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Virginia has become ground zero in the state by state 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. Any day now, the State House is expected to consider two more dangerous bills that would infringe on the right to free speech and academic freedom: HB1606 and HB1898.
HB1606 – “Anti-Semitism; definition when term used in reference to discrimination”, is the latest in a series of cynical attempts across the country to co-opt the fight against antisemitism and use it instead as a weapon against free speech and to quash legitimate criticism of policies and actions of the Israeli government. Adopting the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism is a prime example of how well-meaning attempts to fight antisemitism can be misappropriated. IHRA and its examples, while on the surface seemingly benign, have been used time and again to codify language that would allow for such weaponization.
HB1898- “Virginia Public Procurement Act; prohibition on boycotting Israel” effectively prohibits contractors doing business with the Commonwealth from participating in boycotts of Israel. At APN we oppose 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. 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.
Ask your Delegate to VOTE NO on HB1606 and HB1898.
Dear Delegate,
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 HB1606 and HB1898. Both of these bills are dangerous and infringe on the right to free speech and academic freedom.
HB1606 – “Anti-Semitism; definition when term used in reference to discrimination”, is the latest in a series of cynical attempts across the country to co-opt the fight against antisemitism and use it instead as a weapon against free speech and to quash legitimate criticism of policies and actions of the Israeli government. Adopting the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism is a prime example of how well-meaning attempts to fight antisemitism can be misappropriated. IHRA and its examples, while on the surface seemingly benign, have been used time and again to codify language that would allow for such weaponization.
HB1898- “Virginia Public Procurement Act; prohibition on boycotting Israel” effectively prohibits contractors doing business with the Commonwealth from participating in boycotts of 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 HB 1898]—violate the Constitution.”
It is essential to the health of our democracy that Virginia not legislate against political speech. I kindly ask that you vote NO on HB1606 and HB1898.
Sincerely,
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