The United States is witnessing intense efforts by hundreds of lawmakers and organizations with special interests to protect Israel from accountability for war crimes, occupation and apartheid, by restricting the rights of the First Amendment in the US Constitution to advocates of solidarity with Palestine for "freedom" of expression" and the right to "political boycott".
In June 2022, the Eighth Judicial Circuit Court of Appeals upheld an Arkansas law that penalizes state government contractors who boycott Israel. Since 2014, dozens of states have adopted similar laws designed to punish individuals and companies that refuse to do business with individuals and companies who benefit from the Israeli occupation.
It is also actively working to silence BDS "boycott, divestment and sanctions" calls that seek to pressure Israel into complying with international law.
Activists in the BDS movement believe that the message to American citizens in these states is clear: “Action to hold Israel accountable for its crimes will cost you, and you will pay the price.” Rather, it represents the first step in a broader attack on constitutional protections designed to protect the rights of American citizens to defend justice," according to an investigation conducted by the American "Al-Shabaka" website, which follows the developments of the movement to boycott Israel as part of advocacy for Palestinians under occupation.
The site notes that, “Following the Arkansas Eighth Judicial Circuit´s decision, the case is now expected to move to the Supreme Court, paving the way for a ruling that will have important long-term ramifications for the rights of all United States citizens to engage in any type of politically motivated boycott.” ".
BDS experts believe that the "policy brief" used judicially (in the 8th District of Arkansas) and similar trends in US anti-boycott legislation aim to support coordinated pressure efforts to suppress the Boycott, Divestment and Sanctions (BDS) movement, which is beginning to show a tangible effect in highlighting the violations of the Israeli occupation against incredibly Palestinians" It also simultaneously highlights how ultra-conservative and reactionary forces (such as Zionist missionary movements), by targeting the right to boycott, are eroding the ability of American citizens to utilize their longstanding, constitutionally protected rights to demand justice and political change at home and abroad,” according to the investigation of the “Al-Shabaka” website.
It is reported that as of October 2022, bills and executive orders designed to punish those involved in boycotting Israel have been introduced in 34 states and apply to more than 250 million American citizens.
ACLU experts believe these laws are as absurd as they are disturbing. In 2017, officials in Texas denied access to hurricane relief funds from those who refused to give up their right to participate in the BDS movement, they only recognized the rule as misapplication of the law after facing public pressure in 2018, after Palestinian-American Bahia Amawi, a pediatric speech pathologist in Texas, sued the state after she lost her job for refusing to sign A pledge not to boycott Israel and the illegal Israeli settlements.
In the same year (2018), The Arkansas Times, a local newspaper based in the state capital, Little Rock, sued the state of Arkansas after an advertising contract with a public university was withdrawn as punishment for its refusal to give up its right to a country. Israel. And in July 2022, the Eighth Circuit Court became the highest court to hear the case when it ruled against the newspaper, stripping it of its right to boycott. This ruling, which is binding in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota, is a sign of what may be to come.
Federal district courts in Arizona, Georgia, Kansas, and Texas have also blocked enforcement of the states´ anti-boycott laws, deeming them "unconstitutional coercive speech and violations of the First Amendment to the US Constitution." However, instead of throwing them away on the grounds that the state government cannot compel an individual or group to Supporting some political expressions, there are attempts by anti-boycott activists to introduce amendments that would re-establish laws punishing supporters of boycotts of Israel.
Lawmakers in a number of US states have also placed financial burdens on companies accused of boycotting Israel through blacklists and divestment of pension funds.
Efforts to protect Israel from human rights standards applied around the world similarly extend to sustainable investment and corporate governance. In September 2022, the South Carolina state treasurer joined a growing list of officials threatening to sever ties with the multibillion-dollar investment firm Morningstar over allegations that their environmental, social, and governance (ESG)sustainability analytics program´s rating was biased against Israel.
Faced with mounting pressure, Morningstar hired an independent review panel to thoroughly investigate any possible bias. The investigation concluded that "there is no comprehensive or systemic anti-Israel bias in Studiolitics´ products and services; however, this failed to put an end to the smears against the rating system.” Missouri Attorney General Eric Schmitt decried Morningstar´s practices. Describing it as "an ESG investment awakening," Arizona Treasurer Kimberly Yee suggested that the idea of ​​reviewing Israeli companies to the same standards to which all other companies are held was anti-Semitic.
Since then, Morningstar has succumbed to pressure from the pro-Israel lobby, and has adopted a range of anti-Palestinian measures that include refraining from referring to the West Bank as "occupied" as well as relying on reports from the United Nations Human Rights Council. Obviously, to the pro-Israel lobby, Israeli companies should not be held to the same human rights, labor, and environmental standards as other companies. As a result, whether by banning government contracts that support BDS or threatening to cut ties with investment agencies, defenders of the Israeli system are forcing American citizens to choose between their First Amendment rights and their livelihoods.
The continuing proliferation of anti-boycott bills, recently described by Human Rights Watch (HRW) as "part of a growing global campaign" against defenders of Palestinian rights, has been spearheaded by the Israeli occupation regime itself, and over recent years it has succeeded Israel in bypassing US foreign interference laws by creating NGOs through which it funnels millions of dollars to US groups that then call for anti-BDS legislation. active in undermining the principles of healthy democracy, and those who oppose the rights of gays and minorities.”
The most vocal supporters of anti-BDS efforts in the United States are conservative interest groups and evangelical Christian organizations that are engaged in a national campaign to roll back hard-won freedoms, such as the American Legislative Exchange Council (ALEC), an ultra- Conservative project supported by the brothers. The Koch rich, in order to draft legislation for state governments and even the federal government to serve the interests of their corporations. In addition to unconditionally shielding Israel from impeachment and drafting anti-boycott bills for conservative lawmakers, groups like ALEC have also targeted public education, climate activism, and LGBT rights, while defending gun laws, banning the teaching of "race theory" in schools and universities, and repealing the Supreme Court in June 2022 for women´
Experts point out that Americans have long used their right to boycott as a way to make their voices heard. From the pre-Civil War boycott of slave labor, to the 1955 Montgomery (Alabama) bus boycott that called for an end to racial segregation, boycotts have proven to be a vital tactic in challenging human rights abuses and the struggle for political change in the United States. This tactic has also been used against injustice abroad.
“Indeed, economic, cultural and even academic boycotts have proven instrumental in ending apartheid in South Africa. Yet many display a disturbing selective intolerance of the right to boycott when it comes to holding an Israel accountable,” according to the network.
Campaign by supporters of Israel to fight the boycott movement (BDS) in America
