The new 116th US Congress has much work to do: ending a two-week partial government shutdown, passing bills on healthcare, infrastructure and deciding whether to impeach President Donald Trump on perceived charges of obstruction of justice. However, the House of Representatives should put one more item on its to-do list: annulling a law that states that American citizens must promise not to boycott Israel or else be fired from their job.
One recent axing happened to a child language specialist in Texas who was told she could no longer work for her school which provides support for Arabic-speaking children after refusing to sign an oath promising that she “will not” boycott Israel.
This new job requirement is the result of an anti-Boycott, Divestments and Sanctions bill that the Texas governor signed in May rendering it illegal for Texas government groups to contract with companies that boycott Israel. This law is not restricted to Texas. Since 2014, 102 laws have been passed across 26 states which, in some form or other, prohibit American citizens from participating in BDS activity. And more and more states are poised to enact similar censorship schemes. As it stands, many American citizens are now officially barred from supporting a boycott of Israel without incurring some form of sanction or limitation imposed by their state. It is clear that the large number of laws being passed and considered around the US prohibiting participation in the BDS movement is unconstitutional. It is a deep violation of some of the most fundamental protections guaranteed by the US constitution, namely the First Amendment’s promise of freedom of speech and demonstration.
The bill is not only unconstitutional but also ludicrous. Some victims of Hurricane Harvey, which devastated Southwest Texas in late 2017, were told they could only receive state disaster relief if they first signed a pledge never to boycott Israel. In desperate need of help, they could not comprehend – in that moment of dire need - what their views of Palestine and Israel had to do with their ability to receive assistance from their state government.
Various forms of Israel loyalty oath requirements in the US should be tackled by Congress whose new members include Ilhan Omar and Rashida Tlaib, the first two Muslim women to serve in the House of Representatives and who explicitly support a reversal of the law. They, like the BDS movement, are fighting for the freedom, justice and equality of Palestinians by putting non-violent pressure on Israel through the boycott of Israeli-made goods and academic and cultural events, pressuring companies to divest from Israel and calling for international sanctions on Israel to force the country to comply with international law and end the occupation of Palestinian lands. Boycotting Israel to stop its occupation is a global political movement modeled on the 1980s boycott aimed at South Africa that helped end that country’s system of racial apartheid.
For more than a decade, people in the US and elsewhere concerned about Israel’s treatment of Palestinians have come together as part of the BDS movement. As was the aim with South Africa, the activist strategy against Israel is meant to apply economic pressure to encourage meaningful political change. But this anti-BDS bill’s purpose is to ensure that no public funds ever go to anyone who supports a boycott of Israel. It is an attack on core free speech rights, one that would punish individuals for no reason other than their political beliefs. The new Congress should address this matter by passing legislation which explicitly forbids laws that restrict freedom of speech or include oaths to foreign nations and companies. For a citizen to suffer criminal financial penalties if found to be participating in or even advocating for a boycott of Israel is un-American. A US law undertaken specifically to protect the Israeli government from criticism and activism is simply wrong.
