The
U.S. Congress is about to make at least one form of speech a felony,
thus driving another nail into the coffin of the First Amendment and
striking a blow against the fundamental right to free association.
The
bill in question is called the Israel Anti-Boycott Act (S. 720) in
the U.S. Senate and was introduced by Senator Ben Cardin, D-Maryland
on Mar. 23, but right now, with his Republican counterpart as primary
co-sponsor, Rob Portman, R-Ohio, there are 43 senators ready to
strike the most profound blow against citizens’ right to speak
out on an issue of concern to them, the occupation of Palestine and
oppression of Palestinians over the past half-century, and the
boycott, divestment, and sanction movement (BDS) that obviously is
gaining traction in many countries.
S.
720 would make it a felony to even support the international boycott
against Israel. If convicted, a person could face a $250,000 civil
penalty, a maximum $1 million penalty and 20 years in prison. This
for expressing support of the BDS movement. On the face of it, one
would only have to express support for BDS, perhaps sign a letter of
support for freeing Palestine, or demonstrating or rallying in
support of Palestinians, to be liable to arrest or indictment under
the bill, if it ever becomes law. The bill is broad enough to
include many other forms of support, let alone taking any action
against the Israeli occupation that’s lasted since the end of
World War II.
So
far, the Cardin-Portman bill has the support of 29 Republicans and 14
Democrats. Considering the power of the American Israel Public
Affairs Committee (AIPAC), which is reported to have assisted in the
writing of the anti-boycott bill, it’s no wonder that
politicians get in line to co-sponsor or support a bill that, on the
face of it, is unconstitutional. And, even though the bill’s
penalties hark back to earlier laws for its teeth, those laws still
stand. In some ways, it may be like a one-house bill that some
backbencher submits to show that he or she is working for the folks
back home. No matter, since the shot is fired by the politicians
against the bow of a movement that is gaining steam in many
countries. The politicians in question simply want to show fealty to
Israel under Benjamin Netanyahu and AIPAC. Their work in silencing
opposition to Israeli policies of apartheid is accomplished.
So
far, the following states have enacted their own versions of S.720:
Ohio, Florida, California, Alabama, Arizona, Colorado, Georgia,
Illinois, Kansas, Iowa, Indiana, Michigan, Minnesota, New Jersey,
Nevada, Texas, Rhode Island, Pennsylvania, and South Carolina. In
New York, as in a few other states, First Amendment activists
defeated the anti-BDS measures, but Governor Andrew Cuomo went around
that, by signing an anti-BDS executive order.
With
the rising alarm by Israel over the growth of the BDS movement, there
will be other states, even counties, that will pass, or attempt to
pass, legislation that will aim to stop that growth or stop the
movement altogether, although that’s not likely, since
Americans are generally quite fond of their First Amendment rights,
even though those rights have been whittled down over a generation or
two.
A rabbi from Jewish
Voice for Peace was not allowed this week to board a flight to Israel
at Dulles Airport outside of Washington, D.C., for a small interfaith
delegation to meet with Israeli and Palestinian peacemakers. Rabbi
Alissa Wise said, “But
when I went to check my bag, I learned that the Israeli authorities
had banned me and four others from entering the country—
Jewish, Muslim, and Christian faith leaders— placing
us under a travel ban…The
Israeli government is desperate to prevent anyone in the outside
world from speaking with Palestinians directly and amplifying their
stories.” She said that the delegation was not given any
documentation for the travel ban and was not told by the airline who
banned them.
The
willingness of senators who identify themselves as “liberals,”
Senate Minority Leader Chuck Schumer and his colleague Senator
Kirsten Gillibrand, both New York Democrats, joined some of their
hard-right fellows in sponsoring the anti-free-speech bill, shows the
power of AIPAC in the halls of both houses of Congress. And, they
have at their disposal three main ways to fight BDS: Blacklists of
individuals, non-profits, corporations who take action or support
BDS; pension fund divestment, in which state (or other) funds would
be required to divest from companies or other entities that boycott
or support BDS; and prohibiting any government contract money for any
group that supports BDS, including religious organizations that
provide day care, nursing home service, any health services that
routinely get government funding. If these measures were strictly
enforced, it would cause chaos in areas of public service, so again,
it may be just a warning shot by people like Governor Cuomo.
The
American Civil Liberties Union (ACLU) has entered the fray, by
sending a letter to all senators, reminding them of their duties to
protect First Amendment rights of all in the U.S. and that S.720 goes
a long way toward abrogating those rights. If such a bill were ever
enacted and enforced, it will signal yet another effort to speed up
the general decline in the ability of the people to exercise their
rights. Since it can never be repeated often enough, the First
Amendment states: “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press, or the right of
the people peaceably to assemble, and to petition the Government for
a redress of grievances.” Politicians like Schumer and
Gillibrand do not mind being in the company of their Right-Wing
colleagues, so they should be content to be called what they are,
neo-liberals, a shade more palatable than neo-conservatives.
In
the past two or three decades, when people have gathered in mass to
exercise their First Amendment rights, the militarized police have
herded the people into what has come to be described as “free
speech pens,” which are often placed away from the politician
or other person the people wanted to address. In this way, the
official or politician who needs to hear the voice of the people
often does not even know they are in the area. Silenced speech is
unconstitutional and, if more perverse acts like S.720 are introduced
or passed into law, it won’t be long before it is not just
“free speech pens” that will silence the people’s
voice, there will be more of the same.
As
Glenn Greenwald and Ryan Grim of the Intercept.com wrote recently:
This pernicious bill highlights many vital yet typically ignored
dynamics in Washington. First, journalists love to lament the lack of
bipartisanship in Washington, yet the very mention of the word
“Israel” causes most members of both parties to quickly
snap into line in a show of unanimity that would make the regime of
North Korea blush with envy. Even when virtually the entire world
condemns Israeli aggression, or declares settlements illegal, the
U.S. Congress — across party and ideological lines —
finds virtually complete harmony in uniting against the world
consensus and in defense of the Israeli government.”
JVP’s
Rabbi Wise, noting that the stakes are high, wrote this week: “The
ongoing blackout in Gaza and incredibly aggressive Israeli crackdown
on worshippers at Al Aqsa are extremely troubling situations that
aren’t getting the attention they deserve, even in progressive
circles.” She added, “It feels terrible to not be there
today, connecting with people on the ground and learning more deeply
what’s going on for them and how they are working for justice.
I also know this is a sign that we’re making progress, and that
our political vision of equality is seen as a threat to the Israeli
government. But we can’t allow governments— especially
those that stake a claim to democratic ideals— to trample
dissent.”
Indeed,
two countries that endlessly brag about their democracies and their
people’s democratic rights are the very ones that stand ready
to violate the U.S. Constitution’s Bill of Rights, whenever it
suits their political and economic interests. In “the only
democracy in the Middle East,” Palestinians have few, if any,
rights in Israel. And, in the U.S., the self-proclaimed center of
democracy in the world, the rights of the people are abrogated
anytime they get in the way of profits and the power of the political
and economic elite. Tough times lie ahead.
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