Take action to stop unconstitutional attack on freedom to boycott

Updated July 10, 2018

What is the Israel Anti-Boycott Act?

The Israel Anti-Boycott Act (S.720/H.R. 1697) aims to quell the movement for Palestinian rights by penalizing companies, and in some cases individuals, that support the nonviolent tactic of boycott to hold Israel accountable for violations of Palestinian rights. Specifically, the legislation seeks to amend the Export Administration Act of 1979 to prohibit action that complies with calls by the U.N. to boycott Israel or illegal Israeli settlements. H.R. 1697/S. 720 would provide legal support to illegal settlements and upend decades of established U.S. policy. The bill has been widely criticized, including by the American Civil Liberties Union and other civil liberties groups, for violating First Amendment protections for free speech and against political discrimination.

 

What does the bill do?

As the ACLU explains, “The Israel Anti-Boycott Act principally seeks to amend the Export Administration Act of 1979. That law prohibits “U.S. persons” — a term that refers to both individuals and companies — from taking certain actions to comply with or support a boycott imposed by a foreign country against another country that is friendly to the United States.”

Israeli settlements in the occupied West Bank are illegal under international law and recognized as such by the U.S. government. Human Rights Watch issued a report in 2016 calling for companies to cease doing business with Israeli settlements in order to comply with international law. Amnesty International has said that “The international community must ban the import of all goods produced in illegal Israeli settlements.”

The legislation also goes against public opinion. According to a recent poll released by the Brookings Institution, 60% of Democrats and 46% of all Americans support sanctions or stronger action against Israel because of settlement construction. This is mirrored in the Jewish community where a 2014 poll found that 49% of American Jews under the age of 30 support boycott of the settlements. International bodies, human rights organizations, and increasingly public opinion recognize that the United States must put pressure on Israel in order to create a just peace with equality, human rights, and dignity for both Palestinians and Israelis. H.R. 1697/S. 720 does the opposite by seeking to amend U.S. policy in favor of permanent occupation.

 

What are the different versions of the legislation?

Due to pressure from Jewish Voice for Peace, the US Campaign for Palestinian Rights, the ACLU, Palestine Legal and others, new versions of the legislation have been drafted in order to create an unequivocally false perception of addressing First Amendment concerns. In the Senate, Senator Ben Cardin has proposed revised language which is slightly improved, but still blatantly pro-settlement and unconstitutional. In the House of Representatives, the old language has been entirely replaced with a new version that remains unconstitutional and pro-settlement. This new version is especially horrifying because it would give the Trump administration the ability to decide how to punish those found in violation of the legislation. For specifics, see this document form the US Campaign for Palestinian Rights. AND, you don’t need to get bogged down in the details – in any form, the legislation is troubling and needs to be opposed.

 

What doesn’t the bill do?

It does not make it illegal to support the Palestinian-led call for boycott, divestment and sanctions (BDS). While this legislation is alarming, it is important not to exaggerate the potential impacts of the legislation or to add to the chilling effect against advocacy for Palestinian human rights.

 

What are members of Congress saying?

New York Senator Kirsten Gillibrand withdrew her sponsorship from the bill after hearing the concerns of the ACLU and numerous constituents. In response to questions from JVP members at townhalls in New York she said: “I would never support any bill that chills free speech… I will not support it in its current form.” She went on to say “I am concerned that Prime Minister Netanyahu does not have a plan for peace, and doesn’t have a vision for peace.”

Massachusetts Senator Elizabeth Warren was asked about the bill by a JVP Boston member at a townhall on August 4, 2017. She told the crowd: “I don’t support the boycott, I think the boycott is wrong. But I think outlawing protected free speech activity violates our basic constitution.”

Oregon Senator Ron Wyden faced multiple questions from constituents concerned about the bill. He defended his support for it, saying that he disagreed with the ACLU’s interpretation and that “the concern is that the boycott movement has grown.

An article in the Daily Hampshire Gazette highlights the unconstitutionality of the legislation while calling out Representative Richard Neal (MA-1) for co-sponsoring the legislation.

 

Who else opposes the bill?

American Civil Liberties Union

Amnesty International

CREDO

MoveOn

Friends Committee on National Legislation

Palestine Legal

J Street

US Campaign for Palestinian Rights

 

HERE’S HOW YOU CAN TAKE ACTION

See if your Member of Congress is a co-sponsor of the legislation. The co-sponsors in the Senate are listed here and the co-sponsors in the House are listed here.

Call your senators and representatives! Call the Capitol switchboard at (202) 224-3121 to get connected to your members of Congress. Tell them:

“Hi, my name is _______, and I’m a constituent. I’m calling to express concern about your support of / urge you not to support the Israel Anti-Boycott Act (S. 720 for Senate/ H.R. 1697 for Representatives). This bill discriminates against political beliefs by criminalizing efforts to use boycotts to hold Israel accountable to international law, and goes against U.S. policy by legitimizing illegal Israeli settlements in the Occupied Palestinian Territories. Can you assure me that the [Senator/Representative] won’t support/will withdraw support from this bill?”



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