Gavin Howe
Wisconsin has joined other US states in passing anti-BDS laws, which target the Palestinian-led Boycott, Divestment and Sanctions (BDS) movement. The laws prohibit businesses from boycotting Israel as a condition of any state contract. Critics argue that these laws violate the right to free speech, while supporters claim they are necessary to combat antisemitism and protect free commerce with Israel. As of 2024, 38 states have passed similar laws, with varying levels of bipartisan support.
| Characteristics | Values |
|---|---|
| What are anti-BDS laws? | Anti-BDS laws are legislation that retaliates against those who engage in boycotts, divestment, and sanctions. |
| What is BDS? | BDS stands for Boycott, Divestment, and Sanctions against Israel. |
| What is the purpose of anti-BDS laws? | To make it difficult for anti-Israel people and organizations to participate in boycotts. |
| Which US states have anti-BDS laws? | Alabama, Arizona, Arkansas, California, Connecuit, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Wisconsin, and more. |
| Does Wisconsin have an anti-BDS law? | Yes, Wisconsin has an anti-BDS law. |
| When did Wisconsin's anti-BDS law come into effect? | In October 2017, Wisconsin Governor Scott Walker signed Assembly Bill 553 into law. |
| What does Wisconsin's anti-BDS law do? | Prohibits state agencies or other bodies in the state government or local government units from adopting rules, ordinances, policies, or procedures that involve boycotting Israel or a person doing business in Israel or Israeli territory. |
| What has been the reaction to Wisconsin's anti-BDS law? | There has been mixed reaction, with some celebrating it as a victory against antisemitism and others criticizing it as a violation of free speech and an unethical law. |
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What You'll Learn
Wisconsin's anti-BDS laws
Wisconsin has joined other US states in passing anti-BDS (Boycott, Divestment, and Sanctions) laws. In October 2017, Governor Scott Walker signed Assembly Bill 553 into law, which prevents state contracts worth $100,000 or more from endorsing BDS. The bill prohibits state agencies or local government units from adopting any rule, ordinance, policy, or procedure that involves boycotting Israel or a person doing business in Israel or Israeli-occupied territory.
The bill also requires contracts between the state and non-governmental entities to include a provision affirming that signatories are not engaging in a prohibited boycott. This legislation is designed to combat the BDS movement's call for boycotting Israel until it ends its occupation, treats Palestinian citizens equally, and honours the right of Palestinian refugees to return to their homes.
Supporters of anti-BDS laws argue that they are necessary to combat antisemitism and protect free commerce with an American ally. However, critics argue that these laws violate the right to free speech and infringe on citizens' rights to boycott. Organisations such as the American Civil Liberties Union (ACLU) and the Council on American-Islamic Relations (CAIR) have challenged the laws in court, arguing that they restrict political expression and target a peaceful political boycott.
The debate surrounding Wisconsin's anti-BDS laws reflects the broader controversy over such legislation in the United States, with some arguing it is necessary to support Israel, while others view it as an unconstitutional restriction on free expression.
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Free speech implications
In 2024, Wisconsin passed an anti-BDS bill, joining several other US states in enacting such legislation. The bill prohibits any state agency or other body in state government or local government units from adopting a rule, ordinance, policy, or procedure that involves the boycott of Israel or a person doing business in Israel or Israeli territory.
The free speech implications of anti-BDS laws have been widely debated. Critics of anti-BDS laws argue that they infringe upon the right to free speech and restrict political expression. Organisations such as the American Civil Liberties Union (ACLU) and the Council on American–Islamic Relations (CAIR) have challenged the laws in court, claiming that they violate the First Amendment. They argue that boycotts are a form of protected political speech and that anti-BDS laws restrict the receipt of government contracts based on one's political speech. Additionally, critics claim that supporters of Israel are engaging in lawfare by lobbying for anti-BDS laws that conflate anti-Zionism and criticism of Israel with antisemitism.
Proponents of anti-BDS laws, on the other hand, argue that these laws do not infringe upon free speech rights. They claim that the laws only prohibit discriminatory conduct and do not suppress constitutionally protected speech. They draw analogies between anti-BDS laws and anti-discrimination laws, arguing that just as it is unlawful to discriminate based on gender or race, it should also be unlawful to discriminate against Israel. Additionally, supporters of the laws argue that they simply clarify that states have the authority to act against boycotts targeting Israel without preempting federal authority.
The constitutionality of anti-BDS laws remains unsettled in the courts. Analysts believe that a legal showdown is inevitable due to the controversial nature of the laws. The debate centres around whether boycotts of Israel can be considered discrimination and whether political boycotts are protected speech under the First Amendment.
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Bipartisan support
Wisconsin has joined the ranks of states such as North Carolina, Kansas, and Nevada in enacting anti-BDS legislation. This legislation seeks to prohibit businesses from engaging in boycotts of Israel as a condition of any state contract. The Wisconsin bill, introduced by Republican state lawmakers, specifically prevents state agencies or other governmental bodies from adopting policies or procedures that involve boycotting Israel or entities operating in Israel or Israeli-occupied territories.
The anti-BDS bill in Wisconsin has received bipartisan support, with Governor Scott Walker signing an executive order in October 2017, asserting the state's right to terminate contracts with entities boycotting Israel. The bill also received support from both chambers for co-sponsors. This bipartisan backing is reflected in the broader trend across the United States, with many anti-BDS laws gaining broad bipartisan support.
The BDS movement, led by Palestinians and supported by much of the Muslim world, calls for boycotts, divestment, and sanctions against Israel until it ends its occupation, treats Palestinian citizens equally, and recognizes the rights of Palestinian refugees. While the movement has gained momentum, it has also faced opposition from supporters of Israel, resulting in the introduction of anti-BDS laws in numerous states.
The debate surrounding anti-BDS laws extends beyond Wisconsin and has sparked discussions about free speech and political expression. Opponents of these laws argue that they infringe upon individuals' and organizations' right to boycott as a form of political expression. However, supporters of the laws, such as the Brandeis Center, contend that the laws target discriminatory conduct rather than speech, aiming to combat antisemitism and protect free commerce with Israel.
The effectiveness and ethical implications of anti-BDS laws are also questioned. Critics argue that these laws are unethical, suppress peaceful political boycotts as a means of creating change, and may ultimately backfire by generating more support for the BDS movement. Nonetheless, the enactment of these laws demonstrates the ongoing efforts to counter the BDS movement and the commitment of certain states, including Wisconsin, to stand with Israel.
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ACLU lawsuits
Wisconsin has passed anti-BDS (Boycott, Divestment and Sanctions) legislation, joining 37 other states that have adopted similar laws. The Wisconsin bill prohibits state agencies and other governmental bodies from boycotting Israel or any person or business with ties to Israel or Israeli-occupied territories.
The American Civil Liberties Union (ACLU) has been one of the most vocal critics of these anti-BDS laws, filing multiple lawsuits challenging their legitimacy. The ACLU argues that these laws violate the First Amendment right to free speech and restrict political expression.
The first lawsuit, filed in late 2017, challenged a Kansas anti-BDS statute on First Amendment grounds. The ACLU's Speech, Privacy, and Technology Project staff attorney, Brian Hauss, stated that this was the third time a federal court had blocked an anti-BDS law due to its infringement on the First Amendment. The lawsuit was brought on behalf of four individuals who were forced to choose between signing a certification that they were not boycotting Israel or facing professional and economic repercussions.
The ACLU has since filed a similar lawsuit against Arizona's anti-BDS statute, arguing that these laws suppress the right to boycott, which is protected by the First Amendment. The Brandeis Center, however, has defended these laws, differentiating between discriminatory speech and conduct and asserting that anti-BDS laws only prohibit the latter, thus not infringing on constitutional protections.
The debate surrounding Wisconsin's anti-BDS law and the ACLU's lawsuits highlights the ongoing tension between legislative efforts to combat perceived anti-Semitism and the protection of free speech and boycott rights guaranteed by the First Amendment.
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International human rights law
Wisconsin has joined other US states in introducing anti-BDS (Boycott, Divestment and Sanctions) legislation. This legislation prohibits businesses from engaging in boycotts of Israel as a condition of any state contract. The bill also requires contracts between the state and non-governmental entities to include a provision affirming that signatories are not engaging in a prohibited boycott.
Kaye argues that anti-BDS legislation in the US appears to be aimed at combating political expression and that economic penalties designed to suppress a particular political viewpoint would not meet the conditions under the ICCPR for permissible restraints on speech.
The BDS movement is a non-violent campaign that seeks to pressure Israel to end its occupation of Palestinian territories, treat Palestinian citizens equally, and recognize the right of Palestinian refugees to return to their homes. Critics of anti-BDS laws argue that these laws are unconstitutional and infringe on the right to free speech. They contend that participation in political boycotts is protected speech and that governments cannot require citizens to give up their right to free expression in exchange for government contracts.
While supporters of anti-BDS laws argue that they combat anti-Semitism and protect free commerce with Israel, critics claim that these laws restrict legitimate political expression and target companies that boycott Israeli settlements due to human rights concerns.
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Frequently asked questions
Yes, Wisconsin has anti-BDS (Boycott, Divestment and Sanctions) laws.
BDS stands for Boycott, Divestment and Sanctions. The BDS movement calls for boycotting Israel until it ends its occupation, treats Palestinian citizens equally, and honours the internationally recognised right of Palestinian refugees and their descendants to return to their homeland.
Anti-BDS laws are legislation that retaliates against those that engage in boycotts of Israel. Most anti-BDS laws take one of two forms: contract-focused laws requiring government contractors to promise that they are not boycotting Israel; and investment-focused laws, mandating public investment funds to avoid entities boycotting Israel.
This is a matter of debate. Organisations such as the American Civil Liberties Union (ACLU) have challenged anti-BDS laws in court, arguing that they conflict with the First Amendment's right to free speech. However, others argue that anti-BDS laws only prohibit discriminatory conduct, and therefore do not infringe on First Amendment protections.
As of 2024, 38 states have passed bills and executive orders designed to discourage boycotts of Israel. Some of these states include North Carolina, Kansas, Nevada, Alabama, Arizona, and Arkansas.
