Gavin Howe
Michigan has enacted anti-boycott legislation, joining 37 other states that have adopted laws, executive orders, or resolutions designed to discourage boycotts against Israel. The legislation, which does not mention Israel explicitly, prohibits the state from hiring businesses that boycott individuals or public entities of a foreign nation. This measure is intended to protect Michigan's economy from the financial effects of boycotting Israel, with whom the state has significant economic ties. While supporters argue that the law protects commercial businesses from being pressured into complying with boycotts, critics charge that it infringes on the First Amendment rights of Americans to engage in political boycotts and peaceful protest.
| Characteristics | Values |
|---|---|
| Date of enactment | 31 December 2022 |
| Bill number | HB 5821 and HB 5822 |
| Sponsoring legislators | Reps. Al Pscholka, Mike Calton, Jeremy Moss, Andy Schor, and Robert Wittenberg |
| Prohibitions | State from hiring businesses that boycott individuals or public entities of a foreign nation |
| Number of states with anti-BDS laws | 38 |
| Number of states with anti-BDS executive orders | 6 |
| Michigan's rank among states with anti-BDS laws | 15th |
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What You'll Learn
Michigan's anti-BDS laws
Michigan has anti-BDS laws in place, which prevent companies that boycott Israel from doing business with the state. The laws were enacted in 2017, with Governor Rick Snyder signing two anti-BDS bills into law. The legislation prohibits the state from hiring businesses that boycott individuals or public entities of a foreign nation. Michigan is one of many states that have passed similar laws, with the aim of protecting economic ties with Israel.
The anti-BDS laws in Michigan have been met with criticism and condemnation from officials and activists, particularly in light of the state's significant Arab American population. They argue that these laws infringe on First Amendment rights and freedom of speech, as boycotts are a form of political expression.
The laws in Michigan specifically target companies that boycott Israel based on national origin. The state has strong economic ties with Israel, with trade totaling tens of millions of dollars annually across sectors like technology, defense, and health sciences. The anti-BDS legislation seeks to protect Michigan's economy from the potential financial impact of boycotting Israel.
While supporters of the laws argue that they protect commercial businesses from being pressured into complying with boycotts, critics charge that the laws explicitly violate the Constitutionally-protected rights of Americans. The debate surrounding Michigan's anti-BDS laws reflects the broader controversy around such legislation across the United States, with ongoing legal challenges and discussions about the laws' constitutionality.
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BDS activism in Michigan
BDS stands for Boycott, Divestment and Sanctions. It is a peaceful movement that aims to boycott Israel through the refusal to buy any goods from Israel and divest funds from Israeli corporations. The movement was conceived by Palestinian human rights activists after the Oslo Accords failed to bring peace between Israel and Palestine. The primary goal of BDS is to pressure Israel to withdraw from the occupied territories.
Michigan has passed anti-BDS laws, with Governor Rick Snyder signing two anti-BDS bills, HB 5821 and HB 5822, into law in January 2017. These bills prohibit the state from hiring businesses that boycott individuals or public entities of a foreign nation, specifically Israel. Michigan is one of many states that have passed similar legislation, with 38 states having passed bills and executive orders designed to discourage boycotts of Israel as of 2024.
Despite the passage of these laws, BDS activism in Michigan continues, particularly on college campuses. The University of Michigan has seen multiple BDS campaigns in recent years, with the student government voting to withhold funding from campus groups that do not support divestment. The student government at the University of Michigan has also clashed with Jewish and pro-Israel students, with reports of harassment and threats made against them.
The BDS movement is controversial, with critics arguing that anti-BDS laws are overly broad and vague, infringing on First Amendment rights. Supporters of anti-BDS laws, on the other hand, argue that they are necessary to protect Israel from economic discrimination and to prevent the application of double standards and delegitimization of the state.
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Michigan's economy and Israel
Michigan has enacted anti-boycott laws that are designed to prevent companies that boycott Israel from doing business with the state. These laws are intended to protect Michigan's economy from any negative impact that could arise from restricted trade with Israel. Michigan is not the only state to have implemented such laws, with other states such as Ohio, Pennsylvania, California, and New Jersey also having passed similar legislation.
The Michigan Israel Business Accelerator (MIBA) is a nonprofit and nongovernmental economic development organization that was established in 2017. The MIBA is committed to fostering partnerships between Israeli and Michigan businesses and facilitating trade between the two regions. It serves as the state of Michigan's lead for all international trade with Israel. The program offers educational and networking opportunities to help Israeli startups and businesses thrive in Michigan.
MIBA has facilitated hundreds of connections between Michigan and Israeli businesses, resulting in over 90 collaborations. These partnerships have led to expansions, import and export opportunities, grants, investments, and more. From 2021 to 2024, these collaborations drove over $20 million in direct economic activity in Michigan.
MIBA is committed to deepening economic ties and creating opportunities that drive innovation, address global challenges, and fuel economic growth in both Michigan and Israel. The organization aims to create mutually beneficial partnerships that result in meaningful collaboration and innovation, ultimately leading to economic growth in both regions.
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Michigan's anti-BDS bills
Michigan has anti-BDS (Boycott, Divestment and Sanctions) bills in place, which came into law in 2016/2017. The bills were signed by Governor Rick Snyder on New Year's Eve, 2016, and are known as Public Acts 526 and 527 of 2016.
The legislation prohibits the state from hiring businesses that boycott individuals or public entities of a foreign nation. The bills were sponsored by Reps. Al Pscholka, Mike Calton, Jeremy Moss, Andy Schor, and Robert Wittenberg.
The laws are designed to prevent companies that boycott Israel from doing business with the state of Michigan. Michigan is one of many states that have passed such legislation, and it is argued that these laws protect the state's economy from the negative effects of boycotting Israel.
There has been criticism of these laws, with some arguing that they violate the right to free speech and that they are unconstitutional. The Supreme Court has held that political boycotts are a form of expression protected by the First Amendment. However, the Supreme Court has also rejected the argument that these laws violate the First Amendment.
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Free speech concerns
Michigan has enacted anti-BDS laws, joining several other states in the US that have passed similar legislation. These laws have sparked concerns about their impact on free speech, a fundamental right protected by the First Amendment.
The anti-BDS laws in Michigan and other states aim to prevent companies that boycott Israel from doing business with the state. While the laws do not explicitly mention Israel, they are seen as protecting the state's economic relationship with Israel. The laws prohibit state entities from hiring or contracting with businesses that participate in boycotts of foreign nations or entities. This includes companies that boycott Israeli businesses or support boycotts for Palestinian rights.
Free speech advocates and activists have raised concerns that these laws infringe on individuals' and organizations' right to boycott and engage in political speech. They argue that boycotts are a form of expression protected by the First Amendment. The laws have been criticised for potentially punishing individuals, non-profit organisations, and companies for their political views and participation in boycotts.
Some specific free speech concerns regarding the anti-BDS laws include:
- Blacklists: There are concerns about the creation of blacklists targeting activists, non-profit organisations, and companies that support boycotts for Palestinian rights. These blacklists could be used to prohibit government contracts or other economic opportunities, punishing those who engage in protected political speech.
- Prohibition on government contracts: Several anti-boycott laws aim to prohibit state or local governments from entering into contracts with individuals, organisations, or companies that support boycotts for Palestinian rights. This could impact their ability to provide social services or participate in other government programs, solely based on their political views.
- Pension fund divestment: Many anti-boycott laws require state pension funds to divest from companies that boycott Israel or "territories controlled by Israel". This could financially harm individuals or organisations that have endorsed boycotts for Palestinian rights, even though such political boycotts are protected by the First Amendment.
- Chilling effect on speech: Critics argue that these anti-BDS laws create a chilling effect on speech, deterring individuals and organisations from engaging in protected political speech out of fear of legal or economic repercussions.
While some courts have blocked or issued injunctions against the enforcement of certain state anti-boycott laws due to potential First Amendment violations, other courts have upheld the laws. The ongoing legal debates highlight the complex nature of balancing free speech rights with other state interests.
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Frequently asked questions
Yes, Michigan has anti-BDS laws in place.
The law prohibits the state from hiring businesses that boycott individuals or public entities of a foreign nation. This law is seen as protecting Michigan's economy from the financial effects of boycotting Israel.
The BDS movement stands for Boycott, Divestment, and Sanctions. It is a campaign that encourages boycotting, divesting from, and sanctioning companies that do business with Israel.
Many states in the US have passed anti-BDS laws or executive orders, including Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, and Wisconsin.
