IS THE ISRAELI BOYCOTT PROTECTED BY THE FIRST AMENDMENT?

We Can’t Say This

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Thanks to Israel’s new anti-boycott law, the boundaries of legitimate political expression have become suffocatingly tight. And this editorial may get us into trouble

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We could get in trouble for this. Not in New York City, where this editorial is being written, because legitimate comment is protected under the First Amendment. But our editorials, along with many other stories and columns in the Forward, also appear every Sunday in the English edition of the Haaretz newspaper in Israel. And now, with a new anti-boycott law approved by the Knesset and due to take effect in less than 90 days, the boundaries of free speech and legitimate expression have grown unpredictably and suffocatingly tight.

So, for example, if we say something like: We can understand why reasonable people could advocate a boycott of products made in Israeli settlements in the West Bank because those settlements are deemed illegal under international law and because a boycott is a peaceful way of expressing a moral concern — well, if we say something like that, we could be sued and held liable in civil court. And that court could award financial recompense to the plaintiff not according to actual damage done to his income if, for instance, we suggested that people refrain from buying his oranges or his facial cream, but according to what he thinks he might lose in the future.

Unpack this for a moment. We didn’t boycott, we just expressed sympathy in a way that could be seen as advocacy without taking the leap from speech to action. We didn’t target a product manufactured in Tel Aviv or Hadera or within the undisputed borders of Israel, or in any way seek to delegitimize the state. We surely didn’t advocate violence or express a destructive opinion about Israel or its government and leaders.

We simply said that promoting a boycott of goods from the occupied West Bank could be a legitimate form of political protest by those who love Israel and therefore wish to see her survive as a democratic Jewish state with borders that allow for a viable Palestinian state next door.

But it could get us in trouble.

Which is why we have stricken the potentially offending words. Just in case.

It may be that when the Israeli Supreme Court hears the inevitable legal challenge to the anti-boycott law, it will rule it unconstitutional and prove, again, that a democratic system of checks and balances exists in the Israeli polity. It may be that Prime Minister Benjamin Netanyahu — who stayed away from the impassioned Knesset debate on the bill, even though it was sponsored by a member of his own party — will signal his displeasure and work to get it repealed.

This, however, may all be wishful thinking. The Israeli government has to answer to its own people before it answers to Diaspora Jews, and the inability of a weak political opposition and a tepid public response to stop this disturbing new law could mean that it is actually what Israel wants. It may think putting limits on free speech and outlawing calls for boycott are the best way to counter its growing diplomatic isolation. After all, Israel is not the only country in its neighborhood to use drastic measures to curtail political protest, and the prospect of a civil case for damages contained in this new law is far more palatable than the punishments meted out by ruthless leaders elsewhere in the region.

Yet, comparing Israel to its struggling neighbors sets such a low standard of democratic performance that it hardly seems worth the trouble. The threat of “delegitimization” — real in some instances, overblown in many others — should be countered with forceful, positive action to solve real problems, not silence them. No attempt to threaten or censor can hide the fact that, for 44 years, Israel has ruled another people with its own legitimate, national aspirations, and it is in everyone’s interests, including those of the United States, to negotiate an end to this impasse.

The fear and frustration that prompted this new law are to be acknowledged, but they cannot justify such a dangerous move. Some boycotts are ruthless and discriminatory, true, but in other circumstances, a boycott can be a legitimate use of non-violent protest to achieve a worthy goal. A boycott of West Bank products could fall into the first category. It could also be seen as a noble attempt to effect change.

But we can’t say that.

An Editorial in The Forward

 

The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website.

9 Comments

  1. July 17, 2011 at 22:33

    […] IS THE ISRAELI BOYCOTT PROTECTED BY THE FIRST AMENDMENT? We could get in trouble for this. Not in New York City, where this editorial is being written, because legitimate comment is protected under the First Amendment. But our editorials, along with many other stories and columns in the Forward, also appear every Sunday in the English edition of the Haaretz newspaper in Israel. And now, with a new anti-boycott law approved by the Knesset and due to take effect in less than 90 days, the boundaries of free speech and legitimate expression have grown unpredictably and suffocatingly tight.  […]

  2. Dr Goldstein said,

    July 17, 2011 at 22:48

    Palestine has a right to exist !!! I want a Palestinian State, and heavily armed to protect against Israeli land-bandit terrorists.

    Until I see that become a reality, I must support the Boycott.

    As a Canadian I not only boycott Israel, but Amerika, and my own Canadian govt as well. “Made in China” or “Made in Japan” is fine with me.

  3. July 18, 2011 at 02:48

    […] IS THE ISRAELI BOYCOTT PROTECTED BY THE FIRST AMENDMENT? We could get in trouble for this. Not in New York City, where this editorial is being written, because legitimate comment is protected under the First Amendment. But our editorials, along with many other stories and columns in the Forward, also appear every Sunday in the English edition of the Haaretz newspaper in Israel. And now, with a new anti-boycott law approved by the Knesset and due to take effect in less than 90 days, the boundaries of free speech and legitimate expression have grown unpredictably and suffocatingly tight.     […]

  4. vad said,

    July 18, 2011 at 02:52

    You could be in hot water even without Haaretz. Israeli law is not limited to Israeli territory, and Israel has been known to enforce their justice worldwide.

  5. PatrickW said,

    July 18, 2011 at 03:46

    Actually, very few people even care what the israeli’s think anymore, or what happens to them as a result of their own government folly. In fact most people want to see their demise.

  6. July 18, 2011 at 05:26

    […] IS THE ISRAELI BOYCOTT PROTECTED BY THE FIRST AMENDMENT? […]

  7. Howard T. Lewis III said,

    July 18, 2011 at 08:02

    Did some stupid m___________ just say I can’t boycott Israel? What do they produce except Uzis and blood diamonds?

  8. Dr Goldstein said,

    July 18, 2011 at 11:40

    Hi Howard,

    Add human organs to your list. This sick demented Rabbi was “…peddling kidneys for a decade.”.

    http://www.theage.com.au/world/organ-trafficking-rabbis-arrested-over-massive-crime-ring-20090724-dv50.html

  9. Mike said,

    July 18, 2011 at 19:25

    Screw what the apartheid terrorist state of Israel has to say or think! I wouldn’t financially support those land stealing rats if there was a gun pointing at my head! Boycotting South African apartheid WORKED! So too will boycotting the apartheid terrorist state of Israel.


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