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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