BDS ban is not about free speech
Activists on one side of this debate have maligned anti-boycott laws as requiring a "loyalty oath to Israel," arguing that "the government cannot force people to subscribe to a specific political viewpoint." When so framed, these laws appear to be intolerable censorship. The First Amendment enables anyone to freely express their views without fear of government retribution – even if those views are racist or anti-Semitic. But ACTING on such views is in many cases illegal, particularly when the effect is discriminatory. So while First Amendment arguments must be evaluated in these lawsuits, ignoring the well-established distinction between speech and action grossly misrepresents the controversy.
Contrary to the challengers' free speech narrative, these state laws do not actually impact anyone's ability to hold, express or advocate any viewpoint. Instead, they only require businesses seeking government contracts (or investments) to certify they are not engaged in discriminatory boycotts. This is actually milder than many other anti-discrimination laws at the federal, state and local level, which require companies – regardless of their financial relationship with any government – to disregard traits such as religion or national origin in hiring practices and business dealings. The laws in question here, instead of directly regulating conduct, are intended to spare the public from subsidizing companies that act contrary to the collective interest.
The key question that free speech advocates (and the courts) have to answer is whether a boycott of Israel, in its current form, is merely a political viewpoint rather than a form of discrimination. For if such a boycott does nothing but express a political viewpoint, these laws should be struck down. The collective interest is never served by stifling one side of a genuine debate. However, if a boycott represents discrimination against a protected category, it would be on par with any other uncontroversial law safeguarding public funds from being used toward discriminatory ends.
While much discourse on this subject has uncritically assumed Israel boycotts are the former, there are good reasons to believe they're the latter.
Most Israel boycotts today are conducted in solidarity with the BDS movement, founded in 2005. As just the latest in a long line of Jewish boycotts, BDS is arguably discriminatory in both its goals and its effect. Ignoring countries engaged in far more egregious behavior, the movement singles out Israel as exceptionally and uniquely evil among all nations of the world. It spuriously places all blame for a two-sided conflict on "Jewish colonialism." And though there may certainly be times when Israeli policies or government actions warrant criticism, BDS does not merely target any individual Israeli policy or government. Rather, it rejects Jewish self-determination outright. Co-founder Omar Barghouti has said he opposes a Jewish state "in any part of Palestine," which BDS sees as being a single state between the Jordan River and the Mediterranean Sea.
Members quit Birmingham board that rescinded award to Angela Davis
Three board members have resigned from the Birmingham Civil Rights Institute, which rescinded its award to African-American activist Angela Davis, allegedly due in part to complaints from Jewish leaders.Those Who Boycott Mosque Holocaust Exhibit Do Not Speak for Muslims
The resignations follow controversy over the museum and educational center’s decision last week to withdraw the Fred L. Shuttlesworth Human Rights Award from Davis. She was intended to receive the award next month in a ceremony that has since been canceled.
Davis, a Birmingham, Alabama, native and leading civil rights activist, is an outspoken critic of Israel and an advocate of the movement to boycott the country. She also was a far-left leader in activist movements of the 1960s and ’70s.
The board members who resigned Wednesday were its chairman, Mike Oatridge; its first vice chair, Walter Body; and its secretary, Janice Kelsey. Their names were removed Thursday afternoon from the museum’s website.
Birmingham Mayor Randall Woodfin said in a statement that the decision to rescind the award, which was announced in September, came “after protests from our local Jewish community and some of its allies.”
Davis wrote in the pro-Palestinian publication Mondoweiss that she learned her “long-term support of justice for Palestine was at issue.”
Who made it an issue is still not clear. None of the people who reportedly were involved in the decision agreed to a request from JTA for comment, including the Birmingham Jewish Federation’s CEO, Richard Friedman, and the civil rights institute’s president, Andrea Taylor, who did not respond to a call and text message.
The polticisation around Israel and Palestine choked any voices that wanted to document these stories, as though they would legitimise Israel. This perverse logic meant many of these oral histories were lost, helped the claim, pushed by, that Muslims were part of SS Gestapo Units in Bosnia - who were involved in rounding up and exterminating Jews - dominate. This is true and cannot be washed over. It highlights how the SS used Islam and antisemitism to attract some who were Muslims from the Balkan regions. Serbian nationalists used this piece of history to whip up hatred against Bosnian Muslims between 1992 and 1995.
Yet, the vast majority of Muslims fought against Hitler and the courageous stories of Muslims saving Jews are now a forgotten history. As a Muslim, a part of my heritage has disappeared, hyper-politicised into a silence that will stay for eternity.
You would think that hosting an exhibition highlighting some of these stories would be a chance for Muslims to reclaim their history at a time when so many wrongly align Islam and Muslims with just terrorism and extremism. But a decade after launching the Righteous Muslims booklet, only a handful of the three milion British Muslims even know of any stories of Muslims who saved Jews in the Holocaust. I put this down to those who believe they are speaking for the Palestinians by denying Muslims their own history and heritage.
I have met Palestinians in the West Bank and Jerusalem who want to hear the stories of Muslims who saved Jews in the Holocaust. Granted there are Palestinians who will revere and laud the Grand Mufti of Jerusalem, Haj Amin al-Husseini, who asked Hitler to help an Arab revolt against the British in 1941, but there are others who are ashamed of that history. The latter have said to me that “Muslims need pride in their actions when they have done the right thing”, when I talked about the stories of Righteous Muslims.
Who exactly are those seeking boycotts against Yad Vashem speaking for? They are not speaking for the Palestinians. They are also not speaking up for Muslims. They are speaking up for those who want to keep the status quo going, the very status quo that throttled the life and voices out of the stories of Muslims who saved Jews.
Much like Haj Amin al-Husseini, they are on the wrong side of history and worst still, on the side of those who deny the voices of the dead and murdered from speaking to the living today. We cannot allow this to happen, for the sake of all of our histories.





























