ACLU says revised anti-BDS bill remains unconstitutional

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BDS rally in Washington, DC. (photo: Elvert Barnes / Flickr)

The opinion is a blow to pro-Israel groups who had hoped revisions would soften the constitutional issues.

By Middle East Monitor | Mar 7, 2018


“This bill is unconstitutional because it seeks to impose the government’s political views on Americans who choose to express themselves through boycotts.”
— Ben Wizner, director of the ACLU Speech, Privacy, and Technology Project


The American Civil Liberties Union (ACLU) has criticized a revised version of draft legislation intended to target the growing Boycott, Divestment, Sanctions (BDS) campaign, saying that the latest version of the bill remains unconstitutional.

The ACLU had voiced objections to the original bill in Jul 2017 on First Amendment grounds, and in response to such criticisms, Senators Ben Cardin (D-MD) and Rob Portman (R-OH) released a revised version over the weekend.

But in a Mar 6 press release, the ACLU revealed that it had written to senators informing them of the veteran civil liberties group’s opposition to the revised bill, in what is a blow to pro-Israel groups who are hoping that the bill will become law. [The letter can be viewed here.]

Continue reading “ACLU says revised anti-BDS bill remains unconstitutional”

Judge blocks Kansas law aimed at boycotts of Israel

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 Esther Koontz decided not to buy consumer products made by Israeli companies and international companies operating in Israeli settlements in the occupied Palestinian territories — as a result, the state of Kansas refuses to contract with her.

By ACLU | Jan 30, 2018


“The court has rightly recognized the serious First Amendment harms being inflicted by this misguided law, which imposes an unconstitutional ideological litmus test. This ruling should serve as a warning to government officials around the country that the First Amendment prohibits the government from suppressing participation in political boycotts.”
— Brian Hauss, ACLU attorney


The American Civil Liberties Union won an early victory today in its federal lawsuit arguing that a Kansas law requiring a public school educator to certify that she won’t boycott Israel violates her First Amendment rights.

A federal judge issued a preliminary injunction blocking enforcement of the law while the case filed in October proceeds. It is the first ruling addressing a recent wave of laws nationwide aiming to punish people who boycott Israel.

The law, which took effect on July 1, requires that any person or company that contracts with the state submit a written certification that they are “not currently engaged in a boycott of Israel.” The ACLU is also currently fighting a case filed in December against a similar law in Arizona.

Continue reading “Judge blocks Kansas law aimed at boycotts of Israel”

I stand with Esther

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From buses to tea, fossil fuels to grapes, boycotts are a time-honored and constitutionally protected form of speech! #IstandwithEsther and her right to boycott!

A message from our brothers and sisters at FOSNA.


In violation of her First Amendment right to free speech, Ms. Koontz was denied a professional opportunity based on her conscientious determination to preserve her right to boycott companies that profit from violent and repressive business endeavors.


Whenever we choose to work for peace and justice in the Middle East, we know this choice can be costly.

In August, Ms. Esther Koontz, a trainer of math teachers in Wichita, Kansas, and a member of the Mennonite Church USA, learned that she would not be allowed to participate in a professional program for which she was qualified because she would be required to sign a statement affirming she is not presently engaged in a boycott of Israel. When Ms. Koontz refused to sign that statement, she was informed she would be ineligible to receive payment as a state-contracted teacher trainer. Continue reading “I stand with Esther”