(Kol HaBirah) Alyza D. Lewin - The American Civil Liberties Union argues that the Arizona law requiring all businesses who want to contract with the state to certify that they do not engage in a boycott of Israel violates the free speech clause of the First Amendment of the Bill of Rights. Federal, state, and local governments across the U.S. regularly use conditions in government contracts to promote equality under the law, combat discrimination, and ensure that public funds are not used for invidious purposes. Conditions on contracting are a pillar of anti-discrimination laws. The First Amendment does not require the government to subsidize discriminatory conduct. These regulations only target discriminatory conduct, not speech, by state contractors. Contractors may speak passionately and advocate openly in any forum and on any subject, even an anti-Israel boycott. But discrimination is not protected speech. Private discrimination on the basis of national origin, religion, gender, and other classifications is prohibited in employment and public accommodations by the Civil Rights Act of 1964. The ACLU argues that government must subsidize discriminatory conduct. But government must have the power to discourage discriminatory boycotts by prescribing non-discrimination conditions in government contracts. The writer is President and General Counsel of the Louis D. Brandeis Center for Human Rights Under Law in Washington.
2019-01-24 00:00:00Full ArticleBACK Visit the Daily Alert Archive