5 ms·

How can a government contract have a "discrimination" clause in it? What next? How about a MAGA state saying "You have to acknowledge that Trump won the 2020 e

How can a government contract have a "discrimination" clause in it? What next? How about a MAGA state saying "You have to acknowledge that Trump won the 2020 elections to work with us"? Wow, the comments in here are really opening my eyes to what HN actually is instead of what I thought it was.

Mikeb85 5y ago
The clause sounds more like an anti-discrimination clause ie. he isn't allowed to discriminate against a nation while receiving government contracts. No one's stopping him from simply not buying Israeli goods and not saying anything.
- bellyfullofbac 5y ago
  So, is he or his company allowed to protest against China, as allowed by the 1st amendment? Hmm, no law banning that...
  - Mikeb85 5y ago
    Depends what that entails... Refusing to do business with Chinese-American companies or hire people of Chinese descent likely wouldn't be allowed. Look at the BDS website. They basically equate all Israeli companies with the government. In addition, Israel guarantees the right of return (ie. citizenship) to all Jews. So while BDS claims they're not anti-Semetic, they apply their definitions broadly enough that it's not hard to see what the end result is...
    - bellyfullofbac 5y ago
      Whatever it entails, there is no explicit law saying "If you want to partner with an entity of the State of Texas, you or your company are not allowed to protest against China or Chinese companies". I guess Xi Jinping should buy off Republican lawmakers to get such a law instituted.
      - Mikeb85 5y ago
        Please, when Covid broke out there was a ton of media and societal pressure as well as legal actions to NOT discriminate against Asian-Americans and their businesses, despite the CCP being quite hostile towards the west.
        ceejayoz 5y ago
        Discriminating against Asian-Americans is explicitly covered by the Civil Rights Act of 1964. Countries are not protected by that act.
        Mikeb85 5y ago
        So how do you protest a country without applying their actions to their people? Because ordinarily Americans would never have direct interaction with the state of Israel.
        ceejayoz 5y ago
        That logic would forbid, say, US sanctions on Iran, Russia, etc.
        Mikeb85 5y ago
        Read up on the actual sanctions to those countries. Here's Russia: https://www.trade.gov/country-commercial-guides/russia-sanctions https://www.trade.gov/country-commercial-guides/russia-sanct... You can do a lot more business with Russia than what BDS suggests you should do with Israel...
        ceejayoz 5y ago
        https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1556 https://home.treasury.gov/policy-issues/financial-sanctions/... > Can U.S. persons do business with entities in North Korea? > No. Unless authorized pursuant to a general or specific license from OFAC and/or BIS, Executive Order (E.O.) 13722 prohibits new investment in North Korea by a U.S. person and the exportation or reexportation, from the United States, or by a U.S. person, of any goods, services, or technology to North Korea. E.O. 13810 (“Imposing Additional Sanctions with Respect to North Korea”) does not modify any of those prohibitions. It's quite clear a) that national origin is a protected class and b) that a) does not mean it's illegal to target a nation-state.
- realce 5y ago
  And only Israel needs the protection? That's a mightily discriminated-against nation. What if this law wasn't about boycotting but said "No contracts with Texas unless you pledge allegiance to Allah" You don't have to actually worship Allah, you just have to say it for the contract to be valid. Any problems there?
rubyist5eva 5y ago
This man is the one who is discriminating, he has freedom to do so but he does not have freedom from the consequences. He can't do business with the government, just as I (in theory) could legally refuse to do business with him on the same basis.
- JumpCrisscross 5y ago
  > he can't do business with the government, just as I (in theory) could legally refuse to do business with him on the same basis You're not constrained by the First Amendment. Texas is.
- deleted 5y ago
  [deleted]
- realce 5y ago
  You personally have that right. The state of Texas must provide contracts with no bias and only considering the quality of work the contractor would provide. The state is not allowed to discriminate based on arbitrary attributes of that contractor.
skinnymuch 5y ago
HN has always had a mix of people. There’s a distinct portion of people on here who trend toward center right and libertarian ideals. There’s a smaller but still solid segment who are more leftists who also generally oppose big authority in certain ways (some Govt stuff, big tech), but otherwise don’t have much overlap with the former group. I’m of the latter group, but it’s plain HN and even Slashdot in the old days, always had these sort of divides. You’ll never find a place that won’t have these sort of divides unless you specifically go to a site for only your political views.

Mikeb85 5y ago

The clause sounds more like an anti-discrimination clause ie. he isn't allowed to discriminate against a nation while receiving government contracts. No one's stopping him from simply not buying Israeli goods and not saying anything.

bellyfullofbac 5y ago
So, is he or his company allowed to protest against China, as allowed by the 1st amendment? Hmm, no law banning that...
- Mikeb85 5y ago
  Depends what that entails... Refusing to do business with Chinese-American companies or hire people of Chinese descent likely wouldn't be allowed. Look at the BDS website. They basically equate all Israeli companies with the government. In addition, Israel guarantees the right of return (ie. citizenship) to all Jews. So while BDS claims they're not anti-Semetic, they apply their definitions broadly enough that it's not hard to see what the end result is...
  - bellyfullofbac 5y ago
    Whatever it entails, there is no explicit law saying "If you want to partner with an entity of the State of Texas, you or your company are not allowed to protest against China or Chinese companies". I guess Xi Jinping should buy off Republican lawmakers to get such a law instituted.
    - Mikeb85 5y ago
      Please, when Covid broke out there was a ton of media and societal pressure as well as legal actions to NOT discriminate against Asian-Americans and their businesses, despite the CCP being quite hostile towards the west.
      - ceejayoz 5y ago
        Discriminating against Asian-Americans is explicitly covered by the Civil Rights Act of 1964. Countries are not protected by that act.
        Mikeb85 5y ago
        So how do you protest a country without applying their actions to their people? Because ordinarily Americans would never have direct interaction with the state of Israel.
        ceejayoz 5y ago
        That logic would forbid, say, US sanctions on Iran, Russia, etc.
        Mikeb85 5y ago
        Read up on the actual sanctions to those countries. Here's Russia: https://www.trade.gov/country-commercial-guides/russia-sanctions https://www.trade.gov/country-commercial-guides/russia-sanct... You can do a lot more business with Russia than what BDS suggests you should do with Israel...
        ceejayoz 5y ago
        https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1556 https://home.treasury.gov/policy-issues/financial-sanctions/... > Can U.S. persons do business with entities in North Korea? > No. Unless authorized pursuant to a general or specific license from OFAC and/or BIS, Executive Order (E.O.) 13722 prohibits new investment in North Korea by a U.S. person and the exportation or reexportation, from the United States, or by a U.S. person, of any goods, services, or technology to North Korea. E.O. 13810 (“Imposing Additional Sanctions with Respect to North Korea”) does not modify any of those prohibitions. It's quite clear a) that national origin is a protected class and b) that a) does not mean it's illegal to target a nation-state.
realce 5y ago
And only Israel needs the protection? That's a mightily discriminated-against nation. What if this law wasn't about boycotting but said "No contracts with Texas unless you pledge allegiance to Allah" You don't have to actually worship Allah, you just have to say it for the contract to be valid. Any problems there?

rubyist5eva 5y ago

This man is the one who is discriminating, he has freedom to do so but he does not have freedom from the consequences. He can't do business with the government, just as I (in theory) could legally refuse to do business with him on the same basis.

JumpCrisscross 5y ago
> he can't do business with the government, just as I (in theory) could legally refuse to do business with him on the same basis You're not constrained by the First Amendment. Texas is.
deleted 5y ago
[deleted]
realce 5y ago
You personally have that right. The state of Texas must provide contracts with no bias and only considering the quality of work the contractor would provide. The state is not allowed to discriminate based on arbitrary attributes of that contractor.

skinnymuch 5y ago

HN has always had a mix of people. There’s a distinct portion of people on here who trend toward center right and libertarian ideals. There’s a smaller but still solid segment who are more leftists who also generally oppose big authority in certain ways (some Govt stuff, big tech), but otherwise don’t have much overlap with the former group. I’m of the latter group, but it’s plain HN and even Slashdot in the old days, always had these sort of divides. You’ll never find a place that won’t have these sort of divides unless you specifically go to a site for only your political views.