New Resource on the Right to Boycott

interactive MAP tracking anti-bds legislation / legislation.palestinelegal.org

Palestine Legal recently published a new two-page resource on anti-BDS legislation and the right to boycott. At a time when the right to boycott is under attack from rightwing lawmakers, and the Supreme Court is considering weighing in on the constitutionality of these laws, this new resource aims to provide advocates with information and tools to bolster our rights to protest and dissent.

As campaigns to boycott and divest from entities complicit in Israel's human rights abuses have gained momentum in the United States, Israel and its allies have sought to undermine these accountability efforts. Since 2014, U.S. lawmakers have introduced over 200 bills targeting boycotts for Palestinian rights. Though only a fraction of these bills passed, due in part to strong grassroots and civil liberties opposition, more than 30 states currently have anti-BDS laws on the books.

In October, on behalf of the Arkansas Times, the ACLU urged the U.S. Supreme Court to overturn the Eighth Circuit’s decision upholding Arkansas’ anti-BDS law, which requires state contractors to pledge not to boycott Israel.

Supreme Court precedent makes clear that boycotts for justice are protected under the First Amendment. The Arkansas Times case offers the Court an opportunity to affirm longstanding history and precedent and to recognize the political expression at the core of the act of boycotting, including boycotts in support of Palestinian rights.

The Supreme Court’s action is even more critical given that anti-BDS laws have become a template to attack other movements and the right to boycott more broadly. Several states have passed anti-boycott laws modeled after anti-BDS laws that target climate justice and gun control movements among others. ALEC, a racist, rightwing legislative coalition comprised of conservative lawmakers and corporate interests, has drafted a model bill aimed at eliminating political boycotts, similar to the model anti-BDS bill that ALEC introduced in 2015. 

“Legislation targeting boycotts for Palestinian rights has paved the way for anti-boycott laws targeting other social justice movements,” said Senior Staff Attorney, Meera Shah. “Anyone interested in seeking social, political, or economic change and protecting our right to dissent should be challenging these anti-BDS measures.”

This new resource is intended for advocates pushing back against anti-boycott measures. It also aims to centralize resources and links available on Palestine Legal’s Legislation site, which include critical context on the forces behind these anti-boycott bills, legal analysis, and additional background on efforts to criminalize dissent across justice movements.

Download and print the resource as a hard copy here, or view and share online here!

Learn More and Get Involved:

  • Read more about legislative attacks on the movement for Palestinian freedom at our legislation site.

  • Connect with a coalition fighting anti-BDS laws in your state.