‘Your claim that Ben & Jerry’s refusal to sell ice cream in Israeli settlements threatens NY state investments is an attack on free speech’ — a letter to the Comptroller

August 5th, 2021

Awake Goy

July 29, 2021

Thomas P. DiNapoli

Office of the State Comptroller

110 State Street

Albany, New York 12236

Dear Comptroller DiNapoli:

Ben & Jerry’s recently issued a statement that they believe it is inconsistent with the company’s values for their ice cream to be sold in the Occupied Palestinian Territories. This has triggered reactions from politicians who oppose boycotting Israel to protest its policies towards Palestinians. They are looking for ways to strike back at Ben & Jerry’s and at its parent corporation, Unilever. However, the U.S. Supreme Court has held that boycotts and speech urging boycotts are legally protected by the First Amendment. Boycotts have a long history as a legitimate means of peaceful, political protest.

We urge our elected representatives to recognize that the First Amendment to the Constitution exists to protect the right to dissent, not to protect powerful political voices. Apparently some believe it is perfectly fine for pro-Israel forces to boycott Ben & Jerry’s and/or Unilever but not okay for pro-Palestinian voices to urge a boycott to protest Israel’s illegal occupation of Palestinian land and its inhumane treatment of Palestinians.

At a time when long-established rights – the right to vote, women’s right to control their own bodies, the right to organize, the free press — are all under attack, it is deplorable to see Democratic politicians join those tearing down democracy.

In particular, your unfounded claim that Ben & Jerry’s refusal to sell ice cream in Israeli settlements threatens the New York State Retirement System investments has to be understood as an attack on free speech.

We insist you and our legislative leaders stand up for free speech and rescind the New York State Retirement System’s policies that penalize the boycott of Israel.

Sincerely,

New York State Freedom2Boycott Coalition

Copies of this letter also went to the Speaker of the New York State Assembly Carl E. Heastie and Senate Majority Leader Andrea Stewart-Cousins. We expect there will be a number more organizations signing on.

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