The Pennsylvania Capitol on Monday, March 6, 2023. (Capital-Star file photo)
The Pennsylvania Senate voted on Thursday to withhold state funding from colleges and universities that divest from or boycott Israeli companies, despite First Amendment concerns from free speech advocates.
The bill was introduced by Sens. Steven Santarsiero (D-Bucks) and Kristin Phillips-Hill (R-York) after protesters at numerous Pennsylvania universities called on their schools to divest funds from companies with ties to Israel.
Under the bill, schools receiving state funds would not be able to divest from Israel or Israeli companies for political reasons, but could drop such investments for strictly fiduciary reasons.
Supporters of the bill say boycotts of the Jewish state are endangering a geopolitical ally and potentially antisemitic.
“Antisemitism in any form must never be tolerated,” said Phillips-Hill, the bill’s sponsor. “These protesters want to threaten, to intimidate and bully the commonwealth of Pennsylvania and colleges across the state to divest its investments in Israel.”
Protests emerged on college campuses across the country calling for Israel to end its war with the militant group Hamas. On Oct. 7, Hamas fighters entered Israel from the Gaza strip and killed over 1,100 people and kidnapped roughly 250 more. Israel waged war in response. The estimated death toll in Gaza stands at around 35,000.
The 41-7 vote for the bill was bipartisan.
Sen. Art Haywood (D-Montgomery) spoke in opposition to the bill.
“I want to be clear, I stand with Israel and its right to exist,” Haywood said, adding that he supported 2016 legislation banning the state hiring contractors engaged in boycotts of Israel.
“We don’t have to agree with everyone with their First Amendment speech in order to protect it,” Haywood added. He continued, saying that he supports efforts to “incentivize peace.”
Pa. Senate committee votes to block funding to colleges that divest from or boycott Israel
Haywood is not alone in his concern for the bill’s impact on schools’ First Amendment rights.
The American Civil Liberties Union of Pennsylvania is opposing the legislation as well.
“Political boycotts have always been lawful,” an ACLU staff attorney, Solomon Furious Worlds, told the Capital-Star earlier this week. “Any infringement on that right is suspect.”
Santarsiero, the bill’s co-sponsor, pushed back on that.
“It does not infringe on anyone’s free speech rights,” Santarsiero said. “Students, professors, administrators and anyone else will remain free to peacefully protest and speak out on Israel or any other topic of their choosing.”
After the bill’s passage in the Senate, state Treasurer Stacy Garrity expressed support for the legislation in a press release.
“Israel is our greatest ally in the Middle East, and it’s important for Pennsylvania to show our steadfast support,” Garrity wrote. After the Oct. 7 attack, Garrity invested $20 million of state funds in Israeli bonds, bringing the state’s total investment to $55 million.
The bill would also ban boycotting or divesting from Israel for a number of the state’s pension funds controlled by Garrity’s office.
The legislation also has the support of Gov. Josh Shapiro, but it will have to pass the Democratic-controlled House before going to his desk for signature.
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