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Monday, July 24, 2017

U.S. Lawmakers Seek to Criminally Outlaw Support for Boycott Campaign Against Israel


THE CRIMINALIZATION OF political speech and activism against Israel has become one of the gravest threats to free speech in the West. In France, activists have been arrested and prosecuted for wearing T-shirts advocating a boycott of Israel. The U.K. has enacted a series of measures designed to outlaw such activism. In the U.S., governors compete with one another over who can implement the most extreme regulations to bar businesses from participating in any boycotts aimed even at Israeli settlements, which the world regards as illegal. On U.S. campuses, punishment of pro-Palestinian students for expressing criticisms of Israel is so commonplace that the Center for Constitutional Rights refers to it as “the Palestine Exception” to free speech.
But now, a group of 43 senators — 29 Republicans and 14 Democrats — wants to implement a law that would make it a felony for Americans to support the international boycott against Israel, which was launched in protest of that country’s decades-old occupation of Palestine. The two primary sponsors of the bill are Democrat Ben Cardin of Maryland and Republican Rob Portman of Ohio. Perhaps the most shocking aspect is the punishment: Anyone guilty of violating the prohibitions will face a minimum civil penalty of $250,000 and a maximum criminal penalty of $1 million and 20 years in prison.
The proposed measure, called the Israel Anti-Boycott Act (S. 720), was introduced by Cardin on March 23. The Jewish Telegraphic Agency reportsthat the bill “was drafted with the assistance of the American Israel Public Affairs Committee.” Indeed, AIPAC, in its 2017 lobbying agenda, identified passage of this bill as one of its top lobbying priorities for the year:

The bill’s co-sponsors include the senior Democrat in Washington, Minority Leader Chuck Schumer, his New York colleague Kirsten Gillibrand, and several of the Senate’s more liberal members, such as Ron Wyden of Oregon, Richard Blumenthal of Connecticut, and Maria Cantwell of Washington. Illustrating the bipartisanship that AIPAC typically summons, it also includes several of the most right-wing senators such as Ted Cruz of Texas, Ben Sasse of Nebraska, and Marco Rubio of Florida.
[Update – July 20, 2017: Glen Caplin, senior advisor to Gillibrand, sends along the following statement: “We have a different read of the specific bill language, however, due to the ACLU’s concerns, the Senator has extended an invitation to them to meet with her and discuss their concerns.”]
A similar measure was introduced in the House on the same date by two Republicans and one Democrat. It has already amassed 234 co-sponsors: 63 Democrats and 174 Republicans. As in the Senate, AIPAC has assembled an impressive ideological diversity among supporters, predictably including many of the most right-wing House members — Jason Chaffetz, Liz Cheney, Peter King — along with the second-ranking Democrat in the House, Steny Hoyer.
Among the co-sponsors of the bill are several of the politicians who have become political celebrities by positioning themselves as media leaders of the anti-Trump #Resistance, including three California House members who have become heroes to Democrats and staples of the cable news circuit: Ted Lieu, Adam Schiff, and Eric Swalwell. These politicians, who have built a wide public following by posturing as opponents of authoritarianism, are sponsoring one of the most oppressive and authoritarian bills that has pended before Congress in quite some time.

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