The state of Arkansas’ Israel boycott law could come before the U.S. Supreme Court following a petition filed Thursday.
The Arkansas Times, represented by the American Civil Liberties Union, is appealing a June decision by the 8th U.S. Circuit Court of Appeals, which ruled that an Arkansas law limiting state business with those who refuse to sign a pledge not to boycott Israel is not a violation of the First Amendment.
The 9-1 decision in the case of Arkansas Times LP v. Waldrip, made by the entire court, reversed a ruling by a three-judge panel that the law was unconstitutional. It is the first full federal appeals court ruling on state anti-BDS laws, which around 35 states have enacted. The court ruled that Arkansas Act 710, called “An Act To Prohibit Public Entities From Contracting With and Investing in Companies That Boycott Israel; And for Other Purposes,” only regulates business activity, not expressive conduct, and thus raises no issues under the First Amendment.
Attorney and policy specialist Joseph Sabag, executive director of Israeli-American Coalition for Action, led the drafting of anti-BDS legislation in a number of states, including Arkansas. He told JNS that the appeals court decision is likely going to be the final word on the matter.... Read More: JNS