Wednesday, January 30,
2019
"We're
Here to Help": ACLU Schools Marco Rubio on First Amendment Rights and His
Anti-BDS Bill
"We urge you and your colleagues to focus on protecting the
First Amendment rights of Americans, rather than undermining them," ACLU
tells Florida Republican
Sen.
Marco Rubio (R-Fla.) seen here on February 23, 2016. (Photo: Gage Skidmore/flickr/cc)
The
ACLU took to social media on Wednesday to refute Sen. Marco Rubio's (R-Fla.)
assertion that the rights group's opposition to his anti-boycott legislation is
"baseless," and offer him some guidance on understanding the First
Amendment.
The
bill, S.1, advanced on Tuesday with the help
of 25 Democrats, and includes the Combating BDS Act of 2019, which allows state
or local governments to punish entities using boycotts, divestments, or
sanctions to protest the Israeli government's policies.
While
Rubio and others have continued to support the bill, the ACLU argues the
anti-BDS measure "violates the core principle" at the heart of the
Constitution's free speech protections. "The government cannot," the
group notes, "dictate to its citizens which causes they can and can't support."
With
all due respect, @MarcoRubio
– it seems like you don't understand your own bill, or the First Amendment.
That's troubling, but we're here to help.
That's troubling, but we're here to help.
The
Combating BDS Act encourages states to pass unconstitutional laws punishing
businesses AND individuals who participate in politically motivated boycotts
against Israel. These laws have already violated the First Amendment rights of
teachers, newspapers, and even students.
Was
it just “commercial activity” when civil rights activists boycotted segregated
restaurants? Was it just “commercial activity” when businesses and individuals
boycotted apartheid South Africa?
NO. It was speech protected by the Constitution.
NO. It was speech protected by the Constitution.
Your
bill violates the core principle of the First Amendment: The government cannot
dictate to its citizens which causes they can and can’t support.
That’s not “baseless” – it’s grounded in the Constitution, our history, and two recent federal court decisions.
That’s not “baseless” – it’s grounded in the Constitution, our history, and two recent federal court decisions.
Your
bill violates the core principle of the First Amendment: The government cannot
dictate to its citizens which causes they can and can’t support.
That’s not “baseless” – it’s grounded in the Constitution, our history, and two recent federal court decisions.
That’s not “baseless” – it’s grounded in the Constitution, our history, and two recent federal court decisions.
We
urge you and your colleagues to focus on protecting the First Amendment rights
of Americans, rather than undermining them, @MarcoRubio. That means reconsidering the
Combating BDS Act.
Other
advocacy groups have spoken out against S.1 as well, including Jewish Voice for Peace. Sen. Bernie Sanders
(I-Vt.), meanwhile, is among the lawmakers who've opposed the measure. In a
tweet this week, Sanders said, "we must defend every American's
constitutional right to peacefully engage in political activity. It is clear to
me that S.1 would violate Americans' First Amendment rights."
This
work is licensed under a Creative Commons Attribution-Share Alike 3.0 License
This work is licensed under a Creative Commons Attribution-Share
Alike 3.0 License
Donations can be sent
to the Baltimore Nonviolence Center, 325 E. 25th St., Baltimore, MD
21218. Ph: 410-323-1607; Email: mobuszewski2001 [at] comcast.net. Go to http://baltimorenonviolencecenter.blogspot.com/
"The master class
has always declared the wars; the subject class has always fought the battles.
The master class has had all to gain and nothing to lose, while the subject
class has had nothing to gain and everything to lose--especially their lives."
Eugene Victor Debs
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