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54 U. Pac. L. Rev. [ix] (2023)
Israel, Palestine and the First Amendment: Introduction to the Special Issue

handle is hein.journals/mcglr54 and id is 647 raw text is: Israel, Palestine and the First Amendment: Introduction to the Special Issue Omar M. Dajani* Is there an emerging Israel-Palestine exception to the First Amendment? The Constitution's protection of expressive freedom serves in part to ensure that democratic decision-making is based on informed, rigorous, and inclusive debate-a function as crucial to the development of foreign policy as to domestic governance. In Israel, Palestine and the First Amendment, the 2022 Symposium co-convened by the University of the Pacific Law Review and McGeorge School of Law's Global Center for Business and Development, we examined several contexts in which the boundaries of freedom of speech are being tested by the regulation of expression implicating the State of Israel and advocacy for Palestinian rights. As described below, the Symposium brought together an extraordinary group of experts-diverse in expertise, discipline, and perspective- many of whom have contributed papers to this Special Issue. The first panel, which included presentations by Lara Friedman,' Brian Hauss,2 Yehuda Kurtzer,3 and Eugene Volokh,4 considered the constitutional and policy debates surrounding federal and state legislation constraining Americans' right to boycott Israel (and Israeli settlements in the occupied Palestinian territory). Enacted largely in response to the global movement advocating boycotts, divestment and sanctions (BDS) to pressure Israel (and entities involved in its military occupation of Palestinian territory) to comply with international law,' legislation of this kind has proliferated over the last decade. In her article,6 Friedman meticulously traces the history of federal and state laws targeting advocacy critical of Israel. She explores the continuing controversy about how the * Professor of Law and Co-Director, Global Center for Business and Development, McGeorge School of Law, University of the Pacific. I extend my sincere thanks to the 2022-23 and 2023-24 editorial teams at the University of the Pacific Law Review for their superb work on this issue. Particular appreciation is owed to Tristan Hanna, Sierra Horton, Alec Watson, and Steve Zelezny- superstars, all. I am also grateful to Dean Michael Hunter Schwartz, Associate Dean for Academic Affairs Mary-Beth Moylan, Associate Dean for Faculty Scholarship Frank Gevurtz, and Associate Dean for Diversity, Equity and Inclusion Larry Levine for their enthusiastic support for the symposium. 1. President, Foundation for Middle East Peace. 2. Brian Hauss, Senior Staff Attorney, ACLU Speech, Privacy and Technology Project. 3. President, Shalom Hartman Institute of North America. 4. Gary D. Schwartz Distinguished Professor of Law, University of California, Los Angeles. 5. The BDS Movement describes itself as a Palestinian-led movement for freedom, justice, and equality. It has issued three primary demands to Israel: ending its occupation and colonization of all Arab lands and dismantling the Wall; recognizing the fundamental rights of the Arab- Palestinian citizens of Israel to full equality; and respecting, protecting and promoting the rights of Palestinian refugees to return to their homes and properties as stipulated in UN Resolution 194. Ufhat Is BDS?, BDS MOVEMENT, https://bdsmovement.net/what-is-bds (last visited July 12, 2023) (on file with the University of the Pacific Law Review). 6. Lara Friedman, Targeting Free Speech & Redefining Antisemitism: How Pro-Israel Actors Are Using US Laws to Attack Palestinian Activism and Solidarity, 54 U. PAC. L. REV. 612 (2022).

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