In recent weeks, pro-Palestinian protests have erupted at various college campuses across the United States, including Columbia University, Northwestern University, the University of Southern California, and George Washington University. At Columbia University, protesters organized a “Gaza Solidarity Encampment” in support of the Boycott, Divestment, Sanctions (BDS) movement, urging the school to divest from Israel. Tensions have been escalating on campuses since October 7, 2023, when Hamas launched an attack on southern Israel, resulting in numerous casualties. Over 34,000 Palestinians have died in Gaza since the conflict began, according to local health officials.
Despite the ongoing protests, several states in the U.S. have passed legislation that prohibits state agencies from working with companies that boycott Israel or support the BDS movement. These laws essentially make it illegal for companies to engage in activities that involve boycotting Israel. States like Texas, Ohio, Illinois, Indiana, and many others have enacted such laws to prevent state agencies from investing in or working with companies that have anti-Israel stances. In states like Indiana, legislation was passed in 2016 requiring state agencies to divest from any company promoting boycotts against Israel.
The Jewish Virtual Library has compiled a list of states with legislation restricting cooperation with companies that boycott Israel, which Newsweek used to create a map illustrating where such behavior is deemed illegal. States colored in red on the map have passed laws banning state agencies from working with companies that boycott Israel. Meanwhile, states shaded in pink have issued anti-BDS executive orders. Examples include New York, Maryland, Wisconsin, and others. In Alaska, Governor Mike Dunleavy signed an administrative order this year directing state agencies to cease business transactions with entities supporting a boycott of Israel.
Critics of anti-BDS laws, such as the American Civil Liberties Union (ACLU), argue that these laws are designed to discriminate against political expression rather than prevent discrimination. The ACLU contends that boycotting companies based on political beliefs is a form of protected speech under the First Amendment. Anti-BDS laws that specifically target companies operating in Israel or Israeli settlements are seen as unconstitutional by the ACLU, as they aim to suppress dissent against Israeli policies through economic means. The laws are viewed as infringing on individuals’ right to express their views through boycotts.
Newsweek reached out to the BDS movement for comment on these developments, but no response was received. The organization advocates for boycotting, divesting, and sanctioning companies and entities that support Israel, particularly in relation to the Israeli-Palestinian conflict. Anti-BDS legislation has been enacted in various states to counter these efforts, with the intention of protecting Israel and preventing economic boycotts that challenge its policies. The debate over these laws continues, with supporters arguing for the protection of Israel and opponents asserting that they violate individuals’ free speech rights.
