In the course of providing legal assistance in support of California’s recently enacted anti-discrimination legislation, it became clear to Zachor that while the pro-BDS actors had established a support community to spread legal claims that had no rational basis, there was very little organized opposition to the pro-BDS legal agitprop.
As a result, the California Assembly’s initial legal analysis of the anti-discrimination legislation was fatally flawed in concluding that the First Amendment of the United States Constitution provided an absolute protection for any and all boycott activity. This legally unsupportable conclusion was arrived at due to the influence of pro-BDS activists who pushed, without opposition, their self serving and erroneous legal narrative.
Zachor was called in to correct the legal record the night before the Assembly Judiciary Committee met to consider the bill and its flawed legal analysis. By the time the California Senate considered the bill, Zachor was able to roll back the blatantly misleading legal analysis pushed by pro-BDS forces and provide the Senate with an accurate understanding of the First Amendment as it relates to BDS activity.
Zachor followed this up by re-asserting the constitutionality of the bill, in the face of continued misleading legal analysis by pro-BDS activists, and published an op-ed in a major Jewish newspaper in support of the bill.
From this experience, it became clear that there is a need for a comprehensive legal analysis of the various federal and state laws that may come into play when other states and localities consider adopting anti-discrimination legislation. Zachor intends to publish a detailed legal outline for use by legislators and political executives that not only dismantles the false claims of the pro-BDS legal community but also clearly demonstrates the solid constitutional grounds for future anti-discrimination legislation. In particular, Zachor’s legal guide to BDS legislation will address constitutional issues such as the First Amendment, the Dormant Commerce Clause and the Unconstitutional Conditions doctrine. With such a publication, anti-discrimination legislation will no longer be subject to opposition based on the misleading and legally unsound claims of pro-BDS agents.
Additionally, on the offensive legal front, Zachor intends to create a detailed framework that can be used by individuals and entities that have been harmed by BDS activity, and government agencies with the power to enforce the applicable laws, to prepare claims against (and promote prosecution of) BDS under anti-trust, anti-discrimination and anti-racketeering laws.