8th Circuit ruled today that boycotts are not protected by the First Amendment.

[Nevilledog]

Link to tweet

Unrolled thread
https://threadreaderapp.com/thread/1539673632062013446.html

Breaking news: The Eighth Circuit Court of Appeals ruled today that boycotts are not protected by the First Amendment. @ACLU has confirmed it'll take the case to the Supreme Court, with huge implications for free speech in America.🧵

The case centers around a law that requires public contractors to sign a pledge promising that they do not boycott Israel. If you refuse to sign the pro-Israel pledge, you are fired from your job. Versions of this law now exist in 33 states.

Home - Legislation
The right to stand for justice is under attack. Politicians are pushing unconstitutional laws to stop the movement for Palestinian freedom and shield Israel from criticism. Find out about this legisla…
https://legislation.palestinelegal.org/

Over the past few years, several Americans have sued their respective states for violating their First Amendment rights. They include a speech therapist in Texas, a lawyer in Arizona, a filmmaker in Georgia....

Mik Jordahl: Why can’t I represent Arizona inmates if I boycott Israel?
An Arizona law violates my First Amendment rights.

https://tucson.com/opinion/local/mik-jordahl-why-can-t-i-represent-arizona-inmates-if-i-boycott-israel/article_e47e09f2-00ee-5208-9acb-ef31bfc66c49.html

a math teacher in Kansas, and a news publisher in Arkansas. Judges in Texas, Arizona, Georgia and Kansas have ALL found that the law was unconstitutional.

Texas speech pathologist celebrates temporary free-speech win, hopes it inspires
A former school contractor spoke Friday about a Texas law that prohibits state government agencies from doing business with contractors who boycott Israel. A federal judge temporarily blocked the law …
https://www.texastribune.org/2019/04/26/Texas-bahia-amawi-speaks-out-against-anti-israel-boycott/

The big exception was Arkansas where Alan Leveritt, Publisher of the Arkansas Times, is the plaintiff. He’s actually not involved in a boycott of Israel but saw the bill as a template that could be used to attack the rights of Americans on any issue area.

Opinion | We’re a Small Arkansas Newspaper. Why Is the State Making Us Sign a Pledge About Israel?
I publish The Arkansas Times. We refused to sign an anti-B.D.S. law because it violates our First Amendment rights.
https://www.nytimes.com/2021/11/22/opinion/israel-arkansas-bds-pledge.html

Alan lost in District Court. The ACLU, which is representing him, appealed to a three-judge panel at the Eighth Circuit and won the case. The State of Arkansas requested a re-hearing en banc and the Eighth Circuit granted it. The ruling came out today against Alan.

The ruling, by Judge Kobes (a Trump appointee who received a “not qualified” ABA rating) claims that a boycott is simply economic activity, without expressive qualities. Kobes used to be the General Counsel for Senator Mike Rounds (SD), a co-sponsor of the federal anti-BDS law.

The @ACLU, representing Alan, confirmed they intend to take the case to the Supreme Court. From Brian Hauss, chief litigator: "The court’s conclusion that politically-motivated consumer boycotts are not protected by the First Amendment misreads Supreme Court precedent and departs

from this nation’s longstanding traditions. It ignores the fact that this country was founded on a boycott of British goods and that boycotts have been a fundamental part of American political discourse ever since. We hope and expect that the Supreme Court will set things right
• • •

*snip*

[Caliman73]

1. That ruling sounds stupid.

If Citizens United and Vallejo indicated that money is part of speech, then a boycott based on a political position would also be using money as speech, not simply "economic activity". Anyone government actor discriminating against contractors for their political views would certainly be violating the first amendment.

[uponit7771]

5. +1,

[localroger]

2. The really stupid thing about this is that a boycott isn't really an action.

It's an inaction. Forbidding someone to boycott is, what, requiring them to do business with the boycotted entity? How is that supposed to work? How do you establish that I'm afoul of the rule? If I haven't done business with an Israeli company lately, maybe it's because I didn't need anything that happened to be made there. Maybe it's because the Israeli company lost the bid, or I liked their competitor's warranty or service infrastructure better. "No boycotting" is a condition that cannot possibly be enforced in any way that is remotely level or fair.

[former9thward]

4. They are taking an action.

They are affirmatively saying they are boycotting Israeli companies, etc. This is the so-called BDS campaign (Boycott, Divestment and Sanction). The law requires if they are to receive a contract they are not participating in that movement which the state law is saying is anti-Semitic.

[dsc]

7. actually he is refusing to sign a statement saying he won't boycott

according the article he isn't boycotting Israel.

[former9thward]

9. This is exactly the same as most government contracts.

They all have anti-discrimination clauses based on the policies of the government entity. If you get a contract from the federal government and most, if not all states, you have to sign a document saying you don't discriminate regarding race, sex and other factors depending on the government unit. This is no different.

[AZProgressive]

11. I think there is a difference

Boycotting Israel over human rights violations is not a form of anti-semitism. Republicans like to claim they are the free speech party but they pass these laws that infringe on free speech. I understand some of these laws have bipartisan support.

[former9thward]

13. These are not Republican laws.

35 states have versions of them including California, New York, New Jersey, Illinois and other Democratic led states.

[AZProgressive]

15. I said I understand these laws have bipartisan support

It is mostly Republicans that either oppose BDS or support anti-BDS laws.

https://www.brookings.edu/blog/order-from-chaos/2020/01/08/what-do-americans-think-of-the-bds-movement-aimed-at-israel/

[former9thward]

16. No, its people who oppose anti-Semitism dressed up as "human rights support"

If its mainly Republicans how could laws be passed in the states I mentioned where Republicans have no ability to pass laws?

[AZProgressive]

17. According to the map

It looks like mostly red states. Doug Ducey of Arizona signed one and the state legislature is GOP. I guess human rights violations don’t exist. I call it out whether it is Saudi Arabia, Russia, or even the United States. Those that support BDS may oppose discrimination of Palestinians and Islamaphobia is huge on the right and is a big factor of their support. They don’t give a rats ass about discrimination.

[localroger]

18. And what does signing the statement do?

Signing the statement is stupid because the statement is meaningless. How am I held accountable if I sign a statement saying I am not going to boycott Israel, then I just don't happen to buy anything from an Israeli company? How is that enforced? Who sues whom? It's a totally fucking stupid thing and that's why it's a bad law. Refusing to sign the statement may not be a statement that I necessarily want to boycott Israel, it can be a statement that this is a stupid fucking statement and the law requiring it is stupid and I'm not going to be party to so much stupidity.

[onecaliberal]

3. I thought money speech?

[In It to Win It]

6. Boycotting isn't speech but political donations are

Weird

[Mad_Machine76]

8. I have NEVER understood

these anti-BDS laws and pledges and how they exist in the first place when their aims and means and consequences are so anathema to our Constitution (if that even matters much to some people anymore), especially when your average citizen barely even has the ability to boycott or otherwise economically harm Israel. I do see that the Republicans are starting to use these laws to protect other entities from boycotts as well.

[former9thward]

10. These contracts do not apply to the "average citizen".

They are for large contracts and they have minimum amounts. The laws do not apply to any amounts below whatever the minimum is set at.

[Mad_Machine76]

12. Teachers and state workers are being asked to sign pledges

in some states. How much more "average" can you get (read the OP)?

[former9thward]

14. This court case is not about that.

So I would have to know the specifics.