More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Boaz Yakin

GET UPDATES FROM Boaz Yakin
 

Who's to Blame for the Israeli "Boycott Law"?

Posted: 07/20/11 11:57 AM ET

I've got a habit that is shared by a great many Jews both in Israel and abroad: when a fellow tribesman invents something of great value, creates a groundbreaking work of art, or, far more infrequently, triumphs improbably in some international sporting event, we are inordinately proud. Conversely, when a Jew does something particularly infamous and vile, we are incredulous and disheartened. I still remember the dismay that gripped my parents and their friends in that long, hot New York summer when we learned that the madman responsible for the city's shocking rash of serial murders was named David Berkowitz -- and then what a lifting of spirits there was upon learning that he had been adopted!

"Of course!" I heard repeated countless times in countless Upper West Side apartments -- "He couldn't have been born Jewish."

So how to explain the behavior of the forty-seven members of the Israeli parliament who just voted to pass the "Boycott Law"-- a virulently anti-democratic, intellectually and spiritually corrupt legislation directed against its own citizens' freedom? I'd like to believe they were all adopted -- but somehow, alas, I suspect it not to be the case. Jews, of course, are capable of being as myopic and self-destructive as any of the multitude of enemies past and present we conjure up in every prayer session, on every holiday, at every heated political discussion.

In passing this law, with its intentional vagueness, the government has declared war not only on its own citizens' freedom of speech and expression, but on language itself, in a manner that matches the satirical imaginations of Franz Kafka, Joseph Heller and George Orwell. The government has decided that should an individual or organization call for or support a boycott of the State of Israel, or more to the point, any part of the State of Israel that the current Israeli government has decided constitutes a part of the State of Israel, it can be punishable by fines, provoke legal action and result in, well, a boycott of that individual or organization by the State of Israel. The aggrieved party or parties don't even have to prove damages -- they just have to go to court and complain to whomever might be presiding over such a case at such a time, and, I suppose, depending on the political sensitivities of whomever it is presiding over such a case at such a time, a number will be conjured and charged. Which I believe makes this the first law I've heard of in this ostensible democracy that potentially makes it a punishable offense for itself to be publicly disagreed with.

I mean, for instance, I can publicly disagree with a law that makes it a crime to shout "fire" in a crowded theater, or, even more dangerously, to call for violence toward an individual or group. In disagreeing with such a law, I am not shouting in a theater, or calling for violence toward anyone, and there are no legal repercussions. Even if I disagree with such laws not on the grounds of a belief in freedom of speech but because I believe one should be free to shout in a theater or call for violence to be done, I am still not in violation of the law so long as I am not calling for such action -- only disagreeing with the criminalizing of it. The "Boycott Law," on the other hand, takes things to a whole new level.

Let's say an influential individual -- a businessman, an artist, a politician -- publicly disagrees with the law because, in fact, ideologically he is favor of some particular boycott or another. Bang! An aggrieved party, in tandem with the government itself, can step forward and claim that by publicly stating his opposition to the law this individual is, in effect, promoting a boycott against the aggrieved party. So let's change this influential individual's motivation for a moment -- let's say he is against the law not because of a support for any particular boycott, but because he believes the law to be undemocratic. Bang! An aggrieved party, in tandem with the government, can still come forward and say -- "Who cares what his reasons are for opposing the law? He's a prominent figure, and by openly opposing this law he is influencing those who might be outraged by such a law to actually call for a boycott!"

And this doesn't even begin to describe the impact of this legislation on the rights of expression of the hundreds of thousands of ordinary citizens either directly employed by the government or whose livelihoods are tangentially connected to it. Freedom of speech is a memory. Israel is well on its way down the slippery slope into a totalitarian nightmare.

When Hitler did it, we could blame the Germans. When Mao did it, we could blame the Chinese. When the Kremlin did it, we could blame the Russians. When McCarthy did it, we could blame the Irish. But this time -- barring the unlikely event that the forty-seven members of the Knesset who voted for this law were all adopted -- we can only blame ourselves.

 
 
 
  • Comments
  • 36
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2  Next ›  Last »  (2 total)
05:50 PM on 07/24/2011
Even the United States has a law against boycotting Israel.

You leftists are selective whenever it comes to laws aren't you.

Israel will not let itself be deligitimazed by foreign agents channeling monies into bash Israel at every opportunity under the guise of so-called leftists.

The bible is correct when stating that from your "own" will evil sprout.
photo
HUFFPOST COMMUNITY MODERATOR
cinemaven
Mom, wife, social & political activist, writer...
10:59 PM on 07/21/2011
Beautifully said Boaz. I look forward to more articles from you
03:03 PM on 07/21/2011
.....a militant.....totalitarian nightmare.
05:45 PM on 07/21/2011
Just like all the Arab regimes, but of course not.
photo
HUFFPOST SUPER USER
NTT
Fighting rants with facts
10:45 AM on 07/21/2011
One of the reasons I despise political extremes (both right & left) is their love of exaggeration, their penchant for conjuring huuuuuge impending disasters if one ever "deviates" one mil from their notion of ideological "purity".

One does not have to agree with anything, of course; and one can (and should) express one's disagreement. But can't you do it in a balanced, measured, dignified and reasonable way??? Comparing this with Hitler?? Proclaiming that "freedom of speech is a memory" -- even while aboundantly using freedom of speech to broadcast such gargantuan exaggerations? Oh, pleeeease!
10:22 AM on 07/21/2011
I sympathize. It's about money isn't it? Just like the veggie hate crimes bill that failed in the US because it was so absurd. It seems that, unfortunately, your leadership is a little more desperate and has gone a little further down a false way.
HUFFPOST SUPER USER
Donncha O Giobuin
05:09 AM on 07/21/2011
I fail to see how anyone could blame the Irish for McCarthy.
HUFFPOST SUPER USER
Freenation
06:33 PM on 07/20/2011
"what a lifting of spirits there was upon learning that he had been adopted!"

and what is the verdict on maddoff?
This user has chosen to opt out of the Badges program
photo
08:11 PM on 07/20/2011
We have our bad apples, who does not?
But you know them all by name, you've printed and memorized...
Want one more? I did not pay my speeding ticket yet, it's like I'm stealing $113 from the state.
photo
SamSeven
You're either with Humanity or you're not.
06:23 PM on 07/20/2011
Thank you for stating the obvious which others dont see in plain sight.
photo
Marcus047
inter arma enim silent leges
06:18 PM on 07/20/2011
It's not a matter of who's to blame, blame is irrelevant. It's who's responsible, and will they be held responsible. Luckily, the courts will most likely overturn the law, as it's just a bad law, that benefits only a small segment of the israeli population and harms the majority of the israeli population.
HUFFPOST SUPER USER
Rianna
05:02 PM on 07/20/2011
Great article. I really appreciate the fact that you are honest and able to take part of the blame for what has gone wrong. That is indeed refreshing here, because as you may have noticed it sounds like many comments indicate that Israel is blameless, and the excuses keep pouring in, some too ridiculous to respond to. You cannot do the same thing over and over and expect something to change. There are times for inner reflection, and self criticism, and I mean that from both sides. It is crucial that the people from both sides are given a chance to live in peace, and for the Palestinians to be released of their shackles. If the leaders on both sides don't see this, there is absolutely no chance for peace in that region. Greed, arrogance, and violence, surpasses the needs of the people.
Thank you for speaking out.
photo
HUFFPOST SUPER USER
Gracie fr
03:57 PM on 07/20/2011
Thank you Boaz Yakin for being forthright....
02:00 PM on 07/20/2011
Actually, the anti-Boycott law that was recently passed by a majority vote in Israel's parliament, the Knesset, is very similar to the bill passed in the US Congress. The US bill considers those calling to boycott Israel criminals whose act may be punished by imprisonment. Israel's law, one designed to protect the tiny liberal democratic nation-state of the Jewish people from those eager to inflict harm upon it, only expects violators to pay a fine.

Isn't it the right of a small democracy to protect itself, especially when done through the use of the same democratic and legal means used by Israel's larger ally...??
HUFFPOST SUPER USER
lbsaltzman
Permaculture and Sustainability
01:54 PM on 07/20/2011
The origins of this law is the occupation. The occupation of Palestine, like all occupations, is a cancer eating away at democratic institutions. Israel cannot simultaneously be a democracy and engage in ethnic cleansing and occupation as it is doing in Palestine.
photo
Vlady
Better Late
03:30 PM on 07/20/2011
>>The origins of this law is the occupation

...as much as The Origin of Species by Charles Darwin was preoccupation with apes
12:14 PM on 07/20/2011
The law is a disaster, whether for internal or external use, civil or criminal, subject to revision by legislators, or review by the courts.

Radical ideologues passed the law, and it speaks volumes about their mentality.

It is right wing overreach and a stain on an already delegitimized Israel.
Occupiers trying to punish critics of their illegal land grabs are damaging the whole countrys reputation.

I fully support boycotts, divestment and sanctions against Israel as long as the illegal occupation continues.
photo
HUFFPOST SUPER USER
GZLives
03:37 PM on 07/20/2011
"I fully support boycotts, divestment and sanctions against Israel as long as the illegal occupation continues."

Occupation of what?
There is no occupation and certainly nothing illegal
Tony Andrews
Ὁ βίος βραχύς, ἡ δὲ τέχν
03:45 PM on 07/20/2011
Your specs are so dark that they have rendered you blind, so I doubt you will be able to read this response.

Google "occupied Palestinian territories".
photo
SamSeven
You're either with Humanity or you're not.
06:25 PM on 07/20/2011
And the sun alway shines on TV right.
05:23 PM on 07/21/2011
I love that word "illegal." The Arab supporters use it all the time. The "illegal" wall separating the civilians from the suicide terrorists. The "illegal" Gaza blockade separating Hamas from the Iranian weapons, or the "illegal" checkpoints keeping terrorists from entering Israel. The term "illegal" is used to describe any action Israel takes to defend its citizens.
11:41 AM on 07/20/2011
Right wing governments in any country will move that country away from democracy and freedom and towards totalitarianism.  That's the very definition of the right wing.  They are pro-autocracy.
02:07 PM on 07/20/2011
lightning - - Some conservatives in the US and elsewhere favor sensible spending on "defence", rather than the idiotic levels that obtain in the US today. And colossal "defence" establishment is undermining the Republic.
03:08 PM on 07/20/2011
Yes, but they also want the government in your bedroom and in your uterus.