We are both American rabbis committed to the safety and security of Israel and its long-term flourishing alongside a Palestinian state that ensures that Palestinians, like Jews, can realize their national ambitions and their right to self-determination. . None of us boycott Israel or otherwise participate in the global boycott, divestment and sanctions movement.

Yet these laws have far-reaching ramifications that go far beyond the issue of boycotting Israel or any other country.

We believe that our constitutional right to free speech includes the protection of speech that we disagree with or even find offensive. Infringing on free speech to protect one’s own political interests ultimately erodes the First Amendment for all Americans.

We are already seeing this erosion in Texas where free speech is limited for political reasons, even beyond the issue of boycotting Israel.

Last September, the Legislature passed Senate Bill 19, a law restricting state contracts with companies that “discriminate against the firearms and ammunition industries.” This means that a company making the conscious decision to respond to the horrific massacre of schoolchildren in Uvalde (or the less sensational gun violence that kills an average of more than 120 Americans every day but rarely makes national headlines) by choosing not to invest in the firearms industry could find themselves unable to secure government contracts in Texas.

Indeed, Citigroup, which announced in 2018 that it would not do business with clients who sell weapons to those who failed background checks, now finds itself choosing between its financial interests and a commitment. morale to stem the proliferation of firearms. Other big banks, including JP Morgan Chase and Bank of America, are in similar situations.

Faced with the loss of major contracts with the state of Texas, it is likely that many companies will drop their principled objection to investing in firearms. Indeed, a law firm that represents companies in government contracts advises companies “to assess the impact of Texas Senate Bill 19 on their government contracting opportunities, and (to) expect and prepare for enhanced state regulation of corporate gun policies.”

This is bad news for those who, tired of federal and state government inaction, are turning instead to pressuring corporations to divest themselves of the gun industry. And it’s bad for those of us who believe in the democratic value of the First Amendment, which guarantees the right of Americans to express our values ​​and opinions in public.

The language of this law is a virtual copy-and-paste of the 2017 Texas law which, like Arkansas law, prohibited the state from doing business with companies that boycott Israel or Israeli-controlled territory, and which is now being challenged in court. (T’ruah, an organization one of us leads, filed an amicus brief with J Street in this case, as well as in the Arkansas case). A federal judge blocked enforcement. Using the same model, in September Texas also passed a law prohibiting the state from doing business with companies that engage in “energy discrimination,” that is, those that divest fossil fuels. States such as Louisiana, West Virginia, Oklahoma, Kansas and South Carolina introduced copycat legislation, thanks to an organized push from the US Legislative Council, best known for promoting model legislation for some of the lawmakers. the most conservative states.

More than 30 states have, like Arkansas and Texas, passed laws prohibiting or restricting state business with contractors who boycott Israel and/or territories it controls. The ACLU plans to call the decision in the Arkansas case. There were parallel, albeit unsuccessful, efforts to push similar bills through Congress. Although advocates of these laws claim to fight anti-Semitism and protect Jews, the most significant result of these laws is their success in suppressing speech critical of Israel, which is protected by the Constitution.

While a company that refuses to do business with Jews would certainly be guilty of unlawful discrimination, choosing not to do business with Israel is tantamount to boycotting Russia for its invasion of Ukraine, or Florida for its law. Don’t Say Gay,” or China on its use of Uyghur slave labor. You can choose to participate in or avoid such boycotts; both choices are protected by the First Amendment.

A true commitment to the Bill of Rights compels us to uphold the principles of free speech even, and especially, in cases of speech with which we disagree. Anti-boycott laws have already opened the door to laws in Texas and beyond that will keep more dangerous guns off the streets and more fossil fuels polluting our planet. Whatever our opinion on boycotting Israel or any other country, we must protect the First Amendment for all of us, lest its crucial protections disappear altogether.

Rabbi Oren J. Hayon is the senior rabbi of Congregation Emanu El in Houston. Rabbi Jill Jacobs is the CEO of T’ruah: The Rabbinical Appeal for Human Rights.