Many lawmakers are now facing criticism for sponsoring the Israel Anti-Boycott Act. Known as S. 720 and H.R. 1697 in their respective legislative chambers, the bill would legally penalize those who support the Boycott, Divestment, and Sanctions movement against Israel.
First Amendment advocates such as the American Civil Liberties Union see this proposal as a direct violation of free speech and the right to protest. The legal advocacy organization sent a letter to the House of Representatives urging members to oppose the legislation on July 17. In their message, the ACLU said H.R. 1697 has significant “constitutional infirmities” because it punishes people for “no reason other than their political beliefs”.
According to the Intercept, the Israel Anti-Boycott Act has a minimum civil penalty of $250,000 and a maximum criminal penalty of $1 million plus 20 years in prison for those who attempt to boycott Israel for their occupation of Palestinian territory. The legislation has 46 Senate cosponsors and 249 House cosponsors as of Aug. 2.
“Even if the bill could be interpreted more narrowly,” the ACLU wrote in a separate article, “its broad language could still chill protected expression by scaring people into self-censorship.”
Senator Kirsten Gillibrand (D-N.Y.), who had co-sponsored the bill in July, said Monday that she “will not support it in its current form”. She came out against the bill during a town hall event in Flushing, New York. Gillibrand described having a meeting with the ACLU and agreed that its implication on free speech “leaves the bill as ambiguous”, reported The Observer.
Democrats such as Representative Joe Kennedy III (D-Mass.) and Senator Richard Blumenthal (D-Conn.) have backpedaled on their support. The Intercept reported that Kennedy is taking a new look at the bill and Blumenthal said the ACLU had “legitimate concerns” and that the bill “may need to be amended.”
On July 20, Senators Ben Cardin (D-Md.) and Rob Portman (R-Ohio), who authored the bill, wrote in a letter that the bill is “narrowly targeted at commercial activity”, not political speech against Israel. Cardin said criminal penalties were not intended and he is willing to clarify the legislation in response to the ACLU: “We don’t want to do anything to infringe freedom of speech.”
The text of S. 720 criminalizes actions “which have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel” and states Congress’ opposition to policies such as “actions to boycott, divest from, or sanction Israel.” The bill’s language raises many concerns for those wanting a two-state solution for the Palestinian people.
