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18 Int'l Trade & Bus. L. Rev. 1 (2015)
The Free Speech Implications of US Anti-Boycott Regulations

handle is hein.journals/itbla18 and id is 15 raw text is: THE FREE SPEECH IMPLICATIONS OF US ANTI-BOYCOTT REGULATIONS MATTHEW E SILVERMAN Abstract Anti-boycott - Arab League - Briggs - Central Hudson - Commercial Speech - Discrimination - Export Administration Act (EAA) - First Amendment - Free Speech - International Trade - Israel - Jewish - Political Speech - United States This article provides an analysis of s 2407(a)(1)(D) of the Export Administration Act and its implications on Americans'free speech rights. Section 2407(a)(1)(D) is a significant US anti-boycott regulation that prohibits American persons and companies from complying with unsanctioned foreign boycotts. This article analyses s 2407(a)(1)(D) within the context of the development and application of US anti-boycott legislation which grew out of a response to the Arab League Boycott of Israel. As well, this article examines the relevant First Amendment jurisprudence involving both commercial and political speech and argues that s 2407(a)(1)(D) should be subject to a strict-scrutiny analysis in order to account for the social and political interests often inherent within economic-boycott activity. This article concludes that the government interest in enforcing s 2407(a)(1)(D) is outweighed by the significant restrictions imposed on Americans'free speech rights, and thus, there is no justification for this regulation to be constitutionally upheld and enforced LLM in International Business and Economic Law, with distinction, February 2014, Georgetown University Law Center; JD, cum laude, 2007, Loyola University Chicago School of Law; BGS, 2004, University of Michigan.

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