US Court Upholds Arkansas Anti-BDS Law

JUN 21 2022·Updated DEC 22 2022

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Image credit: European Pressphoto Agency [via Al Jazeera]

The Facts

A US federal appeals court on Wed. upheld an Arkansas state law requiring all public contractors to assure authorities they will not boycott Israel, ruling that the restriction is not a violation of freedom of speech.
The Washington Post
In 2017, Arkansas mandated that all contractors must affirm they do not boycott Israel before they can do business with public agencies.
Middle East Eye
The Arkansas Times challenged the law in 2018 when a state college refused to continue advertising with the paper until it signed an anti-boycott pledge.
Middle East Eye
However, the Court ruled that boycotts fall under commercial activity, which Arkansas has a right to regulate, rather than "expressive conduct" which is protected by the First Amendment of the US Constitution.
The Forward
Arkansas is one of several states which have passed laws meant to crack down on the Boycott, Divestment and Sanctions movement aimed at Israel. Such laws have been in the spotlight since last summer, when ice cream manufacturer Ben & Jerry's announced its intention to stop selling their products in Israeli-occupied territories of the West Bank.
The Forward
The American Civil Liberties Union (ACLU), which represented the Arkansas Times, has said it intends to appeal the case at the Supreme Court.
Jewish Telegraphic Agency

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The Spin

Pro-Palestine narrative

Arkansas' anti-BDS laws violate the first amendment and endanger the free speech of all Americans. This legislation is government overreach, and the state should not have the power to dictate what causes people can and cannot support. Arkansas is unconstitutionally targeting pro-Palestinian activists.

Al Jazeera

Pro-Israel narrative

BDS is anti-semitic and is economic warfare against Israel. Progressive groups are using free speech arguments to justify their discrimination against Jewish groups. People that demonize and boycott Israel should not receive aid from the state. This court decision is a victory for Israel and those who support it.

Washington Free Beacon