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Israel Boycott Ban Is Not about Free Speech
(Reuters) Zach Schapira - Can U.S. state governments withhold public contracts or financial investments from companies that boycott Israel? 26 states have laws and regulations to this effect (legislation is pending in 13 more). The American Civil Liberties Union claims this infringes on freedom of speech. The issue has sparked controversy in the Senate as lawmakers vote on a clause affirming states' rights to direct their contracts and assets in this way. The measure is aimed primarily at the Boycott, Divestment, and Sanctions (BDS) movement against Israel. Activists have maligned anti-boycott laws as requiring a "loyalty oath to Israel." When so framed, these laws appear to be intolerable censorship. The First Amendment enables anyone to freely express their views without fear of government retribution - even if those views are racist or anti-Semitic. But acting on such views is in many cases illegal, particularly when the effect is discriminatory. These state laws do not impact anyone's ability to hold, express or advocate any viewpoint. Instead, they only require businesses seeking government contracts (or investments) to certify they are not engaged in discriminatory boycotts. The writer is executive director of the J'accuse Coalition for Justice, dedicated to combating anti-Semitism and anti-Israel bias.