(Forward) Ron Machol - The constitutionality of laws penalizing the boycott of Israel is being called into question as the Senate considers the Combating BDS Act. The act is designed to assist states and the federal government as they enforce anti-discrimination laws that focus on combating the spread of BDS. These laws are similar to other anti-discrimination laws that protect women, racial minorities and LGBTQ individuals. All of these laws balance the right to free speech with the government's obligation to protect vulnerable classes of people from discrimination. More than 40 years ago, in response to the Arab League boycott of Israel, laws were passed to prevent entities from imposing foreign policy in the U.S., prohibiting unauthorized boycotts against foreign nations. These laws have survived challenges in federal courts. In response to the spread of discrimination against Israel perpetrated by BDS, U.S. states began enacting laws that prohibit the state from spending taxpayers' money to contract with or invest in those who engage in BDS discrimination. These state anti-BDS laws do not infringe upon the First Amendment. There is a long line of Supreme Court decisions that allow states to choose who they do business with and to exclude discriminatory actions from First Amendment protection. The writer is the COO of Zachor Legal Institute, which oppose discrimination in all forms, including discrimination targeting Israel under the banner of BDS.
2019-01-15 00:00:00Full ArticleBACK Visit the Daily Alert Archive