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Nadler Statement Ahead Of Vote On H.R. 4795, The “Protect Economic And Academic Freedom Act Of 2026”
Washington, D.C. – Today, Congressman Jerrold Nadler (NY-12) released the following statement ahead of House consideration of H.R. 4795: “When the House votes on H.R. 4795, I will vote no. “H.R. 4795, the so-called Protect Economic and Academic Freedom Act, prohibits universities from engaging in “non-expressive commercial boycotts,” and requires institutions of higher education to certify they are not boycotting Israel in order to access certain federal funds. “I strongly oppose the global Boycott, Divestment, and Sanctions (BDS) movement and I ardently oppose BDS as a strategy to secure change in the Middle East. I also recognize that those who advocate for BDS can veer into antisemitism if they should use antisemitic tropes or stereotypes, hold Jews collectively responsible for Israel’s actions, target or exclude Jews because they are Jewish, use opposition to Israel or Zionism as a proxy for hostility toward Jews, or advance an eliminationist vision that denies Jews in Israel equal rights, physical safety, or the ability to remain in the country as equals. “But no matter how strongly I oppose the BDS movement, I also believe that those who engage in BDS have a First Amendment right to do so. The First Amendment right to free speech does not apply only to agreeable speech. No matter how much I may disagree with BDS, and find it strategically stupid and morally repugnant, I will always fight to protect Americans’ right to speech with which I disagree. It is the only way to ensure speech I do agree with is equally protected. “In my view, H.R. 4795 is a direct and gross violation of the First Amendment. The proponents of this bill hide behind an inadequately defined term of “non-expressive commercial boycotts,” but, as the ACLU wrote in a letter to Congress, “Many of those engaged in boycotts of Israel do so not for commercial reasons, but because they wish to express their political opposition to the policies of the Israeli government – matters of overwhelming public concern and debate in the present moment. HR 4795’s labeling such boycotts as “non-expressive” does nothing to change this reality.” Moreover, as the Supreme Court has noted in Chiles v. Salazar, “the First Amendment is no word game. And the rights it protects cannot be renamed away or their protections nullified by ‘mere labels.’” “Additionally, the language in H.R. 4795 treats the entire West Bank as part of Israel, erasing the Green Line and undermining efforts to promote a two-state solution. The United States and Congress must recognize the difference between the State of Israel and the territory it occupies beyond the Green Line. Imposing penalties on institutions of higher education for opposing activities that advance annexation, blur that crucially important distinction, and undermine prospects for a two-state solution would establish a deeply troubling precedent. “H.R. 4795 is the latest assault by the Trump Administration and Congressional Republicans on American colleges and universities. Supporting this bill does nothing to support students on campus, prevent hate, or improve the reality in the Middle East. Instead, it feeds the political arson being committed by the Trump Administration against institutions of higher education and endeavors to limit Americans’ First Amendment freedoms in service of Republicans’ partisan political agenda. “I urge my colleagues not to take the bait and to join me in voting no on H.R. 4795.” ###
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