KING: Laws that penalize for Israel boycotts aren't just short-sighted, they may be illegal 

Israeli Prime Minister Benjamin Netanyahu attends a weekly cabinet meeting in Jerusalem. (Dan Balilty/AP)

Some of my best friends are Jews and some of my best friends are Muslims. Many of them are actually first- and second-generation immigrants from Israel and Palestine. Over the past year I've come to know and develop deep respect for Jonathan Greenblatt, CEO of the Anti-Defamation League. I was introduced to Jonathan by a young Muslim imam, who fights for peace and justice with a disarmingly calm warmth. Over the past year I've fought hard against both anti-Semitism and Islamophobia in our country and around the world.

In spite of my recent reputation as a rabble-rouser, I've aimed to be a bridge builder for most of my life, in great part because I've always lived at the intersection of cultural poles — black and white, religious and secular, urban and rural, modern and traditional. That's why I want to lay all of my cards on the table about a complicated conflict, a peaceful response, and a legislative backlash that I simply cannot agree with. I am not an expert on these topics — I am simply a man who loves justice and fairness for all people — and want to begin fleshing out some thoughts on these topics.


The conflict between Israel and Palestine is severe, serious and heavily politicized. Like most heavily-charged political issues, few people are listening to each other or taking the time out to understand each other's pain or concerns.

The Palestinian people should have a universally recognized nation with clearly drawn and respected borders, and the rights of a government that come with being a sovereign nation. This is widely called a two-state solution — wherein Israel and Palestine exist as two separate, but equally recognized nations before the world.

This past December, by a vote of 14-0, the United Nations Security Council voted that Israeli construction and intrusion into Palestinian settlements occupied since 1967 are illegal and inflammatory. I agree. The world agrees. Two-thirds of Israelis prefer a two-state solution — therefore advocating a two-state solution simply cannot be anti-Semitic or anti-Israel when millions of Jews in Israel and around the world actually prefer it.

An artist draws a mural on the rubble of a building in a Palestinian city.
An artist draws a mural on the rubble of a building in a Palestinian city. (MAHMUD HAMS/AFP/Getty Images)

But, here we are, with a two-state solution seemingly as far away as sending humans to Mars. So real people who genuinely want a two-state solution and are genuinely offended that Israel continues to build and expand into Palestinian lands are offended. Instead of resorting to violence or war, they are choosing to resort to economic boycotts, sanctions, and the advocacy of divestment as a means of motivating Israel to actually honor the borders and make a two-state solution happen.

Here's what I know — boycotts work. The boycott of the State of North Carolina because of their passing of House Bill 2, which discriminated against transgender people, worked. The boycott efforts were supported by New York Gov. Cuomo and New York City Mayor de Blasio, alongside hundreds of other businesses and governments. It took a while, but the state buckled under the economic pressure they were feeling and has greatly revised the law.

Boycotts worked with Fox News and Bill O'Reilly. It was the organized resistance against the network and their advertisers that truly forced Fox to part ways with their leading man. Nothing new happened. Accusations of O'Reilly's alleged sexual harassment of employees was widely reported. What was new was advertisers pulling out.

So, the movement for people who care about Palestinians to boycott Israel is rooted in the same principles. A movement around this boycott, called BDS (Boycotts, Divestment, and Sanctions) has been formed. At times it has been clumsy. Boycotts can be that way — particularly since they don't have a clear leader — I see it even with the boycotts of Bill O'Reilly and others.

Demonstrators rally against the House Bill 2 in North Carolina.
Demonstrators rally against the House Bill 2 in North Carolina. (Robert Willett/AP)

I know good people, peaceful people, thoughtful people, some are Palestinian Muslims, but many are neither, who genuinely think boycotts, divestment, and sanctions against Israel to force them to withdraw from Palestinian lands and agree to a two-state solution are the best path forward. I agree with them. It is the most peaceful solution. Boycotts are a tremendous alternative to war and violence — which we must avoid at all costs.

My friends who advocate boycotts use the anti-Apartheid movement as their model. The boycotts and divestment of South Africa during Apartheid mattered. It made a difference. It was a huge part of why Apartheid ended. Some who don't quite know what's going on in Israel will say, "well that's not Apartheid going on over there." I implore you to read "Palestine: Peace Not Apartheid" by Jimmy Carter. Carter says very clearly that many policies in Israel are actually worse than Apartheid.

The greater point I'm aiming to make is that we must keep all peaceful solutions on the table. Boycotts are just that.


That is why I am incredibly disturbed that Texas is poised to become the 20th state in the country to penalize companies participating in boycotts of Israel. Each law that has passed is different. Some explicitly mention the "BDS Movement," while most others simply declare that no government business can be conducted with any person, business, or organization that advocates any type of boycott of Israel.

The newly opened hotel shows Israel's controversial separation wall.
The newly opened hotel shows Israel's controversial separation wall. (THOMAS COEX/AFP/Getty Images)

This is a painful example of state governments bending over backward to appear pro-Israeli while flat out ignoring the human rights catastrophe going on in the region because of a lack of two-state solution. This is not a one-sided issue, but states are going out of their way to show which side they are on. Again, it displays an ignorance of sorts on what actual people in the region think and feel about it all. The announcements and celebrations of each piece of legislation are even worse — as local government officials pledge their loyalty to the people of Israel — while most of the world, including most Israelis, see the situation very differently.

Not only that, but state governments may very well be violating the First Amendment right to free speech in creating binding penalties for anyone who supports boycotts of Israel. In case you don't remember, it reads that our government shall "make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

When governments create harsh penalties for boycotts, or the advocacy of boycotts, they are "prohibiting" and "abridging" such freedoms. This is not OK. And the policies work. Even I had many conflicted thoughts about writing this article — wondering if doing so would blacklist me in any states — including my own right here in New York. Because let's be clear, that's exactly what many states are doing. They openly admit that they are creating lists of people, businesses, and organizations that they will then block from business. Am I now on those lists for even discussing it here in this piece? I don't know.

I do know I want Israel to be safe and secure. I actually believe a two-state solution with Palestine gets them, and everybody around them, closer to that goal. Instability, which is what we have in Palestine right now, is the enemy of safety and security.


I also know that boycotts work and that they are a peaceful alternative to so much ugliness that could go down in the world. It is fundamentally anti-American and unconstitutional for governments to create penalties for anyone advocating boycotts — particularly as those same governments often promote boycotts of their own on different topics and issues. In other words, they don't have a problem with boycotts, but if you boycott someone they prefer, you're in trouble. This double standard creates a slippery slope, but our entire country is on one big, slimy, slippery slope right now anyway, right?