same.

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Anti-boycott bill threat to free speech - GazetteNET

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