I'm Pro-Israel And I'm Also Pro-Free Speech For Americans Who Are Anti-Israel
If you are truly for free speech, and it's not just lip service, you're even for free speech for people who intend to speak about how you shouldn't have free speech.
That's a point I like to make, but it's not what this case is about.
Law prof Jonathan Turley writes about a (clearly unconstitutional) law in Texas that requires government contractors (teachers, for example) to certify that they are not engaged in boycotts of Israel or territories controlled by Israel:
Bahia Amawi is a U.S. citizen who was told that she can no longer work with the Pflugerville Independent School District because she refused to sign an oath vowing that she "does not" and "will not" engage in a boycott of Israel or "otherwise tak[e] any action that is intended to inflict economic harm" on that foreign nation. The school district will not only lose someone with an advanced degree and considerable experience but multiple languages. Amawi was born in Austria and fluently speaks three languages (English, German, and Arabic).On August 13th, the school district offered to extend her contract for another year but the standard contract had one addition among the certifications: a pledge that she "does not currently boycott Israel," that she "will not boycott Israel during the term of the contract," and that she shall refrain from any action "that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israeli or in an Israel-controlled territory."
That's disgustingly wrong, making an oath like this a condition of her employment.
Amawi and her family avoid buying Israeli products as do many Americans who oppose the policies of Israel vis-a-vis the Palestinians. The point is not the merits of such boycotts but the right to make such decisions and still work as a public servant in Texas.
Absolutely right.
The ACLU of Texas is handling the lawsuit against the law, HB 89, "that requires government contractors to certify that they are not engaged in boycotts of Israel or territories controlled by Israel":
"This lawsuit is about fundamental First Amendment rights, which protect us all from having the government use its power to force us to choose one side or another in a public debate,"said Edgar Saldivar, senior staff attorney for the ACLU of Texas. "Whatever you may think about boycotts of Israel, the bottom line is that political boycotts are a legitimate form of nonviolent protest. The state cannot use the contracting process as an ideological litmus test or to tell people what kind of causes they may or may not support."The lawsuit is brought on behalf of four people who were forced under the law to choose between signing the certification or forgoing professional opportunities and losing income: John Pluecker, a freelance writer who lost two service contracts from the University of Houston; George Hale, a reporter for KETR who was forced to sign the certification against his conscience in order to keep his job; Obinna Dennar, a Ph.D. candidate at Rice University, who was forced to forfeit payment for judging at a debate tournament; and Zachary Abdelhadi, a student at Texas State University, who has had to forego opportunities to judge high school debate tournaments.
"The constitution clearly prohibits the government from suppressing participation in political boycotts," said Brian Hauss, staff attorney for the ACLU's Speech, Privacy and Technology project. "This misguided law seeks to undermine a form of protected expression that has been a part of our nation's constitutional tradition since the founding."
Since 2017, the ACLU has successfully blocked anti-boycott state laws in Kansas and Arizona.








Not to sound like a smart-aleck, Amy, but the concept of government "forcing" their agendas onto the general public has been going on for years (and will continue to do so as well).
For example, here is New York's Governor Cuomo earlier this year sending out letters to all New York State-chartered banks telling them that they need to stop doing business with the NRA and gun makers:
https://www.pressrepublican.com/news/local_news/gov-to-banks-sever-ties-with-gun-makers/article_a2a9f16c-5e3a-5739-a86c-b88f16e247c2.html
In your post, you mention that the ACLU said "This misguided law seeks to undermine a form of protected expression that has been a part of our nation's constitutional tradition since the founding." Notice, however, that the ACLU has been strangely silent regarding Governor Cuomo in this matter.
Your post, as well as Governor Cuomo's doings, is part of the concept known as "selective outrage". This is where "outrage" is directed towards someone based on not whether their actions is valid, but whether against whom the actions are directed.
I can give you dozens of previous examples, both liberal and conservative, where these kinds of government actions have taken place. For you to say that this type of government behavior started in Texas in the past year is myopic at best.
rick at December 26, 2018 1:25 AM
Free speech lets the idiots self-identify.
Also, Rick-above-is right.
Richard Aubrey at December 26, 2018 5:43 AM
I musta missed where she said it started in Texas this year
Care to quote that section?
I can see a regulation preventing public employees advocating political causes during work time, especially teachers, but not telling them what they can and cant do in their private lives
lujlp at December 26, 2018 6:06 AM
The law is fully constitutional. When you are acting as an employee of the state then you have to follow rules your employer sets down. What you do on your own time is your business but what you do on company time is the company's business.
Or to look at it a different way since this is a contractor, the state can chose who to purchase from and who not to. They don't wish to purchase products from people boycotting Israel. If you want to boycott then by all means do so. But the state of Texas is not required to do business with you at that time.
As Rick points out above, the ACLU isn't acting in a non-political fashion. They want people to boycott Israel so they are bringing lawsuits (including ones like this that are baseless) to advance that agenda. The rest is salesmanship. The actions by Cuomo and Holder against banks were far more significant and quite unconstitutional. After all you can't be a bank without following government banking regulations. But you didn't hear a peep out of the ACLU over that.
Ben at December 26, 2018 6:20 AM
No real loss, there. School districts are full of people with Masters degrees, usually in Education. Every other school principal, it seems, has a doctorate in Education (EdD). Union rules require higher pay for higher degree levels, and with summers off, the pursuit of an advanced degree readily accomplished in a few years. And the Education curriculum is not generally noted as a rigorous one.
Conan the Grammarian at December 26, 2018 7:47 AM
I'm not sure that this actually violates a 1st Amendment right.
The state of Texas through its offices, agencies and institutions pursues a range of commercial, cultural and academic engagements with Israel along with Israeli companies and individuals.
If a contractor is unwilling to participate in those engagements a/o seeks to obstruct them, they are unable to fulfill their obligations to the state, by saying - I'll satisfy the requirements of this contract unless it involved dealing with Israeli Jews. It's the same reason they wouldn't contract someone who avowedly refuses to work with Mexicans.
Also it's dishonest to describe the language in that code as an 'oath'. It's simply an attestation agreeing not to boycott Isreali entities during the term of the contract.
nemo at December 26, 2018 8:04 AM
This is no more onerous than making vendors - remember, she's a contractor who's won a bid to provide services and not an employee - say that they'll abide by other anti-discrimination laws.
I'm pretty sure she's allowed to do or say whatever she likes on her own time. It's that her business is not so free.
Alternative: give up the fat government contract, and go and compete in the real world. Your business will be permitted to say and do whatever you want it to say or do.
To coin a phrase, bake the damn caked.
I R A Darth Aggie at December 26, 2018 8:14 AM
Making government officials swear an oath supporting another country is messed up.
NicoleK at December 26, 2018 10:37 AM
No oaths sworn, no government officials involved - learn to read Nicole.
epsilonicon at December 26, 2018 11:16 AM
Actually, it appears that the law require that she not boycott Israel ***in her business incarnation***. Thus, if she wants to boycott Israel oranges, she may do so without violating the attestation. However, if an Israeli citizen or business wanted to obtain from her the same services that she is providing to the state government, then she could not refuse to deal with them and still keep her government contract.
http://reason.com/volokh/2018/12/18/everyone-is-misreporting-the-texas-bds-l#comment
Davod Foster at December 26, 2018 11:56 AM
Wrote Ben:
The actions by Cuomo and Holder against banks were far more significant and quite unconstitutional. After all you can't be a bank without following government banking regulations. But you didn't hear a peep out of the ACLU over that.
Of course it did. I remember it.
https://thehill.com/homenews/state-watch/403795-aclu-backs-nra-in-lawsuit-against-gov-cuomo
"The American Civil Liberties Union (ACLU) threw its weight behind the National Rifle Association (NRA), filing an amicus brief on the gun rights group’s behalf in its lawsuit against New York Gov. Andrew Cuomo (D). The ACLU's action comes after the NRA filed a lawsuit earlier this year against Cuomo and New York’s financial regulation agency, alleging a “blacklisting campaign” aimed at getting banks to cut ties with the gun group."
Kevin at December 26, 2018 12:55 PM
What about Holder and his use of banking regulations against various groups Kevin?
Ben at December 26, 2018 12:58 PM
What about it?
You said the ACLU hadn't made "a peep" about Holder and Cuomo; all I did was remember it differently and bring the receipts.
Kevin at December 26, 2018 1:38 PM
You got the Cuomo, so I asked where is the Holder. Not complicated.
Ben at December 27, 2018 6:50 AM
"I'm not sure that this actually violates a 1st Amendment right."
The state of California has numerous requirements for contractors and others who receive state funds, which prohibits them from receiving funding if they associate with entities that advocate policies that the state government disapproves of. A couple of years ago, there was a class of school kids who were going to go to Space Camp in Alabama. The state stepped in and prohibited the school from funding or supporting the trip, since Alabama laws fail to pass various California political-correctness tests. The kids had to raise the money for the trip themselves.
And yeah, I get Amy's point, but that ship has sailed.
Cousin Dave at December 27, 2018 7:01 AM
""The American Civil Liberties Union (ACLU) threw its weight behind the National Rifle Association (NRA), filing an amicus brief on the gun rights group’s behalf in its lawsuit against New York Gov. Andrew Cuomo."
The ACLU is funny that way. The national organization is pretty much all in for leftism. However, some of the local chapters are still doing good work and maintaining their position of non-partisan civil liberties advocacy. So far, the national organization doesn't appear to be trying to stop them. I'm not sure how ACLU funding works internally, so we'll see how long this continues, or if the national organization will be able to de-fund chapters who don't fall in line.
Cousin Dave at December 27, 2018 7:04 AM
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