[Peace-discuss] Illinois ACLU statement in opposition to Illinois anti-boycott legislation

[Robert Naiman]

OPPOSE SB1761 (Silverstein) and HB 4011 (Feigenoltz)

Unconstitutional prohibition on contracts with businesses that boycott
Israel

House Bill 4011 and Senate Bill 7621 bill prohibit Illinois agencies and
retirement systems from entering contracts with businesses that boycott
Israel.

A boycott is an important and powerful form of expressive association
protected by the First Amendment.  Speech in support of a boycott
encompasses the practice of people sharing common views banding together to
achieve a common end, a practice deeply embedded the American political
process.  By this collective effort, individuals can make their views known
when, individually, their voices would be faint or lost.  The Supreme Court
has held that economic boycotts are protected by the First Amendment.
 *NAACP v. Claiborne Hardware Co.*, 458 U.S. 886 (1982).

The government cannot punish its contractors based on their political
beliefs, associations, and activities.  For example, in *O’Hare Truck
Service v. City of Northlake*, 518 U.S. 712 (1996), the Supreme Court held
that a city violated the First Amendment by firing a contractor in
retaliation for its refusal to support one candidate and its support
instead for another candidate.  The Supreme Court explained: “If the
government could deny a benefit to a person because of his constitutionally
protected speech or associations, his exercise of those freedoms would in
effect be penalized and inhibited.  This would allow the government to
produce a result which it could not command directly.  Such interference
with constitutional rights is impermissible.”

For further information contact Mary Dixon, ACLU of IL Legislative Director
at 815-483-1990

===

Robert Naiman
Policy Director
Just Foreign Policy
www.justforeignpolicy.org
naiman at justforeignpolicy.org
(202) 448-2898 x1
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