SHABBAT SHALOM, GESHER SHALOM!


 
September 20, 2017
 
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IN THIS ISSUE...
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KIDDUSH 
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   UPCOMING EVENTS

Thursday 9/21
Rosh Hashanah Day 1
Morning Service 8:30 am
Contemporary Service 10:00 am
Rabbi's Sermon 11:00 am
Tashlich 6:00 pm
Minha (following Tashlich) 6:30 pm
Ma'ariv 7:30pm
Friday 9/22
Rosh Hashanah Day 2
Morning Service 8:30 am
Contemporary Service 10:00 am       
Rabbi's Sermon 11:00 am
Minha/Ma'ariv 7:00 pm  

 

or if you prefer


 


 
Let's Emulate The Israelis in the New Year!
88 Percent of Israelis Satisfied with Their Lives                       




U.S. Courts: Anti-Boycott Laws Don't Violate Free Speech
In 1977 and 1979, Congress added provisions to the Export Administration Act (EAA) that prohibits Americans engaged in interstate or international commerce from complying with foreign governmental boycotts of friendly nations. The Israel Anti-Boycott Act of 2017 (H.R. 1697 and S. 720) would extend these rules to also prohibit compliance with new, similar boycotts of Israel initiated by international governmental organizations.   

American courts have consistently upheld current law in the face of arguments that it restricts constitutionally protected free speech. The courts have distinguished between the extensive free speech rights American citizens enjoy and the limited free speech rights enjoyed by persons engaged in commerce. They have consistently found that Congress may prohibit American citizens and companies from complying with foreign boycotts that conflict with U.S. interests, and that Congress may restrict the information Americans can provide to foreign governments with respect to foreign boycotts. Summaries of two key court cases follow: 
Trane Co. v. Baldrige, 552 F. Supp. 1378 (W.D. Wis. 1983)
Background:   The EAA prohibits American companies from providing information "to comply with, further, or support any boycott fostered or imposed against a foreign country which is friendly to the United States."  In 1978, Kuwait's boycott office requested that Trane Company provide information about its activities with Israel, Israeli companies and other non-Israeli companies. The Arab League's Central Boycott Office in 1980 requested similar information from United Technologies Corporation (UTC). Trane Company and UTC sued the Department of Commerce for enforcing the EAA's prohibition on answering such queries. 

Argument: Trane and UTC argued that the prohibition against their furnishing requested information violated their free speech rights under the First Amendment. They contended that their proposed responses deserved the full First Amendment protection afforded to "traditional speech," as compared to less protected "commercial speech," and that the EAA prohibitions were unconstitutional because they were overreaching and did not directly advance substantial governmental interests.  

Decision: The court held the EAA to be constitutional. The court rejected the plaintiffs' argument that the EAA regulates traditional speech stating that it was "abundantly clear that [the] plaintiffs' sole interest in providing responsive answers is economic" because the questionnaires were solely intended to further potential commercial transactions. The court next disregarded the plaintiffs' claim that the EAA violates the First Amendment protections granted to commercial speech. The court concluded that the government meets the test to determine whether regulation of commercial speech is constitutional. The court found first that the government has a substantial interest because the EAA involves "delicate foreign policy questions and the interest in forestalling attempts by foreign governments to 'embroil American citizens in their battles against others by forcing them to participate in actions which are repugnant to American values and traditions.'" Second, the court determined that the EAA directly advances the government's interest to not allow U.S. persons to become involved in perpetuating the Arab boycott. Third, the court held that the EAA is no more extensive than necessary to further the government's interest.   
Briggs & Stratton Corp. v. Baldrige, 728 F.2d 915 (7th Cir. 1984)
Background:  This case consolidated the appeals of two lower court rulings-Briggs & Stratton Corp. v. Baldrige, 539 F. Supp. 1307 (E.D. Wis. 1982) and Trane Co. v. Baldrige, 552 F. Supp. 1378 (W.D. Wis. 1983)-both of which held that the EAA did not violate free speech protections.   

Argument: The appellants offered three arguments as to why their conduct should be considered highly protected traditional speech, rather than commercial speech. First, they argued that each question on the boycott questionnaire was implicitly an allegation that they have engaged in conduct contrary to the Arab boycott. They stated both that (a) they should have a right to communicate with boycott offices about the extent of their business dealings with Israel in an effort to promote the truth about their business relationships, and that (b) because such communications may not serve the economic interests of the foreign government they did not constitute commercial speech. Second, they asserted that their proposed communications should be seen as an attempt to influence the political decisions of a sovereign government, and as such should be protected by the First Amendment. Third, the appellants argued that the presence of economic motivation alone was not enough to show that speech is commercial. 

Decision: The court rejected each of the appellants' arguments. First, the court held that the companies' interest in disseminating truthful information could not be distinguished from their economic interests. The court was unpersuaded that the appellants had any interest in providing truthful information beyond the potential economic benefits that may result. Second, the court ruled that should the appellants wish to influence the Arab nations' policies regarding Israel they were free to communicate their views. In the course of such attempts to persuade, however, they may not furnish information about the extent of their business dealings with boycotted countries or persons. The court observed that the appellants' desire to answer a boycott questionnaire was not grounded in a desire to influence Arab governments' policies towards Israel, but rather to avail themselves of potential business opportunities. Third, the court stated that while economic motivation alone may not prove that speech is commercial, it was undeniable that the appellants' proposed answers to boycott questionnaires would serve only to allow them to continue their commercial dealings with the Arab world. No claim can be made that this conduct constitutes noncommercial speech.   
Conclusion
American courts have consistently held that Congress has full constitutional authority to prohibit Americans engaged in interstate or international commerce from furnishing information about their activities with Israel in order to comply with foreign government boycotts. The Israel Anti-Boycott Act merely extends the congressional authority articulated in federal case law to prohibit a company's compliance with a boycott initiated by an international governmental organization.   









 







The March for Racial Justice was inconsiderately and erroneously scheduled for Saturday, September 30. I know where you will be on that date: you'll be in shul because it's Yom Kippur!
  But additional events are being scheduled for the next day in New York City (and perhaps elsewhere) in order to allow the Jewish community to participate. One of the prime movers in the Sunday, October 1 demonstration is a new Jewish women's group , ZIONESS, Zionist and progressive.
Sunday, October 1 at 2:00 PM - 5:00 PM EDT
If you would like to march with us, the Zioness Movement will stand against the unjust treatment of people of color on October 1st at the sister event for the March for Racial Justice in New York City.

We've seen this month-all too well-that white supremacy stains our society. It seeks to disenfranchise, disempower, and demonize Jews, people of color, and other minorities.

While we were hurt and saddened that the primary March for Racial Justice is scheduled for September 30th on Yom Kippur, we commend the event organizers for hearing the Jewish community, apologizing, and organizing an inclusive national event the next day.

Zionism-a movement of self-determination for the Jewish people-calls us to stand shoulder-to-shoulder with others facing racism and discrimination.

As Jews, Zionists, and progressives, we will come together in New York to walk for these values.

We will be posting more details in the days ahead.
 
Kid Friendly!

Young Anti-Zionist Jews Claim to Speak For My Generation. They Don't. 
It's Time We Called Them On It.
     
Anti-Zionist Jews are trying to push mainstream progressive Jews out of leftist spaces. Let's push back.

Click here for upcoming Federation programming in our area.

Join us at Ramah here in North America or in Israel for one of these very special programs designed especially for women. All are invited to participate. No Ramah connection is necessary, so please forward this email to friends and family who might be interested!
Ruach Nashim: Women's Spirituality Weekend
April 27-29, 2018
Ramah California · Ojai, CA

Join our extraordinary program combining creativity, text study and friendship with the joyous celebration of Shabbat in an inspirational setting. Share with friends and connect spiritually through reflection, prayer and song. Indulge in relaxation and activities such as yoga, pilates, meditation or martial arts. Bring your daughter, mother, sisters and friends! You will return home refreshed and renewed in body, mind and spirit.

Jewish Women's Getaway

November 5-8, 2
017
Ramah Darom · Clayton, GA

Bring your mother, sister, grandmother or best friend, or come solo and meet other amazing women looking to build their community of Jewish friends! Surrounded by the beauty of nature, we will explore finding balance as we create, eat, drink, laugh, learn, sing and study together and learn to listen to our authentic selves. This women's-only weekend will have everything you need to relax, rejuvenate your body, and fill your spirit.

Ramah Women: Celebrating Israel at 70
March 5-13, 2018
Join Amy Skopp Cooper, Executive Director of Ramah Nyack and National Ramah Associate Director, on Ramah Israel Institute's first women's trip to Israel, an inspiring ten-day journey of exploration, dialogue, social action, hiking, art and culinary adventure.

Women of all ages are warmly invited!






























































 





























 

 
 
ISRAEL AT 70

 
$4,999 per person* - flights to Krakow and from Israel are not included - land only ($1,108  - Single Supplement)

A deposit of $500 will guarantee you a place on the trip. Space is limited.
Cost covers two nights in Krakow, two nights in Warsaw, two nights in Jerusalem, two nights in Tel Aviv, most meals, all programming expenses, tips, flight from Krakow to Tel Aviv. $1,000 minimum gift per household to the 2018 Annual Campaign of Jewish Federation of Northern New Jersey. Travel extensions available for an additional cost.
*based on double occupancy and number of participants For more information or to register, contact
Jane A. Sherwood  |  JaneS@jfnnj.org   |   201-820-3962