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The First Amendment, BDS and Third-Party Candidates

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It seems sometimes that, like Alice, we have all tumbled down a rabbit hole and entered a bizarre new universe. However, Mr. Carroll could never have invented anything as peculiar as what is seen in United States politics and governance.

For reasons that only politicians and the lobbies who own them can completely understand, Israel, that brutal, apartheid nation, comes first and foremost in what passes for the minds of elected officials. It is reported that New Jersey is the latest in a string of states that is passing anti-BDS (Boycott, Divest and Sanction) laws. This, of course, will require endless hours of effort by some unfortunate bureaucrat to compile lists of organizations that support the boycott of Israel. Was it so long ago that other bureaucrats compiled lists of Communist ‘sympathizers’? We all know how well that turned out.

But anyway, why should politicians who bask in the largess of Israeli lobbies care about the First Amendment? That old thing! Let’s take a look at what is says: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

The Supreme Court over the years has expanded this to include states; it isn’t just Congress that is so forbidden. In 1982, in the case of the NAACP (National Association for the Advancement of Colored People) vs. Clairborne Hardware Co., the Court found that “the nonviolent elements of a boycott are entitled to the protection of the First Amendment”.

Now, what might the governing bodies of New Jersey, New York and nine other states that have passed anti-BDS legislation learn from this? The purpose of the BDS movement, as indicated on its webpage, is clear: in 2005, “Palestinian civil society called upon their counterparts and people of conscience all over the world to launch broad boycotts, implement divestment initiatives, and to demand sanctions against Israel, until Palestinian rights are recognized in full compliance with international law”. It would appear that all of these actions fall into the ‘non-violent’ category that the Supreme Court says is protected by the First Amendment.

During the long, drawn out, bitter campaign for the Republican and Democratic presidential nominations, which was only a forerunner to what promises to be an unparalleled circus of a campaign between Tweedle-Dum (Republican Donald Trump) and Tweedle-Dee (Democrat Hillary Clinton), most of the candidates from both parties made the obligatory visit to the AIPAC (Apartheid Israel Political Affairs Committee) altar in Washington, D.C. in March of this year. There, they decried Palestinian resistance to the occupation, resistance that is sanctioned by the United Nations, and praised Israeli ‘restraint’, that only killed 500 innocent children in less than two months in the summer of 2014. They spoke of the strength of Israeli ‘democracy’, where there are separate laws for Jewish Israelis, and non-Jewish Israelis. They talked of Israel as the U.S.’s only ‘friend’ in the Middle East, a friendship that the U.S. purchases with more foreign aid than is given to all other countries combined. Such groveling by men and women who would ‘lead’ the United States is nothing less than repulsive to watch.

Fortunately, the U.S. voter isn’t limited to the two representatives of the Republicratic Party. Choices abound, although the corporate-owned media (fascism, anyone?) would have us all believe otherwise. The candidacy of Gloria La Riva of the Party for Socialism and Liberation (PSL) has been mentioned by this writer previously, but is worth noting again, as she is one of the third-party candidates who does not feel compelled to kiss the unholy ring of Israel.

A few phrases from the PSL webpage are telling:

* The “campaign stands in full solidarity with the international Boycott, Divestment and Sanctions campaign…”

* “The BDS movement demands that Israel: End its occupation and colonization of all Arab lands occupied in June 1967 and dismantles the Wall; recognizes the fundamental rights of the Arab-Palestinian citizens of Israel to full equality; and respects, protects and promotes the rights of Palestinian refugees to return to their homes and properties as stipulated in UN Resolution 194.  It fights for an end to Israeli apartheid.”

We learn from this some important differences between Ms. La Riva and Mr. Trump and Mrs. Clinton. First, unlike her rivals, Ms. La Riva respects human rights. Second, she recognizes and respects international law. She understands the role of boycotting in bringing about change. Unlike the Republican and Democratic candidates, she recognizes apartheid when she sees it. Finally, she supports worldwide efforts to bring justice to the Palestinians, after decades of oppression.

But Ms. La Riva doesn’t stop there; she fully exposes the elephant (or perhaps, the donkey) in the room:

“Both of the presumptive major capitalist party candidates, Trump and Clinton, have expressed full support for Israel, outrageously painting Israel as ‘victim’ and the Palestinians as ‘aggressor,’ in keeping with the Israeli narrative that is constantly regurgitated by the corporate media here.”

As Palestinian activist Hanan Ashrawi has said, “the Palestinians are the only people on earth required to guarantee the security of the occupier, while Israel is the only country that demands protection from its victims.” Ms. La Riva seems to recognize that odd fact, and is willing to do something about it.

It is unlikely that a third-party candidate will be victorious in the 2016 presidential election farce, where the major competitors are highly disliked by large swaths of the electorate, which will seek in vain to find the lesser of two evils. But this situation, where the 99% must choose between two members of the 1%, can begin to die this year, if increasing numbers of people decide to pull a lever for a candidate other than those of either the GOP or Democratic Party. If voters consider such things as human rights, international law, and justice, they will be unable to vote for Mr. Trump or Mrs. Clinton. There are excellent alternatives, and Ms. La Riva is one of them.

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Robert Fantina’s latest book is Empire, Racism and Genocide: a History of US Foreign Policy (Red Pill Press).

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