US court supports Arkansas anti-BDS law

By Al Mayadeen English
Source: Agencies
24 Jun 2022 19:10

Anti-BDS laws in the US have been a prominent trend in the past few years.

BDS in France. (Wikimedia)

In a major victory for pro-"Israel" activists, a US federal appeals court supported an Arkansas state law that requires public contractors to vow not to boycott "Israel." The latest ruling, which was initiated by the US Court of Appeals, overturns an earlier ruling that the legislation violated the First Amendment.

Israeli lobbies have influenced some 30 US states to adopt laws against BDS - or, the Boycott, Divestment, and Sanctions movement, which is a peaceful initiative that condemns Israeli aggression and occupational violence in Palestine through economic, academic, and cultural boycotts.

In 2017, Arkansas made it compulsory that all public agencies not do business with contractors unless they sign on a pledge that they will not boycott "Israel".

In 2018, The Arkansas Times, a small newspaper, challenged in 2018 the legislation when a state college refused to continue advertising with the paper until it signed an anti-boycott agreement. The law forces contractors to reduce their fees by 20% if they don't sign the pledge.

Alan Leveritt, The Arkansas Times' publisher, said in a statement that while the decision was expected, the newspaper would not take a "political position in return for advertising".

"We are obviously disappointed and note that these laws, which were originally passed in over 30 states, have been overturned in every court except this one," Leveritt said.

"We consider being banned from doing business with our state government for refusing to sign a pledge not to boycott Israel a ridiculous government overreach that has nothing to do with Arkansas."

According to a staff attorney for the American Civil Liberties Union, Brian Hauss, the judge's opinion was simply wrong, and there are intentions to appeal the case at the Supreme Court.

"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," Hauss said of the decision.

"We hope and expect that the Supreme Court will set things right and reaffirm the nation’s historic commitment to providing robust protection to political boycotts."

Pro-Palestine and free speech groups have condemned the anti-BDS bills which have been on the rise in recent times, accusing the supporters of the legislation that they are breaching free speech and stifling criticism against "Israel".

Texas, Georgia, Virginia

US states have been in a debacle with citizens and civil liberty groups over matters regarding boycotting "Israel" - in 2017, Texas passed a law that requires public employees and companies to sign a contract that they will not engage in any boycott of "Israel" or else they will face consequences.

However, with multiple lawsuits, Texas federal courts ruled that such a contract is unconstitutional.

That case is causing a ripple effect: Georgia and Virginia, according to the Electronic Intifada, are trying to crush citizens' rights to boycott "Israel" - but the people are fighting back.