“…Foxx stated that the bill ‘severs any possible taxpayer support of these concrete campaigns of antisemitism in the form of BDS and academic boycotts of Israel,’ using the acronym for the Palestinian-led Boycott, Divest, Sanctions movement. But Lara Friedman, president of the nonprofit Foundation for Middle East Peace, points out that the bill goes far beyond controlling taxpayer funds.
The bill would create a cause for lawsuits under the False Claims Act against universities accused of boycotting U.S. partners, Friedman writes. By making universities ‘prove a negative’ to avoid getting sued, the bill will force them into ‘prioritizing maximal engagement’ with those partners, she adds. In other words, the Protect Economic and Academic Freedom Act would create a kind of affirmative action for foreign nations.
And the congressional report attached to the bill is an all-out attack on Americans’ constitutional right to withhold their money. It argues that the First Amendment ‘protected the expressive activities accompanying a boycott, not the commercial decision itself to refuse to do business with a particular entity.’ Friedman calls it ‘an alarming and novel interpretation of the Supreme Court’s prior decisions,’ which ‘renders the whole notion of a ‘right to boycott’ meaningless, with alarming implications going far beyond Israel-Palestine issues.’…
“Friedman, Nadler, and J Street also pointed out that the bill’s definition of ‘Israel’ would seem to include Israeli settlements in the Palestinian territories, making selective boycotts of a specific Israeli policy illegal. And that isn’t a theoretical concern. When the ice cream company Ben & Jerry’s announced in 2021 that it would pull out of the settlements while continuing to do business inside Israel proper, several states punished Ben & Jerry’s under their own state-level anti-boycott laws…”
[snip]
“‘The road to erasing [the] US right to free speech/protest of ANYTHING in the US is quite literally being paved with laws to protect/promote Greater Israel/Israeli impunity,’ Friedman writes.”