On September 3, 2026, the U.S. House of Representatives passed the Protect Economic and Academic Freedom Act of 2026, known as H.R. 4795, which targets official university boycotts of Israel. If enacted, H.R. 4795 would bar colleges and universities from participating in federal student aid programs if they engage in commercial boycotts intended to limit relations with Israel or covered Israeli entities without a valid business reason.
The bill would also require universities receiving Title VI international-education funding under the Higher Education Act to certify annually that they provide equal access to academic programs involving Israel. Universities would have to allow their students and faculty to participate in programs in Israel on the same terms as those applied to programs in other countries. They would also have to treat Israeli students and faculty the same as participants from other foreign institutions.
Requiring universities to treat academic participants equally may sound like common sense, but some progressive outlets and advocacy groups have portrayed the bill as an attack on free speech and academic freedom. J Street argued that it infringes constitutionally protected speech, while CAIR called it an “anti-free-speech bill.”
However, the bill does not expressly prevent students, professors, or administrators from criticizing Israel, organizing protests, or supporting the Boycott, Divestment and Sanctions (BDS) movement. Instead, it applies to certain commercial actions and academic access policies adopted by universities participating in the affected federal programs. It also excludes commercial actions supported by a valid business reason, although the bill does not define what constitutes a valid business reason.
There is precedent for this type of case. The Supreme Court has distinguished between protected political speech and institutional conduct. In Rumsfeld v. FAIR, the Court ruled that law schools could criticize the military while still being required to provide military recruiters with the same access given to other recruiters
Calling the bill a ban on free speech, therefore, overlooks an important distinction. People could still criticize Israel and advocate for BDS, but universities participating in federal student-aid programs could not engage in the commercial boycotts covered by the bill.
Universities receiving federal international-education funds would also have to provide Israeli academic participants with the same access they provide participants from other countries.
The legislation must still pass the Senate and receive the president’s signature before becoming law.
© Divuach Ne’eman R”A, 2025
