“Dangerous precedent for free speech”: NJ Gov. Chris Christie signs law punishing boycotts of Israel

Salon – by Ben Norton

New Jersey Gov. Chris Christie has signed bipartisan-backed legislation that will punish groups that endorse a boycott of Israel in protest of its violations of Palestinian human rights. Christie, who is one of the most outspoken supporters of far-right Republican presidential candidate Donald Trump, signed the bill on Tuesday.

It requires the New Jersey government to identify companies that support a boycott of Israel, raising fears that it would create a “blacklist” of institutions that back the growing Boycott, Divestment and Sanctions, or BDS, movement.

Under the new law, the State Investment Council, which manages more than $80 billion in pension assets, is legally obligated to divest from these blacklisted companies.

Legal groups say the legislation is likely unconstitutional.

The state branch of the American Civil Liberties Union, or ACLU, blasted the legislation as “a dangerous precedent for New Jerseyans’ free speech.” It warned that the bills, S1923/A925, raise “serious constitutional concerns.”

“The ACLU-NJ strongly opposed this blacklist bill, and we now strongly oppose this blacklist law,” said Alexander Shalom, a senior staff attorney at the civil liberties group, in a statement.

“This legislation requires the state to punish companies because of the beliefs people there hold rather than any action they have taken,” he explained.

Shalom added, “Now, the New Jersey government will be authorized to open investigations into people’s speech and beliefs to tell whether a company’s choice not to do business with Israel was based on political beliefs or other reasons, and to punish companies based on what they find.”

Civil liberties groups have been monitoring the wave of anti-BDS legislation that has grown across the country, with the support of pro-Israel groups. The language in many of the bills is often very similar to that used in materials created by pro-Israel organizations.

There is a largely bipartisan consensus in support of these potentially unconstitutional bills, coming from both sides of the aisle. Gov. Christie is a hard-line Republican, but New Jersey’s Democrat-led legislature passed the bill by a sizeable majority in June.

Legal advocacy group Palestine Legal, which has been closely watching the government’s anti-BDS trend, slammed New Jersey’s new law.

Rahul Saksena, a staff attorney at Palestine Legal, told Salon the legislation “will require the state of New Jersey to investigate political viewpoints and withhold investments from companies based on those political viewpoints. In doing so, it will unconstitutionally punish and chill First Amendment-protected activity.”

“The right to speak out and to engage in robust debate about important political issues — including through boycotts — is a cornerstone of democracy and is enshrined in our Constitution,” he said.

Saksena added, “It’s alarming that Governor Christie has so eagerly trampled on this right.”

Christie stood by his decision. While signing the bill on Tuesday, he said, “Israel is the beacon of democracy in a region that is constantly in turmoil.” The governor noted that New Jersey does $1.3 billion in trade with Israel every year, and called it the U.S.’s “one, true and best friend.”