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February 10, 2023

More Than Two Centuries of Precedent Support Laws Protecting Israel from Boycotts

Conduct, not speech.

In response to the movement to boycott, divest from, and sanction Israel (BDS), a majority of U.S. states have enacted regulations preventing public institutions from doing business with companies or individuals who discriminate against Israel by refusing to do business with it. These laws do not prohibit anyone from choosing not to buy Israeli goods, but prohibit—for instance—public schools from hiring a food-service provider that boycotts Israel. To proponents of such measures, they are merely extensions of existing anti-discrimination legislation; to their opponents, they are a dangerous attack on freedom of expression, conscience, and contract.

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