Send a Tweet
Most Popular Choices
Share on Facebook 39 Share on Twitter 1 Printer Friendly Page More Sharing
OpEdNews Op Eds    H3'ed 4/27/19

In Case by School Pathologist, Texas Federal Court Becomes Third to Strike Down Pro-Israel Oath as Unconstitutional

By       (Page 1 of 1 pages)   2 comments
Become a Premium Member Would you like to know how many people have read this article? Or how reputable the author is? Simply sign up for a Advocate premium membership and you'll automatically see this data on every article. Plus a lot more, too.
Author 4807
Message Glenn Greenwald
Become a Fan
  (150 fans)

A FEDERAL COURT IN TEXAS issued a ruling on Thursday afternoon preliminarily enjoining enforcement of Texas' law banning contractors from boycotting Israel. The court ruled that the law plainly violates the free speech guarantee of the First Amendment. Following similar decisions by federal courts in Kansas and Arizona, the ruling becomes the third judicial finding out of three who have evaluated the constitutionality of such laws to conclude that they are unconstitutional attacks on the free speech rights of Americans. The case was brought by Bahia Amawi, a longtime elementary school speech pathologist in Austin, Texas, whose contract renewal was denied due to her refusal to sign an oath certifying that she does not participate in any boycotts of Israel. In December, The Intercept was the first to report on her case and the lawsuit she brought, and also produced a video documenting her story.

Amawi, a U.S. citizen and mother of four U.S.-born children, was required to sign the pro-Israel oath due to a new law enacted with almost no dissent by the Texas State Legislature in May 2017, and signed into law two days later by GOP Gov. Greg Abbott. When signing the bill, Gov. Abbott proclaimed: "Any anti-Israel policy is an anti-Texas policy."

But this was precisely the mentality, along with the virtually unanimous pro-Israel sentiment in the Texas State Legislature, that the Texas federal judge identified when explaining why the pro-Israel oath so blatantly violates the free speech guarantees of the U.S. Constitution's First Amendment:

In Texas, only five legislators voted against H.B. 89. (Texas Resp. Mots. Prelim. Inj., Dkt. 25, at 4). Texas touts these numbers as the statute's strength. They are, rather, its weakness. "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." W. Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624, 642 (1943). "[T]he purpose behind the Bill of Rights, and of the First Amendment in particular[,]" is "to protect unpopular individuals from retaliationand their ideas from suppressionat the hands of an intolerant society." McIntyre v. Ohio Elections Comm'n, 514 U.S. 334, 357 (1995).

Click Here to Read Whole Article

 

Must Read 2   Well Said 2   Supported 2  
Rate It | View Ratings

Glenn Greenwald Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

[Subscribe to Glenn Greenwald] Glenn Greenwald is a journalist,former constitutional lawyer, and author of four New York Times bestselling books on politics and law. His most recent book, "No Place to Hide," is about the U.S. surveillance state and his experiences reporting on the Snowden documents around the world. His forthcoming book, to be published in April, 2021, is about Brazilian history and current politics, with a focus on his experience in reporting a series of expose's in 2019 and 2020 which exposed high-level corruption by powerful officials in the government of President Jair Bolsonaro, which subsequently attempted to prosecute him for that reporting.

Foreign Policy magazine named Greenwald one of the top 100 Global Thinkers for 2013. He was the debut winner, along with "Democracy Now's" Amy Goodman, of the Park Center I.F. Stone Award for Independent Journalism in 2008, and also received the 2010 Online Journalism Award for his investigative work breaking the story of the abusive (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

HSBC, too big to jail, is the new poster child for US two-tiered justice system

US investigates possible WikiLeaks leaker for "communicating with the enemy"

Prosecution of Anonymous activists highlights war for Internet control

4 quick points about the MSNBC discussion

The myth of Obama's "blunders" and "weakness"

The Remarkable, Unfathomable Ignorance of Debbie Wasserman Schultz

To View Comments or Join the Conversation: