Jun. 7, 2016
While the insincere arguments of the Israel-haters that speciously claim opposition to BDS is McCarthyism need not detain us long here, the notion that state bans on BDS are a threat to freedom does require an answer. While I understand concerns about any government intrusions into the market or the public square, those attempting to argue that BDS is speech that must not be suppressed no matter whether we agree with it are missing the point. Though it is odious, it is certainly legal to advocate for Israel’s destruction. But BDS is discrimination, a thinly veiled anti-Semitic action. Boycotts against the Jewish state are forms of bias against Jews and therefore fall into the category of activity that the state is not obliged to subsidize or support.
The definitive take on the legality of anti-BDS laws was written by legal scholar Eugene Kontorovich in Tablet Magazine last year.