The Israeli strangulation and bombardment of Gaza has prompted waves of opposition across the world, with rallies in support of Palestine from Jakarta to Caracas and everywhere in between. In the West, where our governments and other major institutions back Israel’s actions to the hilt, protesters’ free speech rights have been under attack. The governments of France, Germany, and the United Kingdom have each prohibited or limited demonstrations. Germany has banned rallies and even invoked the struggle against antisemitism to target Jews who dissent from the murderous policies of the self-proclaimed Jewish state.
Thanks to the First Amendment, the United States has faced much less of this problem of direct state suppression — though the battle is ongoing, with courts’ records on legalizing or banning actions related to boycott, divestment and sanctions of Israel producing mixed results thus far. But the First Amendment only protects against suppression of speech by the government: it offers no protection against private power.
And private power can marginalize dissent by threatening people’s livelihoods. Some employers have terminated their employees for social media posts expressing support for Palestine, and, in one well-publicized case, a corporate law firm rescinded a work offer to a law student.
While these high-profile cases get media attention, the strongest impact on chilling dissent flies under...
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