Monday, July 18, 2011

Did You Read The New Anti-Israel NYTimes Editorial?

It's here.

But then read this

Does the new anti-boycott law harm free speech?

by Eugene Kontorovich who is a professor of law at Northwestern University, where he teaches constitutional law,

Extracts:

...the outrage over the anti-boycott law carries a dose of hypocrisy, as it ignores numerous other laws in Israel that are used to restrict political speech generally associated with the right wing.

There is no universal code of free speech...The United States has far more robust constitutional speech protections than almost any Western country...even the US has a law against boycotting Israel. It has been on the books for decades, and has been regularly enforced, but no one has suggested it is unconstitutional – and that is for a law protecting another country’s economy. Moreover, Israel’s law, unlike the American one, applies only to organizing boycotts, not to actually adhering to one.

In any country, guarantees of free speech do not apply to speech that causes actual harm, – like yelling ‘fire’ in a crowded theater...The anti-boycott law prohibits speech intended to cause economic harm to businesses solely because of their national identity...Israel’s new law bans discrimination against businesses because they are Israeli.

...A boycott of Israel promotes hatred of Israel, and certainly offends the vast majority of Israelis. To be sure, boycott supporters argue that at least when it comes to settlers, such hatred is deserved, but that is always the opinion of those whose speech is blocked by such laws.

The boycott movement is designed to imperil the State of Israel, and can actually do so...Israel’s current practice is clearly well within the limits of an open democracy. Singling out Israel for laws that are identical to, or just as restrictive as, laws on the books in America and Europe manifests the very problem that exists with the boycotts themselves – the application of an entirely different set of standards to Israel than to the rest of the free world.

^

6 comments:

yehudit keshet said...

Bullshit - its not the boycott that makes Israel 'hated', but the oppression of the Palestinian people and the denial of their human, civil and political rights, including the freedom of speech that Americans claim to value so highly. The article is ingenuous in not contextualising the opposition to Israel and its policies but presenting it as simply another democracy under threat from its enemies.

YMedad said...

Hi, Yehudit.

As co-founder of Machsom Watch, you are certainly knowledgeable and involved. And, like me, relatively biased, in an objectived sense. And as Arabs fall dead in Syria, Tunisia, Egypt, Yemen and Bahrain (did I leave out Copts?), Arab demonstrators throw stones here and occasionally attempt to sneak through checkpoints bombs but do you think they'd prefer to be "oppressed" here or "free" there?

And if you say, that doesn't interest you but you are first and foremeost aginst the "occupation", well, I think that Arabs deserve human rights and they'd be better off with autonomy under Israeli administration than independence uner Hamas, which is what will happen, as you know (even Egypt is going that way with Jordan still struggling).

Until our next exchange.

Curie said...

This anti-boykott bill seems a bit disengenious to me.

Most of the boykotters live outside Israel and will by no means be affected by the bill. So what gives? It's just stupid. Israel could as well pass a bill "you all have to love us", it will change nothing to reality...

Curie said...

By the way, does this bill really forbid any boycott against any Israeli company?

If this is the case, it is even more stupid...

YMedad said...

Dear Stupied, er, Curie, did you read the Peace Now website, Meretz?

"Left-wing group Peace Now on Tuesday launched a poster campaign against the so-called “Boycott Law,” the day after the Knesset passed the controversial legislation.

At a rally held outside the Tel Aviv Magistrate’s Court to launch the campaign, the organization displayed posters calling for citizens to avoid purchasing products made in the settlements."

and

"The New Movement-Meretz's operations headquarters and youth division made their way through supermarkets across Israel Wednesday, marking products manufactured in the settlements. The move is part of a campaign intended to warn the public against purchasing goods manufactured in the settlements, and comes in response to the boycott law passed in the Knesset this week."

curie said...

Dear fascist, pardon, right-wing representant.

Come to think of it, I like the law.

Did I understand right that any company subject to a boykott campaign can claim 30'000 NIS plus the damage it incurred from the organiser of the boycott?

I suppose the first firm to sue will be a pig farmer, who will sue rabbis and religious organisations for their callous boycott appeals against his quality products.

Did the hareidim vote in favour of this bill? They might be the first targeted, since they are the most zealous organisers of boycotts in Israel.