2016 may well be remembered as the year that Boycott, Divestment and Sanctions (BDS) movement targeting Israel finally died its death—in a clinical sense, at least.
Across the U.S., state legislatures are passing bills that will outlaw state authorities from investing public funds in, and entering into contracts with, companies and other entities that engage in a boycott of Israel. This doesn’t mean that engaging in a boycott of Israel is illegal, but for anyone who cares about their bottom line, the legislation should provide a powerful incentive against its adoption.
These anti-boycott bills should properly be seen as anti-discrimination measures, and welcomed on those grounds. No U.S. state should contract with entities that enforce discriminatory policies—and boycotting Israel in the expectation that doing so will contribute to the Jewish state’s demise is, by definition, an act of discrimination. Why should taxpayer funds subsidize such bigotry? Why should jobs and revenues be sacrificed in the promotion of hatred towards an entire nation?
As we’ve learned over several years, however, in the inverted world of the boycotters, this same hatred is regarded as love and this same discrimination is regarded as justified resistance. Hence the BDS movement’s depiction of the anti-boycott bills as a conspiracy of “special interests” aimed at crushing free speech for Palestinian advocates.
This is, of course, the sort of distortion that we have come to expect from the boycotters. The truth is that, unlike France, which in October 2015 determined that BDS, as a form of discrimination, is outlawed in speech and in action, in America the advocacy of a boycott of Israel remains protected speech. As the Lawfare Project pointed out in an incisive analysis of current objections to the anti-boycott bills, “Individual consumers, acting in their own individual capacities, cannot be punished for refusing to purchase Israeli products, regardless of motivation. Supporters of BDS are also free to stage protests, circulate petitions, and otherwise exercise their First Amendment rights to advocate for boycotts of Israel, Israeli goods, and Israeli persons.” Further, with regard to the specific allegation that the anti-boycott bills violate the First Amendment, the Lawfare Project counters that the statutory prohibitions apply only to business conduct that is discriminatory, and not “advocacy, picketing, or other forms of speech in furtherance of boycotting.”