Suppressing Dissent
How the Israel lobby criminalizes free speech, boycotts, and criticism of a foreign government on American soil. 35+ states have made it illegal to boycott one specific country. All documented with ACLU filings, HRW reports, and legislative records.
Anti-BDS Laws
35+ US states have enacted anti-boycott legislation that penalizes businesses, contractors, and individuals who boycott Israel. These laws require Americans to give up their First Amendment right to political boycott as a condition of doing business with their own state government.
The proposed federal Israel Anti-Boycott Act would have made boycotting Israel a federal crime punishable by up to $1 million in fines and 20 years in prison.
Public Contract Bans
Companies and sole proprietors must sign a written pledge certifying they will not boycott Israel as a condition of receiving any state government contract.
Divestment Mandates
State pension funds are required by law to divest from any company that boycotts Israel or Israeli settlements.
Settlement Protections
Anti-boycott protections extend to Israeli settlements in the occupied West Bank — territories considered illegal under international law.
“These laws are not designed to prevent discrimination — they're designed to discriminate against disfavored political expression.”
— American Civil Liberties Union (ACLU)
Sources: ACLU, Human Rights Watch, Palestine Legal, Newsweek
The IHRA Weapon
The IHRA adopted a “working definition of antisemitism” in 2016. It was explicitly labeled “non-legally binding.” But governments are codifying it into law anyway.
Kenneth Stern, the lead drafter, has publicly opposed its use in legislation, saying it was never intended to police campus speech.
1,200+ Jewish academics signed an open letter opposing codification.
Harvard Forced to Adopt IHRA
Harvard agreed to adopt the IHRA definition as part of a lawsuit settlement.
NYC Mayor Mamdani Revoked IHRA
Revoked the city's adoption, calling it a threat to free speech.
Sources: Responsible Statecraft, IMEU, DAWN, The Guardian
Campus Crackdowns
Arrests & Suspensions
Students arrested, suspended, and expelled for Palestine solidarity protests at Columbia, UCLA, UT Austin, and dozens of other universities.
Professor Targeting
Professors investigated, disciplined, or denied tenure for criticizing Israeli policy. Canary Mission and other blacklist sites publish dossiers on academics who speak out.
Donor Pressure
Billionaire donors threaten to pull funding from universities that allow Palestine solidarity events. Several university presidents have resigned under this pressure.
The Chilling Effect
Widespread self-censorship among students and academics who fear professional consequences for speaking on Palestine.
Sources: Palestine Legal, ACLU, The Intercept, The Guardian
The Contradiction
| Country | US Anti-Boycott Laws | Can Americans Boycott? |
|---|---|---|
| Russia | None | Yes |
| China | None | Yes |
| Saudi Arabia | None | Yes |
| Iran | None | Yes |
| North Korea | None | Yes |
| Israel | 35+ state laws | No (35+ states) |
During apartheid South Africa, boycotts were celebrated as an exercise in democratic values. Today, using the same nonviolent tool against Israeli policy is punishable by law in the majority of American states.
Jewish Critics of IHRA Codification
Antisemitism is real and must be fought. But criticism of a government's policies is not hatred of a people. Using antisemitism accusations to silence criticism weakens the fight against real antisemitism.
“The definition was never intended to be a tool to target or chill speech on a college campus. Weaponizing it turns the definition into a tool against the very values it was meant to protect.”
Kenneth Stern— Lead drafter of the IHRA definition
“Anti-boycott laws are a direct attack on our First Amendment rights. As Jews, we know that the right to protest injustice — including through boycotts — is fundamental to a free society.”
Jewish Voice for Peace— Jewish anti-occupation organization
“We are scholars who study antisemitism, the Holocaust, and related subjects. We write to express our firm opposition to the codification of the IHRA definition of antisemitism into law, regulation, or official policy. It risks chilling speech and undermining academic freedom.”
1,200+ Jewish Academics— Open letter opposing IHRA codification
Frequently Asked Questions
What are anti-BDS laws and how many states have them?
Anti-BDS laws are state-level legislation that penalizes individuals, businesses, or organizations that boycott Israel. As of 2026, 35+ US states have enacted some form of anti-boycott legislation. These laws take two primary forms: public contract bans (requiring companies to certify they will not boycott Israel as a condition of receiving government contracts) and divestment mandates (requiring state pension funds to divest from companies that boycott Israel). 17 of these states explicitly extend protections to Israeli settlements in the occupied West Bank, not just Israel proper. The ACLU has challenged these laws in multiple states as violations of First Amendment protections. Sources: ACLU, Palestine Legal, Human Rights Watch.
What is the IHRA definition of antisemitism and why is it controversial?
The International Holocaust Remembrance Alliance (IHRA) adopted a 'working definition of antisemitism' in 2016. It includes 11 illustrative examples, 7 of which specifically target criticism of Israel — such as calling Israel a racist endeavor, comparing Israeli policy to Nazi policy, or holding Israel to standards not applied to other nations. The definition was explicitly labeled 'non-legally binding,' but governments and institutions are codifying it into law and policy anyway. Kenneth Stern, the lead drafter of the definition, has publicly opposed this use, saying it was never intended to police speech on college campuses or restrict academic freedom. Over 1,200 Jewish academics signed a letter opposing codification. Sources: IMEU, Responsible Statecraft, Wikipedia IHRA definition.
Can you be punished for boycotting Israel in the United States?
Yes, in 35+ states. If you are a government contractor, sole proprietor, or small business owner, you may be required to sign a pledge that you will not boycott Israel in order to receive a government contract. In several documented cases, individuals lost contracts or were denied government work for refusing to sign. A proposed federal law, the Israel Anti-Boycott Act, would have made boycotting Israel a federal crime punishable by up to $1 million in fines and 20 years in prison — though this specific provision was later amended after public backlash. No comparable laws exist for any other country. Sources: ACLU, Newsweek, Palestine Legal.
Is criticizing Israel the same as antisemitism?
No. Antisemitism — hatred of Jewish people — is real, dangerous, and must be fought. But criticism of a government's policies is not hatred of a people. This distinction is recognized by major Jewish organizations including Jewish Voice for Peace, IfNotNow, and the 1,200+ Jewish academics who opposed codifying the IHRA definition into law. Kenneth Stern, who drafted the IHRA definition, has explicitly stated that using it to suppress campus speech 'turns the definition into a weapon against the very values it was meant to protect.' Conflating legitimate political criticism with antisemitism actually weakens the fight against real antisemitism by diluting the term. Sources: Jewish Voice for Peace, IfNotNow, Kenneth Stern (The Guardian), DAWN.
Does any other country have this level of legal protection in US law?
No. Israel is the only foreign country for which US states have enacted laws penalizing boycotts. There are no anti-boycott laws for Russia, China, Saudi Arabia, Iran, North Korea, or any other nation. During apartheid South Africa, boycotts were a central tool of the anti-apartheid movement and were protected as free speech. The asymmetry is without precedent: 35+ state legislatures have passed laws protecting one specific foreign government from the nonviolent political expression of American citizens. Sources: ACLU, Human Rights Watch, Palestine Legal.
Sources
ACLU: Anti-BDS law challenges, First Amendment analysis — aclu.org
Human Rights Watch: Anti-boycott legislation reports — hrw.org
Palestine Legal: Legal threats and censorship documentation — palestinelegal.org
IMEU: IHRA definition analysis and history — imeu.org
Responsible Statecraft: IHRA weaponization reporting — responsiblestatecraft.org
DAWN: Democracy for the Arab World Now — free speech analysis — dawnmena.org
Newsweek: Israel Anti-Boycott Act reporting — newsweek.com
The Guardian: Kenneth Stern op-eds on IHRA misuse — theguardian.com
Jewish Voice for Peace: Anti-boycott law opposition statements — jewishvoiceforpeace.org
IfNotNow: Jewish opposition to anti-BDS legislation — ifnotnow.org