Friday, January 11, 2019

BDS: Because Severely Flawed Activism is still protected Free Speech

Various states in the United States have been looking into passing legislation to fight against the Boycott, Divestment, and Sanctions movement. The moves have generated considerable debate from both pro-Israel and pro-Palestine movements. This debate has also involved constitutional scholars as to whether restrictions on BDS would constitute a violation of the First Amendment of the U.S. Constitution, which states that "Congress shall make no law...abridging the freedom of speech, or of the press, or of the right of the people to peacefully assemble". 

To gain balanced context on this argument, a healthy amount of background information is necessary. 


The Boycott, Divestment and Sanctions movement, officially, seeks "to end international support for Israel's oppression of Palestinians and pressure Israel to comply with international law." BDS believes that Israel practices a form of apartheid similar to the original system in South Africa, in place from 1948 to 1990. Strict economic sanctions and international boycott dragged apartheid South Africa into a deep recession. Considerable violence broke out between white and black South Africans until the government finally capitulated and transitioned from a venomously racist pariah state to a multi-racial liberal democracy between 1990 and 1994.


BDS supporters believe that the same method of protest can be applied to Israel. In their eyes, if Israel is put under sufficient economic pressure, the country will abandon the practices seen as prejudiced and belligerent. Critics of BDS complain that while institutional prejudice exists in Israel, the country is disproportionately singled out, pointing to the discrimination against the Kurdish minority spread out over Syria, Iraq, Iran and Turkey as well as the oppressive treatment of South Asian immigrants (Indians, Bangladeshis, Nepalis) in Qatar and the United Arab Emirates. Some even venture to compare BDS to the Nazi boycott of Jewish businesses as Adolf Hitler consolidated his power.



Is BDS antisemitic? Despite frequent accusations of antisemitism, BDS insists that it does not harbor hatred towards Jews. This question has been debated since the organization was founded in 2005, and the answer may not be a simple "yes" or "no".


The methods of protest mentioned in BDS's name are pretty standard. Boycotts are common and happen for all sorts of reasons. When investors observe business practices they don't want to associate with, they divest their holdings. When a country behaves belligerently or aggressively, they are often penalized with economic sanctions by other countries. These methods can be driven by prejudice. They are  certainly not inherently prejudiced, though.


However, BDS often oversteps legitimate criticism of the Israeli government and appeals to emotion through poorly thought out action which can be interpreted as prejudiced towards Israelis as a people rather than simply critical of decisions made by the Israeli government. 


For instance, Israeli actresses Gal Gadot and Natalie Portman have both run afoul of BDS. Gadot's breakout role in Wonder Woman ruffled feathers because of her previous service in the IDF.  Portman's decision to not accept the Genesis Prize because of her distaste for Prime Minister Netanyahu was claimed to be a bone thrown to BDS by some Israeli right-wing politicians, which she vehemently denied. If you're going to criticize Israel, it seems odd to focus on two actresses that are not involved in policy decisions. Gal Gadot isn't enacting security policy in the Knesset (Israeli Parliament), nor is she building settlements in the West Bank. She didn't even see combat during her conscription. Portman went out of her way to clarify that her disagreement was with Netanyahu, not Israel in general


BDS supporters on Twitter also bombarded Scottish actor Gerard Butler in an immensely cold and condescending manner. When Butler tweeted a picture of his obliterated Malibu home after the wildfires in California, he was shellacked with venomous comments implying that he deserved to have his house burn down for supporting the IDF in a fundraiser. 

This is where BDS loses the trail. Expressing frustration with the Israeli government's handling of the conflict with Palestine is one thing, but hounding an actress for serving legally-required military service is flippant and alienating. Equating another actress' frustration with her country's Prime Minister with wholesale boycott of that country when she explicitly denied supporting such a measure is opportunistic and misleading. Jeering at a man whose house burned down is, to put it lightly, below the belt. 

In their "Frequently Asked Questions" section of their website, one question asks "Isn't a boycott of Israel antisemitic?"

An excerpt from their answer to this question explains: "The world is growing increasingly weary of Israel's attempts to conflate criticism of its violations of international law with antisemitism and to conflate Zionism with Judaism. Israel is a state, not a person. Everyone has the right to criticize the unjust actions of a state."

It is correct that criticism of Israel is not always antisemitic. Israel is not a perfect country; far from it, actually. The IDF has committed its share of disproportionate responses worthy of independent investigation. Israeli settlements are alienating and provocative to Palestinians in the West Bank. Institutional prejudice and discrimination against Arabs are present in Israel. The current government, led by Prime Minister Benjamin Netanyahu, does not seem to prioritize peace. 

Let's examine that second part, though, about "conflating Zionism with Judaism". 


Zionism is a word that gets thrown around by scholars and conspiracy theorists alike, often with little context or explanation as to what it actually means. 


It actually has a relatively simple meaning. By definition, Zionism is a movement undertaken to establish a Jewish homeland in the historical "Land of Israel", a geographic region historically also known as Palestine. After the establishment of Israel as a sovereign state in 1948, Zionism became a set of beliefs concerned with advocating for Israel's security and defense. There are different types of Zionism as well, such as Labor Zionism, Liberal Zionism, Revisionist Zionism, and Religious Zionism. 


Technically speaking, you can be anti-Zionist and not antisemitic, but it's an awfully difficult tightrope to walk. Some Haredi Orthodox Jews oppose Zionism as too secular a movement, preferring that a Jewish state only be governed by Halakha (Jewish religious law) or to be established only after the Jewish Messiah re-appears. 


Outside these devoutly religious communities, however, that tightrope gets even thinner. Many refrains spouted by self-proclaimed "Anti-Zionists" would sound explicitly antisemitic if you replaced "Zionists" with "Jews". While Anti-Zionism doesn't have one simple interpretation, arguing for Israel to abandon its Jewish identity is extremely alienating to most Jewish Israelis. 


It is also important to remember that criticism of Israeli actions and anti-Zionism are not one and the same. Most of the political parties opposed to Israeli Prime Minister Benjamin Netanyahu are Zionist. His main competition in the 2015 elections came from the center-left Zionist Union party and the centrist, Liberal Zionist "Yesh Atid" party. One can be vehemently opposed to Israeli security policy but still believe the country should exist as its constitution defines it - a Jewish and democratic state. 


In theory, BDS uses legitimate methods of protest. In practice, however, they refuse to acknowledge, or at least do not do enough to address, the undercurrents of antisemitism in their movement and turn a blind eye to Palestine's shortcomings in the conflict. If BDS was to focus on opposing specific Israeli policies they saw as hurtful to the peace process rather than hounding actors and actresses as well as calling for a blanket boycott against Israel (which, let's not forget, is about 20% Arab), they may have a leg to stand on. That is not the case.


Flawed as BDS may be as an organization, it is still entitled to the provisions of freedom of speech. Restricting the right of the BDS movement to freely protest and publish materials goes against the spirit of free speech in the United States. If the organization is forced underground, it may further radicalize and be able to argue that it is being unfairly singled out.

Freedom of speech must include that which you disagree with. If pro-Israel activists want to lessen the influence of the BDS movement, it should be done with counterpoints and debate rather than legal restriction.


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