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State by state, across the country there has been a concerted effort to penalize those who wish to exercise their constitutionally-protected freedom of speech by boycotting, or even just maintaining their right to boycott, the state of Israel. Tomorrow, Virginia becomes ground zero in this fight when the state senate will vote on SB 1375, the Virginia Public Procurement Act.
At APN we don’t support the global BDS movement, but do support the boycott of settlement goods and the Occupied Territories and we definitely support the right of people to boycott. And even those who disagree with boycotting Israel should still support our First Amendment rights.
And this legislation, if enacted, will be used as a cudgel to punish Virginians in violation of those very rights. This bill is unnecessary, unhelpful, and undemocratic. Tell your state Senators to vote no on SB 1375.
Dear Senator,
As a Jewish Virginian who cares deeply about democracy both at home and in Israel, I am writing to urge you to vote NO on SB 1375, the Virginia Public Procurement Act prohibition on boycotting Israel.
SB1375 would amend the Virginia Public Procurement Act to prohibit and punish “public bodies from entering into a contract in excess of $100,000 with any contractor having more than an average of 10 employees for the previous 12 months that boycotts Israel”.
If enacted, this legislation will be used as a cudgel to punish Virginians in violation of our First Amendment rights by prohibiting and punishing public bodies from entering into contracts with companies that boycott Israel. Whether or not you endorse or oppose boycotts of Israel, it is vital for the future of our democracy that Virginia not succeed in legislating against political speech.
According to the ACLU Virginia, “Government contract restrictions cannot be based on the desire to punish First Amendment activities that aim to influence public opinion on our nation’s policies. Accordingly, federal courts have repeatedly found that bills targeted at restricting boycotts of Israel—[bills almost identical in substance to SB 1375]—violate the Constitution.”
It is essential to the health of our democracy that Virginia not succeed in legislating against political speech. I kindly ask that you vote NO on SB 1375.
Sincerely,
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