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ACLU asks top US court to review law against boycotting Israel | Boycott, Divestment, Sanctions News


Washington DC – A leading civil rights group in the United States has asked the Supreme Court to review a lower court ruling that upheld an Arkansas state law punishing companies that boycott Israel.

American Civil Liberties Union (ACLU) filed on Thursday asking the highest court to hear the case, arguing that the Court of Appeals decision violates the First Amendment of the United States Constitution, which protects freedom of expression.

“When a single state boycotts for special penalties, as Arkansas did here, it violates not only the right to boycott — it also violates the fundamental First Amendment prohibition of segregation. content and opinion treatment,” ACLU attorneys wrote in their filing.

In June, the appellate court beneficial rule of the law, stating that boycotts are commercial, not “manifestations” guaranteed by the First Amendment.

The act follows similar measures passed by dozens of US states to curb the Boycott, Divestment, and Sanctions (BDS) movement, which pushed Israel to adopt nonviolent means to end it. end abuses of Palestinians.

Several groups of rights, including Amnesty International and Human Rights Watch, have said that Israel’s treatment of Palestinians is tantamount to a racist regime.

The Arkansas case began in 2018 when The Arkansas Times, a publication in the city of Little Rock, sued the state after denying Sign a pledge not to boycott Israel to win an advertising contract from a public university.

The law requires non-signing contractors to reduce their fees by 20%.

A federal district court initially dismissed the case but a three-judge appeal panel blocked the law in 2021, ruling that it violated First Amendment. In June, a comprehensive appeals court overturned the panel’s decision, essentially reviving the law.

The Supreme Court is the level of appeal and final review in the US judicial system. If the highest court refuses to hear the case, the appellate court’s decision will take effect.

The nine-seat Supreme Court has a conservative majority with three justices appointed by former President Donald Trump, a staunch supporter of Israel.

Rights advocates have warned that anti-boycott measures not only fuel the unconstitutional silence of the Palestinian rights movement, but also threaten freedom of expression in general – and are being used to limit boycotts by other entities, including fossil fuel industry.

Brain Hauss, a senior attorney with the ACLU, said the June decision to uphold anti-BDS laws in Arkansas “misunderstood” legal precedents and withdrew protections for liberties that people enjoy. America done for centuries.

“Worse, this decision enhances the government’s power to selectively crack down on boycotts that express messages with which the government disagrees,” Hauss said in a statement on Thursday.

“The Supreme Court should take this case to reaffirm that the First Amendment protects the right to participate in politically motivated consumer boycotts.”

Americans for Peace Now (APN), a self-proclaimed pro-Israel and pro-peace advocacy group, also called on the Supreme Court to review the ruling.

“A decision by the Supreme Court on this case, if it decides to proceed, could have widespread consequences in the United States and beyond,” APN President Hadar Susskind said in a statement.

“We hope the Court discusses the matter and rules that countries with no business conditions impose conditions on the freedom of speech of individuals, organizations and companies. You can support or oppose the boycott of Israel or the occupation, but as a government you must not impose your views on others or punish them for their views. “

Anti-BDS laws generally restrict boycotts of Israel as well as any Israeli-occupied territories. Last year, several US states threatened sanctions against Ben & Jerry’s after the ice cream company decided to stop doing business in the occupied West Bank of Palestine.

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