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Dear -- ,We expect a vote soon on a bill that allows Congress a role in deciding what types of foreign policy activism aren’t protected by the First Amendment.The bill is called the Anti-Israel Boycott Act. An ACLU legal analysis opposing the legislation points out that the bill would “lead to new regulations imposing civil and criminal penalties for supporting” a boycott of companies doing business in Israel and the occupied territories.[1] Can you write today and tell Congress that they don't get to pick and choose when U.S. activists get to exercise their First Amendment rights?From boycotts of British goods during the struggle for U.S. independence, to Gandhi’s boycotts against colonial institutions in India, to the boycotts during the Civil Rights Movement, boycotts have been a powerful political tool for centuries. The Supreme Court has recognized this type of activity is protected under the First Amendment. This bill is especially pernicious because it is intended to support and protect businesses operating in the illegal settlements in the occupied territories. Human rights groups including Amnesty International and Human Rights Watch have long said that businesses in the settlement areas have fueled Israel’s violations of Palestinian rights.[2] Based on the language of the legislation it is clear that one goal of the bill is to make sure that U.S. businesses and nonprofits do not participate in the U.N. Human Rights Council’s effort to encourage boycotts of settlement businesses.[3] What happens if the bill becomes law? It’s hard to say. The bill’s sponsors argue that they aren’t out to penalize individuals for “noncommercial speech.” But since the bill criminalizes any US persons who “comply with, further, or support” certain boycotts and gives enforcement power to the Trump administration, it’s hard to know who the targets are. Write now to tell Congress you are not comfortable giving the Trump administration power to criminalize political action and political speech.Churches, schools, and other nonprofits are the types of organizations most likely to engage in politically motivated boycotts like potential boycotts of settlement goods. These not-for-profit organizations could be penalized for participating economically in boycotts. Leaders within those communities could be found to be breaking the law if boycotts are adopted. Regardless of how it is enforced, the law is clearly an effort to curtail First Amendment activity through intimidation. Please write today. Tell your members of Congress that you want the freedom to choose what political campaigns to participate in. Tell them it’s not Congress’ job to constrain your First Amendment rights.Thank you for all that you do for peace, Sincerely,Jon Rainwater
Executive Director
Peace Action
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