In 2018 we published an op-ed critical of Rep. Jimmy Panetta’s support for HR 1697, a bill designed to criminalize peaceful calls for the economic boycott of Israel. Fortunately, under significant pressure from the ACLU and other public interest groups frightened by this attack on free speech rights, the leadership of the Democratic Party watered down the bill so that it became a non-event.
Panetta once again threatens the free speech rights of all Americans by his support of HR 9495, a bill aimed at shutting down nonprofit organizations supportive of Palestinian rights, such as Students for Justice in Palestine, Jewish Voice for Peace, Code Pink, and others. The bill could even be used to shut down a university that did not suitably crack down on pro-Palestinian protests. The targeting mechanism was to be the Treasury Department’s control over the tax status of nonprofit organizations in America.
Despite its anti-terrorism language, HR 9495 does not address any actual terrorism problem. The FBI already has tools to shut down nonprofits credibly accused of supporting terror groups, as it did in 2001 when it shuttered the Holy Land Foundation, which was accused of materially supporting Hamas. Rather, HR 9495 was drafted in response to large campus protests denouncing Israel’s destructive campaign in Gaza, which has killed nearly 50,000 people, physically displaced 90% of Gaza’s population, and destroyed virtually every home and building there. Every single college and university in Gaza has been destroyed, along with most schools, hospitals, mosques, churches, historical structures and civil society buildings. Amnesty International and Human Rights Watch have labelled Israel’s campaign a genocide.
Shamefully, this bill had significant Democratic support when it was understood the Treasury Department would use it only for shutting down free speech over Israel-Palestine. But once Donald Trump was elected, Democrats recognized the bill could also be used to effectively shut down all manner of nonprofits, from Planned Parenthood to the NAACP to Human Rights Watch. The ACLU organized a letter denouncing HR 9495, signed by 354 civil liberties, religious, reproductive health, immigrant rights, human rights, racial justice, LGBTQ+, environmental and educational organizations.
In the face of such opposition, the leadership of the Democratic Party backed away from HR 9495, and it died in the Senate. For now.
But Panetta did not back away from his support for this unconstitutional attack on our free speech rights. Even after the Democratic Party withdrew its support, Panetta was one of 15 Democratic representatives who maintained support for it. When we met with Panetta recently to discuss the matter, he noted his certainty the bill would be revived in this new legislative session. He did not regret his support for it.
The Israel lobby has worked hard over the past decade to shut down free speech rights in America when it comes to the Israel-Palestine issue. They have successfully pushed for the U.S. government to define antisemitism — an abhorrent hatred of Jews — as including sharp criticism of Israel or its founding ideology of Zionism. This is both intellectually dishonest and dangerous to free speech rights. It has also sought to outlaw support for nonviolent calls to economically sanction Israel, in spite of the fact that similar actions led to the end of apartheid in South Africa. And now the Israel lobby, led by AIPAC, is seeking to destroy nonprofit organizations that support Palestinian rights. AIPAC is Panetta’s largest campaign contributor.
Why is Panetta — again — supporting an attack on free speech under the false guise of fighting terrorism? We call on Rep. Panetta to forcefully oppose this bill when it likely comes back to the House this year.
Glenn E. Robinson is a Resident Senior Fellow at the Middlebury Institute for International Studies in Monterey. John Walton is Distinguished Professor Emeritus of Sociology at the University of California at Davis.