People are suddenly paying attention to laws in states quashing free speech critical of Israel.
What most people don’t know is that these laws are being used as a template for legislation quashing free speech on other topics.
A quick thread.
1/
I warned back in 2018 - U.S. Politicians Are Backing a Free Speech Exception for Israel — & Creating a Template for Broader Assault on the First Amendment.
medium.com/@LFriedman_FME…
I warned: "this template could be re-purposed to bar contracts with individuals or groups affiliated with or supportive of any political cause or organization...that the majority in a legislature or the occupant of a governor’s office deemed undesirable.”
3/
In 2021, this warning provided prescient. For example:
4/
In June 2021, Texas adopted a law barring state contracts with companies that boycott the oil and gas industry
capitol.texas.gov/BillLookup/His…
5/
In June 2021, Texas also adopted a law barring state contracts with companies that “discriminate against” the firearm and ammunitions industry
capitol.texas.gov/BillLookup/His…
6/
In May 2021, Oklahoma adopted a resolution saying the state should not enter into contracts with companies that boycott the oil and gas industries
oklegislature.gov/BillInfo.aspx?…
7/
As of May, legislation was pending in Ohio seeking to bar state contracts with companies that discriminate against the firearms and ammunition industries
legislature.ohio.gov/legislation/le…
8/
As of March 2021, legislation was pending in Missouri seeking to bar state contracts with companies the discriminate against the firearms & ammunition industries
senate.mo.gov/21info/BTS_Web…
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And in July, Louisiana passed a bill to bar state contracts with companies that “discriminate” against the firearms and ammunition industries (vetoed by the governor)
legis.la.gov/legis/BillInfo…
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These bills/laws unquestionably use the anti-boycott laws as a template. It is the same structure, much of the language is the same, similar blacklist requirement, similar certification requirement…
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And most tellingly, similar limitation on scope of the law, to apply to companies with 10 or more employees & contracts of $100k or more — a limitation crafted in direct response to court challenges of the anti-boycott laws.
End/
Final thought: As I noted in 2018:
“...lawmakers who support a free speech exception for Israel — whether for reasons of ideology or political expediency — run the risk of shoving the country down a very slippery slope that ends in a broad assault on the 1st Amendment."
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"The dangers inherent in such an assault cannot be overstated. Free speech is the bedrock of America’s democracy. It is not absolute, but the exceptions recognized by the Supreme Court do not permit the suppression of political speech…”
14/
“...especially speech that may be unpopular or run counter to the views of those currently in office.”
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"Regrettably, lawmakers thus far appear entirely indifferent both to the avoidable legal costs these Israel gag laws will inflict on tax payers, and to the far heavier costs they threaten to impose on American democracy.”
End/ (I mean it this time)
But wait — here’s a new table tracking these things! (If you know my work, you knew this was coming…)
fmep.org/resource/israe…
Dubious about my claim that laws quashing free speech critical of fossil fuel or firearms/ammo industries are model on Israel anti-boycott laws? Don’t trust me, trust one of the guys behind these laws!
inthesetimes.com/article/fossil…
"The proposed law in North Dakota is based on model legislation developed by Jason Isaac, a former Republican state representative in Texas who directs the Life:Powered program at the Texas Public Policy Foundation, a conservative think tank in Austin…"
"Isaac said he got the idea for the model legislation from a 2017 bill that banned Texas from investing in funds that boycott, divest from or sanction Israel. Isaac thought such an approach would work for energy investments, too…"
“The foundation is pushing for similar legislation in Alaska, Indiana, Kentucky, Pennsylvania, Oklahoma and West Virginia…"
[my new tracking table has been updated to include articles and also links to a few additional items I turned up…]
fmep.org/wp/wp-content/…
And here’s Texas Rep Phil King making the connection even more explicit:
"Under this new law, the state of Texas will no longer do business with companies that actively boycott or divest from fossil fuels. In 2017, I championed similar legislation regarding Israel…"
"Thanks to Gov. Greg Abbott and the Texas Legislature’s decisive action, the state of Texas no longer contracts with companies that boycott Israel. We’re proud to stand firmly with one of our greatest allies..."
“... — and to show the same support to the energy workers who power our state and our entire nation.”
texaspolicy.com/texas-is-stand…
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