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Opinion In America, the Right to Boycott Israel Is Under Threat. This Is Why That's Cause for Concern

McCarthy era anti-Communist loyalty tests have been relegated to the dustbin of history. The same must apply to government requests that employees certify they're not engaged in a boycott of Israel

he First Amendment squarely protects the right to boycott. Lately, though, a legislative assault on that right has been spreading through the United States –  designed to stamp out constitutionally protected boycotts of Israel.
In a landmark decision from 1982, the Supreme Court ruled that an NAACP boycott of white-owned businesses in Mississippi, to protest segregation and racial injustice, was a protected form of free association and free expression. As the court recognized, political boycotts empower individuals to collectively express their dissatisfaction with the status quo and advocate for political, social, and economic change. These are precisely the freedoms the Constitution is meant to protect. Yet over the past several years, state and federal legislatures have considered dozens of bills, and in some cases passed laws, in direct violation of this important ruling.

These bills and laws vary in numerous respects, but they share a common goal of scaring people away people from participating in boycotts meant to protest Israeli government policies, including what are known as Boycott, Divestment, and Sanctions (BDS) campaigns.

Today, the ACLU filed a lawsuit challenging one of those laws — a Kansas statute requiring state contractors to sign a statement certifying that they do not boycott Israel, including boycotts of companies profiting off settlements in the occupied Palestinian territories.
People have very strong feelings on all sides of this issue. The ACLU takes no position for or against campaigns to boycott Israel or any other foreign country, but we have long defended the right to participate in political boycotts. We must do so again.

We are representing a veteran math teacher and trainer from Kansas who was told she would need to sign the certification statement in order to participate in a state program training other math teachers. Our client is a member of the Mennonite Church USA. In response to calls for boycott by the church and members of her congregation, she has decided not to buy consumer goods and services offered by Israeli companies and international companies operating in Israeli settlements in the occupied Palestinian territories. Our client is boycotting to protest the Israeli government’s treatment of Palestinians and to pressure the government to change its policies.

Earlier this year, our client was selected to participate as a contractor in a statewide training program run by the Kansas Department of Education. She was excited to use her skills to help train math teachers throughout the state, but when she was presented with a form requiring her to certify that she "is not currently engaged in a boycott of Israel," she told the state that she could not sign the form in good conscience. As a result, the state refuses to let her participate in the program.
Kansas’s law, and others like it, violates the Constitution. The First Amendment prohibits the government from suppressing one side of a public debate. That means it cannot impose ideological litmus tests or loyalty oaths as a condition on hiring or contracting.
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Opinion In America the Right to Boycott Israel Is Under Threat. This Is Why Thats Cause for Concern

Tags: #BDS


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Video of the Week: Recent Israel History Miko Peled

Transcription made from The Miko's Speeches




This is a beautiful church so once again thank you to the pastor for allowing us to use this is really beautiful and thank you all for being here tonight and and for caring enough to take the time and listen and participate and be active I always begin my remarks with a disclaimer and that disclaimer is this if anybody here came hoping to hear a balanced presentation then they're going to be sorely disappointed I say this because a lot of things that you're about to hear tonight are difficult to hear and also because I don't believe that a balanced presentation on this topic is possible anybody that cares enough to speak about this probably has a very strong opinion one way or the other almost everybody has feelings and strong emotions on this issue one way or the other for me it's deeply personal and the issue itself is not a balanced issue there is no balance in this issue so therefore I say this because there cannot be a balanced presentation on this and I think if anybody claims that their presentation is balanced they're either misleading themselves or the misleading of their audience this whole issue of Israel and Palestine is covered in so much myth and there's so much there's so much double standard when people talk about this issue and I'll give you two examples

Don't know if you heard Bibi Netanyahu speech at the United Nations I heard it not live but after he actually delivered it and he began and he began it with probably the two most striking examples of myth and double standard and he began by talking about the right of return of the Jews to their ancient homeland and of course the Jews that returned so-called returned to their homeland were not exactly the the same Jews who were expelled from their homeland right because these were expelled a couple of thousand years before that these were not their descendants either because they this is business has been a very long time so these are people the people that actually came back so to speak are people that claim some kind of a heritage some kind of a connection a relationship to the ancient Hebrews and they claimed that they had the right to return to their homeland and this was this is what Zionism was about and this is expected this was you know accepted by the world as the right they had the right to return now if we talk about the right of return of one nation you'd expect that there would be if we accept it as a principle than

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