An advocate must be free to stimulate his audience with spontaneous and emotional appeals for unity and action in a common cause. When such appeals do not incite lawless action, they must be regarded as protected speech. (NAACP v. Claiborne Hardware Co., 1982)
In contradiction to such sentiments, Sen. Maggie Hassan is co-sponsoring a Senate bill Israel Anti-Boycott Act (S.720/H.R.1697) that would make it a felony for Americans to support an international boycott against Israel.
Its a bill designed to strip Americans of constitutionally protected rights, a bill that targets supporters of the Palestinian Boycott, Divestment, Sanctions (BDS) movement that works to end international support for Israels oppression of Palestinians and pressure Israel to comply with international law.
Boycotts to achieve political goals, the American Civil Liberties Union (ACLU) has written, are a form of expression that the Supreme Court has ruled are protected by the First Amendments protections of freedom of speech, assembly and petition.
BDS is designed to give Palestinians and their supporters a nonviolent platform from which to resist occupation and illegal settlement activity, activity which the international community believes is a flagrant violation of international law without legal validity, activities condemned by innumerable U.N. resolutions from No. 242 to No. 2334 and the Fourth Geneva Convention.
In 2014, Nobel Peace laureate Bishop Desmond Tutu said: I have witnessed the systemic humiliation of Palestinian men, women and children by members of the Israeli security forces. Their humiliation is familiar to all black South Africans who were corralled and harassed and insulted and assaulted by the security forces of the apartheid government.
BDS is designed to empower Palestinians to resist that humiliation.
In response to (S.720/H.R.1697) the ACLU has written: The bill would amend those laws to bar U.S. persons from supporting boycotts against Israel, including its settlements in the Palestinian Occupied Territories, conducted by international governmental organizations, such as the United Nations and the European Union. It would also broaden the law to include penalties for simply requesting information about such boycotts. Violations would be subject to a maximum civil penalty of $250,000 and a maximum criminal penalty of $1 million and 20 years in prison. We take no position for or against the effort to boycott Israel or any foreign country, for that matter. However, we do assert that the government cannot, consistent with the First Amendment, punish U.S. persons based solely on their expressed political beliefs.
This bill would impose civil and criminal punishment on individuals solely because of their political beliefs about Israel and its policies.
I support BDS because its a nonviolent response that I recognize initiated by Palestinian civil society to the illegal occupation of Palestinian territory, to the oppression of Palestinians, to the continued incarceration of hundreds of Palestinians held under administrative detention without either indictment or trial.
BDS does not delegitimize Israel; it delegitimizes illegal occupation and oppression.
In April, BDS co-founder Omar Barghouti said, Twelve years ago, we were called romantic dreamers or worse. Today, our fast-growing movement is recognized as being so strong as to be fought by the full force of Israels regime of occupation, settler-colonialism and apartheid, and by its partners in crime.
Partners like members of the United State Congress whove aligned themselves with oligarchs and power brokers, partners who not only oppose BDS but who oppose making political and economic distinctions between Israel and occupied Palestinian territory.
I support BDS because I recognized, and supported, the boycott in South Africa that helped to strike down apartheid. I supported the Montgomery bus boycott and the Delano grape strike because I believe in justice.
Because I recognize that were called upon to resist oppression and occupation.
I recognize, too, that even when boycotts dont change anything, as in the anti-Nazi boycott of 1933 that did nothing to stop the harassment of German Jews, that its morally necessary to act.
As Rabbi Stephen S. Wise of the American Jewish Congress said at the time, We must speak out, and If that is unavailing, at least we shall have spoken.
BDS is working.
In 2016, the EU, along with Sweden, Ireland and the Netherlands, affirmed the right to support BDS as protected by freedom of speech and freedom of association.
Last month the Spanish parliament unanimously passed a motion affirming the right to advocate for BDS as protected by freedom of speech and freedom of association.
BDS is working.
BDS supporters know its working because of the scale of resources its opponents are devoting to delegitimize and criminalize the nonviolent movement including getting members of Congress to emasculate the First Amendment.
I know BDS is controversial. Some of my dearest friends dont support it at all; others want BDS to apply only to the occupied territories.
I get that, and support their choice.
However, those friends and I do agree that the Israel Anti-Boycott Act is unjust and is a blatant attempt to dissuade American supporters of Palestinian freedom and justice from engaging in protected political speech and action.
Resisting violence is easy. Use greater violence and destroy, imprison and emasculate the enemy. If they resist, hit them harder.
Resisting nonviolence is harder you cant bomb non-violent resisters into submission.
So, to counter BDSs nonviolent philosophy, Israels calling upon America to violently defile existential imperatives and collude in squelching First Amendment rights.
Pay attention: (S.720/H.R.1697) aligns America with governments that choose to deal with dissent and protest by limiting freedoms and speech governments like Poland, Russia, Turkey, Israel and Egypt.
Were not like them. Were better than that.
Pay attention: If speech can be criminalized in order to oppress Palestinians then it could as easily be used against any other group that displease the government or oligarchs in the future.
Pay attention: Last week Vice President Mike Pence said, America stands shoulder-to-shoulder with Israel, as together we confront those enemies who threaten our people, our freedom and our very way of life.
What he, and Hassan, fail to recognize is that those who threaten our people, our freedom, and our very way of life is us that were in danger of becoming our enemy.
Let us speak out: If that is unavailing, at least we shall have spoken.
(Robert Azzi is a photographer and writer who lives in Exeter. He can be reached at theother.azzi@gmail.com and his columns are archived at theotherazzi.wordpress.com.)
More here:
Robert Azzi: Congress assails First Amendment, BDS, Palestinians ... - Concord Monitor
- College sued for stopping students from handing out Constitution - April 26th, 2014 [April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony - April 26th, 2014 [April 26th, 2014]
- China toughens environment law to target polluters - April 26th, 2014 [April 26th, 2014]
- 1st Amendment - Laws - April 26th, 2014 [April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video - April 26th, 2014 [April 26th, 2014]
- Supreme Court Preview/Review #2 - Video - April 26th, 2014 [April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video - April 26th, 2014 [April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video - April 26th, 2014 [April 26th, 2014]
- Political Correctness vs First Amendment - Video - April 26th, 2014 [April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video - April 26th, 2014 [April 26th, 2014]
- The First Amendment - Video - April 26th, 2014 [April 26th, 2014]
- [USA] First Amendment abused - Video - April 27th, 2014 [April 27th, 2014]
- Cliven Bundy and the First Amendment - Video - April 27th, 2014 [April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video - April 27th, 2014 [April 27th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video - April 27th, 2014 [April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video - April 27th, 2014 [April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech - April 28th, 2014 [April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video - April 28th, 2014 [April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video - April 28th, 2014 [April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage - April 29th, 2014 [April 29th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns - April 29th, 2014 [April 29th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights - April 29th, 2014 [April 29th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes - April 29th, 2014 [April 29th, 2014]
- PBL in Journalism I, 2014 - Video - April 29th, 2014 [April 29th, 2014]
- John Dukes on First Amendment - Video - April 29th, 2014 [April 29th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. - April 30th, 2014 [April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding - May 1st, 2014 [May 1st, 2014]
- What happened to Sterling was morally wrong - May 1st, 2014 [May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution - May 1st, 2014 [May 1st, 2014]
- Donald Sterling is my HERO - Video - May 1st, 2014 [May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video - May 1st, 2014 [May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video - May 1st, 2014 [May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video - May 1st, 2014 [May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video - May 1st, 2014 [May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video - May 1st, 2014 [May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment - May 1st, 2014 [May 1st, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial - May 1st, 2014 [May 1st, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video - May 1st, 2014 [May 1st, 2014]
- First Amendment common sense - May 2nd, 2014 [May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video - May 3rd, 2014 [May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video - May 3rd, 2014 [May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment - May 4th, 2014 [May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment - May 4th, 2014 [May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment - May 4th, 2014 [May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video - May 4th, 2014 [May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video - May 4th, 2014 [May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video - May 4th, 2014 [May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video - May 4th, 2014 [May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video - May 5th, 2014 [May 5th, 2014]
- Endangered Speeches - Video - May 5th, 2014 [May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video - May 6th, 2014 [May 6th, 2014]
- first amendment rights - Video - May 6th, 2014 [May 6th, 2014]
- News media challenges ban on journalism drones - May 6th, 2014 [May 6th, 2014]
- WHAT FIRST AMENDMENT - Video - May 6th, 2014 [May 6th, 2014]
- Letter: First Amendment rights trampled - May 8th, 2014 [May 8th, 2014]
- News outlets say US drone ban breaches First Amendment - May 8th, 2014 [May 8th, 2014]
- Chucking the First Amendment: Schumers cranky scheme - May 8th, 2014 [May 8th, 2014]
- Screw the First Amendment | We cant let people pray? - Video - May 8th, 2014 [May 8th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video - May 8th, 2014 [May 8th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video - May 9th, 2014 [May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video - May 9th, 2014 [May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video - May 9th, 2014 [May 9th, 2014]
- Charles "Chip" Babcock on Campaign Finance and the First Amendment - Video - May 9th, 2014 [May 9th, 2014]
- A First Amendment attack on Assembly... in George Washington - May 9th, 2014 [May 9th, 2014]
- SUPREME STUPIDITY Kills The First Amendment - RIP Separation of Church & State (1787-2014) - Video - May 10th, 2014 [May 10th, 2014]
- FBI Agents Harass Photographer: First Amendment Test - Video - May 10th, 2014 [May 10th, 2014]
- History Project: First Amendment. - Video - May 10th, 2014 [May 10th, 2014]
- SDG&E Challenges The First Amendment and Loses - Video - May 11th, 2014 [May 11th, 2014]
- Richmond City Council Uses Tricks to Undermine First Amendment - Video - May 11th, 2014 [May 11th, 2014]
- Their opinion: Disagreeing on the First Amendment - May 12th, 2014 [May 12th, 2014]
- The Clash Between the First Amendment and National Security in Times of War Symposium - Video - May 12th, 2014 [May 12th, 2014]
- City Charter amendment passes 581-556 - May 15th, 2014 [May 15th, 2014]
- David Allen Legal Tuesday: Flashing Automobile Lights and the First Amendment - Video - May 15th, 2014 [May 15th, 2014]
- Senator Chuck Schumer is against the First Amendment then and now - Video - May 15th, 2014 [May 15th, 2014]
- Facebook SUCKS! - Video - May 15th, 2014 [May 15th, 2014]
- Dems threaten Kochs with a constitutional amendment - May 16th, 2014 [May 16th, 2014]
- Reid backs campaign spending limit - May 16th, 2014 [May 16th, 2014]
- Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible - Video - May 16th, 2014 [May 16th, 2014]
- 'Shutup,' they explained Crippling the First Amendment - May 18th, 2014 [May 18th, 2014]
- Reid Seeks To Change First Amendment To Stop Koch Brothers - Video - May 18th, 2014 [May 18th, 2014]