The First Amendment Is Under Serious Assault In Order To Stifle Anti-Israel Boycotts

Authored by Mike Krieger via Liberty Blitzkrieg blog,

Assaults on freedom speech can be found in many aspects of American life these days, but one specific area that isn’t getting the attention it deserves relates to boycotts against Israel.

Increasingly, we’re seeing various regional governments requiring citizens to agree to what essentially amounts to a loyalty pledge to a foreign government in order to participate in or receive government services.

I’m going to highlight two troubling examples of this, both covered by Israeli paper Haaretz. The first relates to Kansas.

From the article, In America, the Right to Boycott Israel Is Under Threat:

The 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…

 

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.

 

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.

If this was the only example of such behavior, I suppose we could dismiss it as a one-off, misguided directive. Unfortunately, this sort of thing is far more common than any of us would like to admit.

Here’s another recent example, from the article, Houston Suburb Won’t Give Hurricane Relief to Anyone Who Boycotts Israel:

A Houston suburb will not approve grants to repair homes or businesses damaged in Hurricane Harvey if the applicant supports boycotting Israel.

 

The city of Dickinson’s application form for storm damage repair funding includes a clause stating that “By executing this Agreement below, the Applicant verifies that the Applicant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement.”

No other clauses about political affiliations or beliefs are included in the form.

 

The state of Texas passed a law in May banning state entities from contracting with businesses that boycott Israel. The law, one of 21 passed in states around the country in the past few years, has been criticized by the American Civil Liberties Union as unconstitutional.

This is totally insane. I don’t care what you think about Israel, the above is completely unacceptable in a free society and we should all be making a stink about it. Please share with friends and family.

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Israeli Collective Punishment and Cold-Blooded Murder

[image: loonwatch]During 15 days of attacks on Palestinian Al-Aqsa mosque worshipers, Israeli security forces committed 15 extrajudicial killings throughout the territories, around 1,400 others injured, some seriously, scores requiring hospitalization.

Collective punishment Israel imposes is prohibited under international law, including actions violating religious rights, free expression, assembly and movement, the right to privacy and self-determination.

During the 15-day period, scores of Palestinians were arrested, including 30 children – most arrests occurring in Jerusalem’s Old City, at Al-Aqsa’s Lion’s Gate, as well as in East Jerusalem’s Al-Tur and Al-Issawiya areas.

Palestinian political leaders and activists were targeted, 15 individuals lawlessly arrested. Later released, they’re barred from entering Al-Aqsa, speaking publicly, demonstrating or giving media interviews – violations of their fundamental rights.

Children arrested were harshly treated. They were beaten or otherwise mistreated, some because of their Facebook posts.

Article 37 (b) of the Convention on the Rights of the Child states:

“No one is allowed to punish children in a cruel or harmful way. Children who break the law should not be treated cruelly.”

“They should not be put in prison with adults, should be able to keep in contact with their families, and should not be sentenced to death or life imprisonment without possibility of release.”

They should not be arbitrarily detained or denied their liberty. Detention should be a last resort and only for short duration.

During 15 days of defiling Al-Aqsa, Israeli security forces assaulted and arrested 30 journalists for doing their jobs, their equipment confiscated, according to the Palestinian Media Forum (PMF). Israel wants its high crimes suppressed.

On Saturday, regime security forces stormed PMF’s West Bank offices. They raided al-Quds satellite channel’s office and Pal Media headquarters, seizing equipment and documents, damaging the facilities.

Daily use of rubber-coated steel bullets, at times live fire, stun grenades, toxic tear gas, pepper spray, chemically-treated skunk water, and brutal beatings violated international and Israeli civil laws. So is use of lethal force against demonstrators.

Israeli forces stormed Al-Maqassed hospital, using tear gas and stun grenades. Intensive care and emergency area medical staff were assaulted.

Severely wounded Muhammad Abu Ghannam was abducted. He died for lack of treatment. The hospital became a virtual war zone, people screaming, blood on floors and walls.

Palestinians lawlessly arrested included women, children, students, the elderly and Palestinian Legislative Council members. Israeli forces brutalized and otherwise mistreated them.

Palestinians’ long nightmare continues, including daily Israeli raids, assaults, abductions and other forms of brutality.

On Sunday, dozens of heavily protected extremist settlers desecrated Al-Aqsa compound by their unwelcome presence.

Mosque guards and staff were abusively searched before allowed in, at least one lawless arrest made.

Extremist MK Yehuda Glick announced he and scores of others provocatively intended to visit the compound on Sunday, defiling it by their presence.

US Lawmakers Support Bill That Would Make it Illegal to Boycott Goods and Services from Israel

Content originally published at iBankCoin.com

The Israel Anti-Boycott Act, sponsored by Sen. Cardin, supported by 45 Senators and 237 congressmen, will criminalize the boycott of goods and services from the state of Israel.

Source: Congress.gov

If American citizens happen to defy this law, if approved, they will be fined a minimum of $250,000, and a maximum of $1 million plus 20 years in prison, designated for persons "engaged in interstate or foreign commerce."

The bill is said to be purposed to countermand a potential UN resolution that will prevent trade with East Jerusalem, the West Bank, and the Golan Heights. The idea behind the bill would be to prevent any American from joining the fray.

The ACLU takes exception to the bill, saying it"s a direct violation of the First Amendment.

“In short, the bill would punish businesses and individuals solely based on their point of view,” it wrote. “Such a penalty is in direct violation of the First Amendment.”

 
The bill, rumored to have been written by the American Israel Public Affairs Committee (AIPAC), has garnered widespread bipartisan support. Finally, Congress has found something they could agree on.

Here you can see an AIPAC infographic highlighting this bill as part of their top lobbying priorities for 2017.

Thus far, 45 US Senators and 237 congressmen (63 dems, 174 republitards) support the measure.

The ACLU is actively lobbying opposition to this bill. Thus far, zero lawmakers have sided with them.

Amusingly, the sponsor of this bill, Senator Cardin, doesn"t seem to know anything about the bill, when approached by a reporter at The Intercept.

The Intercept weighs in on the potential penalties that will be imposed on American citizens if passed.
 

That’s because, as Josh Ruebner expertly detailed when the bill was first unveiled, “the bill seeks to amend two laws — the Export Administration Act of 1979 and the Export-Import Bank Act of 1945,” and “the potential penalties for violating this bill are steep: a minimum $250,000 civil penalty and a maximum criminal penalty of $1 million and 20 years imprisonment, as stipulated in the International Emergency Economic Powers Act.”
 
Indeed, to see how serious the penalties are, and how clear it is that those penalties are imposed by this bill, one can just compare the bill’s text in Section 8(a), which provides that violators will be “fined in accordance with Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705),” to the penalty provisions of that law, which state:

 

That the bill refers to the fine, but not the prison sentence, is not enough to prevent a judge from applying the statute’s prison term, because the bill brings the statute into play, said Faiz Shakir, the ACLU’s political director, who authored the letter to the Senate. “The referral to the statute keeps criminal penalties in play, regardless of what their preference for punishment might be,” said Shakir.
 
The bill also extends the current prohibition on participating in boycotts sponsored by foreign governments to cover boycotts from international organizations such as the U.N. and the European Union. It also explicitly extends the boycott ban from Israel generally to any parts of Israel, including the settlements. For that reason, Ruebner explains, the bill — by design — would outlaw “campaigns by the Palestine solidarity movement to pressure corporations to cut ties to Israel or even with Israeli settlements.”

 
Back in March, the State of Israel banned any persons from entering the country who supported the boycott of goods and services from Israel. However, unlike the American version of the bill, the bill does not apply to citizen of Israel or those with permanent residency.
 

Late Monday the Israeli parliament passed the bill 46 to 28 opposed. The ban will target individuals who publicly call for a boycott of Israel or Israeli goods, including goods made in West Bank or East Jerusalem settlements, which the majority of the international community considers to be illegal under international law. The law will allow exceptions and will not apply to Israeli citizens or those with permanent residency.
 
“In recent years calls to boycott Israel have been growing,” a statement on the Israeli parliament website said after the bill’s approval. “It seems this is a new front in the war against Israel, which until now the country had not prepared for properly.”

 
It"s worth mentioning, Sen. Cardin is one of dozens of US lawmakers who hold dual Israeli-American citizenships. Perhaps since we"re all so concerned about foreign meddling into our affairs, we should shed a light on all foreign meddling, not just Russian.

Here are the Senators who support the bill.

Sen. Portman, Rob [R-OH]* 03/23/2017
Sen. Nelson, Bill [D-FL] 03/27/2017
Sen. Rubio, Marco [R-FL] 03/27/2017
Sen. Menendez, Robert [D-NJ] 03/27/2017
Sen. Collins, Susan M. [R-ME] 03/27/2017
Sen. Blumenthal, Richard [D-CT] 03/27/2017
Sen. Graham, Lindsey [R-SC] 03/28/2017
Sen. Young, Todd C. [R-IN] 03/28/2017
Sen. Boozman, John [R-AR] 03/28/2017
Sen. Isakson, Johnny [R-GA] 03/28/2017
Sen. Peters, Gary C. [D-MI] 03/28/2017
Sen. Hatch, Orrin G. [R-UT] 03/30/2017
Sen. Perdue, David [R-GA] 03/30/2017
Sen. Roberts, Pat [R-KS] 03/30/2017
Sen. Wicker, Roger F. [R-MS] 03/30/2017
Sen. Hoeven, John [R-ND] 04/04/2017
Sen. Cornyn, John [R-TX] 04/04/2017
Sen. Fischer, Deb [R-NE] 04/04/2017
Sen. Heller, Dean [R-NV] 04/24/2017
Sen. Moran, Jerry [R-KS] 04/24/2017
Sen. Crapo, Mike [R-ID] 04/24/2017
Sen. Cantwell, Maria [D-WA] 04/24/2017
Sen. Grassley, Chuck [R-IA] 04/25/2017
Sen. Capito, Shelley Moore [R-WV] 04/26/2017
Sen. Schumer, Charles E. [D-NY] 05/01/2017
Sen. Ernst, Joni [R-IA] 05/01/2017
Sen. Hassan, Margaret Wood [D-NH] 05/08/2017
Sen. Gillibrand, Kirsten E. [D-NY] 05/09/2017
Sen. Lankford, James [R-OK] 05/16/2017
Sen. Burr, Richard [R-NC] 05/17/2017
Sen. Donnelly, Joe [D-IN] 05/23/2017
Sen. Scott, Tim [R-SC] 05/25/2017
Sen. Cruz, Ted [R-TX] 06/05/2017
Sen. Manchin, Joe, III [D-WV] 06/05/2017
Sen. Strange, Luther [R-AL] 06/05/2017
Sen. McCaskill, Claire [D-MO] 06/06/2017
Sen. Thune, John [R-SD] 06/12/2017
Sen. Wyden, Ron [D-OR] 06/12/2017
Sen. Sasse, Ben [R-NE] 06/15/2017
Sen. Coons, Christopher A. [D-DE] 06/26/2017
Sen. Bennet, Michael F. [D-CO] 07/12/2017
Sen. Sullivan, Dan [R-AK] 07/12/2017
Sen. Cassidy, Bill [R-LA] 07/18/2017
Sen. Tillis, Thom [R-NC] 07/19/2017
Sen. Cotton, Tom [R-AR] 07/19/2017