Anti-BDS Law Update, HB 1058

BILL STATUS: House Governmental Affairs Committee Favorably Reported by Substitute (as of 3/12/2020)

HB 1058, which amends the Anti-Boycott, Divestment, and Sanctions (BDS) law that Georgia has on the books, was introduced shortly before Crossover Day in the House. This bill targets First Amendment rights as it requires individuals contracting with the State of Georgia to sign a pledge not to boycott Israel. BDS is a Palestinian-led movement seeking to put economic and political pressure on Israel to put an end to the Israeli occupation of Palestine.

Anti-BDS laws are severely problematic. They raise First Amendment concerns, are unconstitutional, and are issued only in greater support of the Israeli government and its occupation of Palestine, which further diminishes the existence of Palestinians, leaving them as indigenous people with no homes. The Constitution explicitly states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abiding to the freedom of speech, or the press; or the right of the people peacefully to assemble, and to petition the government for a redress of grievances.” Thus, making HB 1058 unconstitutional.

Recent reports show that the district courts in Arizona and Kansas have found that boycotts against Israel are protected by the First Amendment and should be allowed. Per Arizona’s court system “when a statute requires a company, in exchange for a government contract, to promise a refrain from engaging in certain actions that are taken in response to larger calls to action that the state opposes, the state is infringing on adverse conduct that brings attention to and raises first amendment concerns.”

We at Asian American Advocacy Fund stand firm in our stance against any and all anti-BDS laws and urge our community members to voice your concerns to your representatives.