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From the United States to Europe, Criticizing Israel Is Becoming a Crime

by Kit Klarenberg 
 
Part 3 - ‘Targeting Critics’
 
Such brazen pro-Israeli lawfare is a longstanding tradition in modern American politics. In 1977, two amendments to the Export Administration Act and the U.S. Tax Code were passed. In theory, they prohibited U.S. citizens and companies from complying with foreign boycotts against any country considered “friendly” to Washington. In reality, it was specifically intended to counteract the long-running embargo of Israel by the Arab League. Most U.S. allies adopted the prohibition, in some cases ironically damaging their relations with Israel.

Then in 1987, Ronald Reagan designated the Palestine Liberation Organization (PLO)—at the time recognized almost universally as the Palestinian people’s legitimate representatives—a terrorist entity, but enacted a waiver the next year permitting “contact” between White House officials and the group.

This fudge meant the Organization was forced to shut down its D.C. office and cease most of its formal international diplomatic and fundraising initiatives, but allowed U.S. authorities to continue to engage with its leadership without legal repercussions.

There are sinister historical echoes, too, in yet another post-October 7 Congressional move in the U.S. On December 12, 2023, Mariannette Miller-Meeks, a fervently pro-Israel lawmaker who has received vast sums from the Israeli lobby while cosponsoring and voting in favor of multiple pro-Israel measures that critics argue suppress Palestinian rights and run afoul of the First Amendment, proposed H.R. 6578. It calls for the creation of an official “Commission to Study Acts of Antisemitism” in the U.S.

The legislation’s clauses exclusively refer to “antisemitism” in the context of criticism of Israel’s actions in Gaza after October 7. Its accompanying press release clearly shows that Palestine solidarity activists are its intended targets, particularly college and university students. Under its auspices, a formal Congressional investigation into opposition to Israel among U.S. citizens and organizations would be instigated, and any witness subpoenaed to give evidence would be barred from invoking their constitutional right to remain silent under questioning.

Lara Friedman, Middle East Forum for Peace President, slammed the proposal as a malign attempt to construct a modern equivalent to the infamous House Un-American Activities Committee (which investigated suspected supporters of communism during the Cold War). Established by Senator Joe McCarthy in 1938, the Committee probed the political leanings of private citizens, state employees, and public and government organizations. In the process, countless careers and lives were destroyed. Friedman charges H. R. 6578 will, by design, do the same—“but this time targeting critics of Israel.”
 
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