All posts tagged: BDS

Are Anti-BDS Laws an Assault on Free Speech?

Last month, Senator Marco Rubio introduced the “Combating BDS Act”—“S.1,” for short—which, if passed, would enshrine the right of state and local governments to boycott companies that boycott Israel. “The purpose of this law is to say…that we, Congress, are giving the states permission to do this,” David Bernstein told Vox, clarifying that under S.1 a state could forbid government contracting with such companies and not risk legal trouble because of it. (Since federal law supersedes state law, and Congress controls foreign policy, courts could theoretically argue local antiboycott laws violate the constitution because Congress has not officially sanctioned them. S.1 would change that.) The act came hot on the heels of a report by The Intercept that a Texas speech pathologist had lost her job after she refused to sign a pro-Israel “loyalty oath”—allegedly a condition of employment in 26 states, with similar laws pending in another 13. This, of course, was somewhat exaggerated. Though several states do restrict contractors, including sole proprietorships, from boycotting Israel, nowhere is support for BDS criminalized, much less …