A Look at the Rise of Anti-BDS Laws in the United States

Alt text: Gavel with Israeli flag between the words Boycott Israel

Monica Shaffer

I. Introduction

Over the last ten years, bills that prohibit freedom of expression have been proposed and even passed at disturbingly high rates by both state and federal legislative bodies, but they slide under the radar. They go ignored because they are passed to “support” one of the United States’ greatest allies, Israel.[1] These bills, known in activist circles as “anti-BDS” bills, are passed to prevent government agencies (including schools, legislatures, and employers) from contracting with anyone (a person or entity) that supports the “BDS” movement, a form of nonviolent resistance against the state of Israel. These bills are passed under the guise of curbing antisemitism[2] and anti-Israel sentiment. However, this Article will demonstrate that the purpose of these bills has not been achieved and, in fact, the bills are unconstitutional and should be struck down.

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