Lawfare Project Demolishes Claims of Palestine Legal and the Center for Constitutional Rights

The Boycott, Divestment and Sanctions (BDS) movement has routinely relied on arguments put forth by Palestine Legal and the Center for Constitutional Rights (CCR) in attempt to defend the legality of discriminatory anti-Israel business practices.

Specifically, these groups claim that any boycott of Israel, Israeli goods, or Israeli persons is protected by the First Amendment, and that the application of state anti-discrimination laws to prohibit or penalize BDS activities is unconstitutional. Analysis of these arguments, however, readily reveals their fatal deficiencies.

It is imperative that businesses and other entities contemplating the implementation of BDS practices understand these flaws, lest they find themselves subject to potentially crushing legal liability.

The Lawfare Project’s analysis, available here, focuses on the erroneous and professionally irresponsible arguments presented by Palestine Legal and CCR regarding New York State anti-discrimination law and its implications for BDS conduct.

We encourage you to share this document widely. Our goal is to inform businesses facing pressure to implement BDS practices of the very real legal and financial risks to which they would be exposed. Pro-BDS propaganda, disguised as legitimate legal work, must no longer be taken seriously.

Benjamin Ryberg