Kansas Doesn’t Even Try to Defend Its Israel Anti-Boycott Law

Brian Hauss, Staff Attorney, ACLU Speech, Privacy, and Technology Project, November 30, 2017

 

Graffiti on the Israeli separation wall dividing the East Jerusalem neighborhood of Abu Dis reads, Ryan Rodrick Beiler/Shutterstock

Kansas officials are scheduled to appear in court tomorrow to defend a state law designed to suppress boycotts of Israel. There’s just one problem: The state quite literally has no defense for the law’s First Amendment violations.

The ACLU filed a lawsuit in October against a law requiring anyone contracting with the state to sign a statement affirming that they don’t boycott Israel or its settlements. We represent Esther Koontz, a math teacher who was hired by the state to train other teachers. Together with members of her Mennonite church, Esther boycotts Israel to protest its treatment of Palestinians. After she explained that she could not in good conscience sign the statement, the state refused to let her participate in the training program.

The law violates the First Amendment, which protects the right to participate in political boycotts. That right was affirmed by the Supreme Court in 1982, when it ruled that an NAACP boycott of white-owned businesses in Mississippi during the civil rights movement was a protected form of free expression and free association. But despite long-held consensus around the right to boycott, we were still pretty surprised when Kansas didn’t even try to argue the law is constitutional.

We asked for a preliminary injunction, which would immediately halt enforcement of the law and allow Esther to do the job she was hired for. In its response brief, Kansas doesn’t mention the First Amendment even once, even though the entire case turns on the myriad ways the law violates First Amendment rights. Instead, the government relies on a couple half-baked procedural arguments in an attempt to convince the court to leave the law in place for now.

First, Kansas argues that a preliminary injunction isn’t necessary because Esther could always receive monetary damages at the end of the lawsuit, should she win. But courts have long recognized that the government can’t use money damages to buy off the loss of First Amendment rights.

The government’s other argument is that the Kansas secretary of administration would have given Esther a waiver, had she sought one, exempting her from the requirement to refrain from boycotting Israel. But the government can’t neutralize legal challenges to blatantly unconstitutional laws by making one-off exceptions for the people who happen to file lawsuits. Even if Esther could have gotten a waiver, that wouldn’t help other Kansans affected by the law.

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Federal Court Strikes Down Kansas Anti-BDS Law


Israeli security forces and Palestinian protesters confront each other in Jerusalem’s Old City on Dec. 15, 2017.

Glenn Greenwald, The Intercept, January 31 2018

A federal judge on Tuesday ruled that a Kansas law designed to punish people who boycott Israel is an unconstitutional denial of free speech. The ruling is a significant victory for free speech rights because the global campaign to criminalize, or otherwise legally outlaw, the Boycott, Divestment, and Sanctions movement has been spreading rapidly in numerous political and academic centers in the U.S. This judicial decision definitively declares those efforts — when they manifest in the U.S. — to be a direct infringement of basic First Amendment rights guaranteed by the U.S. Constitution.

The enjoined law, enacted last year by the Kansas legislature, requires all state contractors — as a prerequisite to receiving any paid work from the state — “to certify that they are not engaged in a boycott of Israel.” The month before the law was implemented, Esther Koontz, a Mennonite who works as a curriculum teacher for the Kansas public school system, decided that she would boycott goods made in Israel, motivated in part by a film she had seen detailing the abuse of Palestinians by the occupying Israeli government, and in part by a resolution enacted by the national Mennonite Church. The resolution acknowledged “the cry for justice of Palestinians, especially those living under oppressive military occupation for fifty years”; vowed to “oppose military occupation and seek a just peace in Israel and Palestine”; and urged “individuals and congregations to avoid the purchase of products associated with acts of violence or policies of military occupation, including items produced in [Israeli] settlements.”

A month after this law became effective, Koontz, having just completed a training program to teach new courses, was offered a position at a new Kansas school. But, as the court recounts, “the program director asked Ms. Koontz to sign a certification confirming that she was not participating in a boycott of Israel, as the Kansas Law requires.” Koontz ultimately replied that she was unable and unwilling to sign such an oath because she is, in fact, participating in a boycott of Israel. As a result, she was told that no contract could be signed with her.

In response to being denied this job due to her political views, Koontz retained the American Civil Liberties Union, which sued the commissioner of education, asking a federal court to enjoin enforcement of the law on the grounds that denying Koontz a job due to her boycotting of Israel violates her First Amendment rights. The court on Tuesday agreed and preliminarily enjoined enforcement of the law.

The ruling is significant for two independent reasons. The first is the definitive and emphatic nature of the ruling. The court dispensed with an oft-repeated but mythical belief about free speech rights: namely, that they only bar the government from imprisoning or otherwise actively punishing someone for their views, but do not bar them from withholding optional benefits (such as an employment contract) as retaliation for those views. Very little effort is required to see why such a proposition is wrong: Just imagine a law which provided that only people who believe in liberalism (or conservatism) will be eligible for unemployment benefits or college loans. Few would have trouble understanding the direct assault on free speech guarantees posed by such a law; the same is true of a law that denies any other benefits (including employment contracts) based on the state’s disapproval of one’s political views, as the court explained in its ruling (emphasis added):

Even more important is the court’s categorical decree that participating in boycotts is absolutely protected by the First Amendment’s guarantee of free speech and petition rights. Citing the 1982 U.S. Supreme Court case that invoked free speech rights to protect members of the NAACP from punishment by the state of Mississippi for boycotting white-owned stores, the court in the Kansas case pointedly ruled that “the First Amendment protects the right to participate in a boycott.” In doing so, it explained that the core purpose of the Kansas law is to punish those who are critical of Israeli occupation and are working to end it: “The Kansas Law’s legislative history reveals that its goal is to undermine the message of those participating in a boycott of Israel. This is either viewpoint discrimination against the opinion that Israel mistreats Palestinians or subject matter discrimination on the topic of Israel.”

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Backlash in New Orleans: vote to rescind BDS resolution set for Thursday


Dear Friend,

Last Thursday, the New Orleans City Council unanimously passed a historic human rights resolution!

The resolution, developed by the New Orleans Palestinian Solidarity Committee (NOPSC), calls on the city to avoid contracting with or investing in corporations that consistently violate human, civil, or labor rights— including Israel.

Now Jewish establishment groups are crying foul, saying the resolution unfairly targets Israel, and pushing feverishly for the council to revoke its original vote.

And it looks like the entire council is caving.

Click here to tell the New Orleans City Council they had it right the first time. Say yes to human rights here, in Palestine, and everywhere, and yes to the Human Rights Investment Screening Resolution (R-18-5).

Before last week’s vote, Council President Jason Williams said the resolution “specifically recognizes the city’s social and ethical obligations to take steps to avoid contracting with or investing in certain corporations, namely those that consistently violate human rights, civil rights, or labor rights.”

Does he now believe Israeli corporations should be exempt? Does he really think the city has social and ethical obligations to all people except Palestinians?

No matter where you live, we can make a difference speaking out as Jews and as people who love justice. Saving this historic resolution has turned into a truly uphill battle. A re-vote is planned for Thursday, and we have to make sure the City Council hears us.

Support NOPSC by telling the New Orleans City Council: don’t align yourselves with human rights violators in our name. Align your values and your investments, and uphold R-18-5.

If this resolution can withstand the backlash, it will stand as a powerful precedent in the ongoing struggle for Palestinian and truly universal human rights.

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Iyad Burnat’s Palestinian Center for Non-Violent Action


Iyad Burnat interview by the Jersey Palestine Solidarity Campaign (JPSC)

 

Dear Friends,

Many of you know Palestinian activist Iyad Burnat, co-founder and President of the grassroots organization, Friends of Freedom and Justice (FFJ) in the West Bank village of Bil’in. Iyad and Bil’in’s heartfelt brand of peaceful resistance were the subject of the 2011 Academy Award-Nominated Documentary “5 Broken Cameras” and have continued to reach more people through the speaking tours of Iyad and his fellow villagers around the world and the visits of people from around the world to Bil’in. Like other West Bank villages, towns and cities, Bil’in is under siege by the Israeli military occupation with its continuous land seizures, and Iyad has been actively working to develop a model of non-violent resistance to the Occupation since 2005, when a nearby Israeli settlement expanded into Bil’in’s fields.

FFJ is now working to establish a “Palestinian Center for Non-Violent Action” (https://www.ffj-bilin.com/); a place where people from all over the West Bank and the world can come to learn the theory and practice of non-violent social change. The Center will include a museum, library, classrooms, learning and play spaces for children, spaces for arts and crafts, a visitor’s center, and guest rooms for visiting instructors and activists from around the world.

FFJ has made an initial down payment of $14,000 for the land on which to build the Center, but recent developments have delayed FFJ’s efforts to raise the remaining $30,000 needed by February to secure the property. Like other activists in the Palestinian peaceful resistance, Iyad and his family have come increasingly attack through harassment, threats, arrests and shootings. His eldest son, Majd, recently underwent surgery for injuries suffered from a shooting by Israeli forces, which caused extensive nerve damage to his leg, rendering him unable to walk unaided. His middle son, Abdul Khaliq, was recently shot, imprisoned, and is now awaiting trial. His youngest son, Mohammed, witnessed the arrest. The fate of the Center is hanging in the balance.

The purchase of this land and construction of Center are a positive answer to the systemic and brutal violence to which Palestinians are subjected to on a daily basis. Iyad, Bil’in and all Palestinians seeking to resist occupation nonviolently need our support.

Please donate to make the Palestinian Center for Non-Violent Action a reality. Together let us help make Bil’in a beacon of peaceful social responses to oppression for Palestine and the world.

Sincerely,
Friends of Freedom and Justice
https://www.ffj-bilin.com/

Israel Publishes BDS Blacklist:
20 Groups Will Be Denied Entry

Israel’s Strategic Affairs Ministry had for months refused to divulge the list

    Blacklisted American organizations:
    ■ American Friends Service Committee
    ■ American Muslims for Palestine
    ■ CodePINK
    ■ Jewish Voice for Peace
    ■ National Students for Justice in Palestine
    ■ US Campaign for Palestinian Rights

US Campaign for Palestinian Rights (USCPR) Executive Director Yousef Munayyer said, “We wear this designation as a badge of honor. When Israel, which aims to portray itself to the world as liberal and democratic, blacklists activists dedicated to nonviolent organizing and dissent, it only further exposes itself as a fraud.

Join CodePINK in calling on Senators Chuck Schumer and Ben Cardin to denounce this outrageous ban and tell Israel to lift it immediately. These senators should stand up for the right of US citizens to criticize repressive Israeli policies, especially since Israel gets over $3 billion of our tax dollars every year.

A pro-Palestinian BDS protest in Paris, France August 13, 2015A pro-Palestinian BDS protest in Paris, France August 13, 2015 (AFP)

Noa Landau, Haaretz, Jan 07, 2018

Take Action: Palestinian leader’s son abducted by Israel

This is how Israel marked Human Rights Day. Please call the following (ask for the foreign policy aide) to intervene on behalf of Abdul Khalik Burnat with the U.S. State Department:

    Sen. Baldwin, Madison: 608-264-5338
    Sen. Baldwin, DC: 202-224-5653

    Rep. Pocan, Madison: 608-258-9800
    Rep. Pocan, DC: 202-225-2906
    (Pocan is a signer of HR 4391 on Palestinian children)

    Sen. Johnson, Madison: 608-240-9629
    Sen. Johnson, DC: 202-224-5323

A call to action from Al-Awda NY, the Palestine Right to Return Coalition, and Samidoun Palestinian Prisoner Solidarity Network

Samidoun: Palestinian Prisoner Solidarity Network, 12 December 2017

DOWNLOAD THE FLYER FOR DISTRIBUTION

Abdul-Khalik Burnat, 17 years old, the son of Palestinian activist Iyad Burnat, an active leader of the Nonviolent Resistance Movement in the Palestinian village of Bil’in, was kidnapped, beaten and detained on the night of December 10, 2017 while getting pizza along with his friends Hamzah Al-Khatib and Malik Rahdi.

Their whereabouts were unknown until Abdul-Khalik’s mother and father recently learned that he and his friends are in Ofer Prison near the city of Ramallah.

Abdul-Khalik’s village of Bil’in is heavily targeted by Zionist colonizing forces for arrests, repression and persecution, especially because the people of the village continually and consistently organize well-coordinated weekly peaceful demonstrations which include visits and support from international activists to defend their land from illegal Israeli settlements and the infamous apartheid Wall.

Abdul-Khalik is a senior in high school. He was focused on completing his finals before his kidnapping. He is planning on going to college abroad after graduating high school.

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December 12, 2017
Beyond One State, Two State

Creative Solutions to the Israel-Palestine Conflict

Dr. Johan Galtung
Professor and Founder of Transcend International
Livestream from The Palestine Center
Washington, DC
11:00 pm – 1:00 pm CST

Nobel Peace Prize nominee, Dr. Johan Galtung will discuss alternatives to the one-state, two-state solutions for Israel-Palestine.

A sociologist and mathematician by profession, Galtung is recognized as the ‘founding father’ of peace studies and conflict transformation as a scientific discipline. He founded the International Peace Research Institute, Oslo (1959), the world’s first academic research center focused on peace studies, as well as the influential Journal of Peace Research (1964). He is currently the president of the Galtung-Institut for Peace Theory & Peace Practice.

In addition to being a frequent Nobel Peace Prize nominee, he is also winner of the Right Livelihood award, which is the alternative Nobel. He has negotiated with many heads of state, inspired the idea of the Organization of Security and Cooperation in Europe – the OSCE, and has helped resolve many conflicts from families to nations to regions.

More on Dr. Johan Galtung and Transcend International

November 9, 2017
Kathy Kelly at Edgewood College

 
Anderson Auditorium
Predolin Center
Edgewood College
1000 Edgewood College Dr
Madison, WI
7:00 PM


“Trillions for the Military: Will That Make Us Secure?”
Kathy Kelly, Voices for Creative Nonviolence

Kathy Kelly, a global activist for peace, is one of the founding members of Voices in the Wilderness, and currently a co-coordinator of Voices for Creative Nonviolence (www.vcnv.org) Believing that “where you stand determines what you see,” Voices activists have stood alongside people in war zones and helped educate U.S. people about the terrible consequences of U.S. wars.

As a guest of the Afghan Peace Volunteers, she has frequently visited Kabul. Experiences there and in other war zones have led her to speak and write about the futility of U.S. militarism and the potential for nonviolent resistance to war and injustice.

Planned by Ecumenical Peace Working Group
Hosted by Edgewood College COR General Education Program
For more information, contact Maureen McDonnell, OP, mowisdom at gmail.com

The Sumud Freedom Tour

This is our moment of unity, of coalition building

Holy Land Trust

Mission

Holy Land Trust and Nonviolence International have partnered to develop a multilayered tour of peace and justice work in Israel and Palestine.

This tour unpacks the broad range of nonviolent resistance methods employed by Palestinians and their co-resisters throughout the region and internationally. From December 21, 2017 to January 3, 2018, you will meet with leaders of grassroots organizations, NGO’s, and agents of change in the community who are actively engaged in challenging the systems underpinning Israel’s prolonged military occupation.

This tour is designed for social activists who are committed to deepening their analysis of global oppression. Whether you are engaged in the movement for black liberation, entrenched in the battle for immigrant rights, or fighting for women’s equality, the Israeli-Palestinian conflict can serve as an important theoretical and practical framework for nonviolent resistance.

This program is designed to promote an exchange of ideas between movements. Those who have little or no background in the history of the Palestinian struggle are encouraged to join, as the intersections between our movements will allow us to relate to and better understand one another. And as a result, this tour will help us lay the foundation for necessary relationships that lead to broad, diverse coalitions of change.

Who we are

Holy Land Trust is a Palestinian Non-Profit Organization (NGO), located in the heart of Bethlehem on Star Street. Our work is centered on strengthening communities to empower them to find nonlinear solutions to problems; solutions which are rooted in social justice, compassion, and love.

Nonviolence International (NI) is a decentralized network of resource centers that promote the use of nonviolent action. Founded by Palestinian activist Mubarak Awad in 1989, NI is a 501(c)(3) organization registered in Washington, DC, USA. NI is also a non-governmental organization in Special Consultative Status with the Economic and Social Council of the United Nations.

More Information on the Sumud Freedom Tour
Register here
Contact us!