No, Kansas, you can’t ban contractors from boycotting Israel

israel
(photo: The Kansas City Star file photo)

The Supreme Court ruled decades ago that boycotts are constitutionally protected speech. Nonetheless, Kansas passed a law requiring all those who contract with the state to certify that they are not boycotting Israel.

By Editorial Board | The Kansas City Star | Jan 31, 2018


“Speech, assembly, and petition . . . to change a social order. . . [are] on the highest rung of the hierarchy of First Amendment values.”
— US Supreme Court

“The Supreme Court has held that the First Amendment protects the right to participate in a boycott like the one punished by the Kansas law.”
— US District Judge Daniel Crabtree


A federal judge in Topeka has ruled that Kansas cannot tell contractors what they can and cannot boycott. That would seem obvious to anyone familiar with free speech protections under the First Amendment.

But last summer, Kansas passed a law requiring all those who contract with the state to certify that they are not boycotting Israel.

Why? Continue reading “No, Kansas, you can’t ban contractors from boycotting Israel”

Judge blocks Kansas law aimed at boycotts of Israel

esther

 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

esther

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”

“Kansas won’t let me train math teachers because I boycott Israel”

web17-koontz-v-watson-1160x768
Esther Koontz, math teacher and Mennonite Church member, is suing Kansas for denying her a position because of her faith-based boycott of Israel. (photo: ACLU)

Esther Koontz speaks out on her suit against the Kansas anti-Israel boycott law.

By Esther Koontz / ACLU Speak Freely / Oct 12, 2017


“I believe that the First Amendment protects my right, and the right of all Americans, to make consumer spending decisions based on their political beliefs. You don’t need to share my beliefs or agree with my decisions to understand that this law violates my free speech rights. The state should not be telling people what causes they can or can’t support.”


I’m a member of the Mennonite Church. I’ve also been a math teacher for almost a decade. Because of my political views, the state of Kansas has decided that I can’t help it train other math teachers.

I was chosen last spring to participate in a program that trains public school math teachers all over Kansas. After completing a two-day preparation course in May, I was ready to take on the role.

But in June, Kansas passed a law requiring any individual or company seeking a contract with the state to certify that they are not engaged in a boycott of Israel. That law affects me personally. As a member of the Mennonite Church USA, and a person concerned with the human rights of all people — and specifically the ongoing violations of Palestinians’ human rights in Israel and Palestine — I choose to boycott consumer goods made by Israeli and international companies that profit from the violation of Palestinians’ rights.

Continue reading ““Kansas won’t let me train math teachers because I boycott Israel””

ACLU sues Kansas for punishing teacher over Israel boycott

statehouse2

Following its new law, Kansas denied longtime teacher Esther Koontz a new position because of her faith-based boycott of Israel.

By Zaid Jilani / The Intercept / Oct 13, 2017


“This law is clearly aimed at suppressing not just boycotts generally but one particular boycott based on its viewpoint. So we think that’s a blatant constitutional violation and we hope the court agrees with us.”
— Brian Hauss, ACLU staff attorney

“Whether in Kansas or in Congress, this kind of legislation is an anti-democratic attempt to silence a nonviolent movement for equality for Palestinians, and a just peace for everyone in the region. It sets an alarming precedent of curtailing free speech, in an era when mobilizing grassroots energy to resist repressive government policies is more important than ever.”
— Rabbi Joseph Berman, Jewish Voice for Peace government affairs liaison


Esther Koontz is a long-time math teacher and curriculum coach at Horace Mann Dual Language Magnet School in Wichita, Kansas.

She’s also a member of the Mennonite Church USA, which in July voted to divest itself from American companies that profit off of Israel’s occupation of the Palestinian territories.

One month prior to that vote, Kansas’s legislature passed into law House Bill 2409, which seeks to discourage boycotts of the state of Israel by prohibiting state contracts with individuals who refuse to say they will not engage in such boycott activity.

Continue reading “ACLU sues Kansas for punishing teacher over Israel boycott”