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Supreme Court Declines To Hear ACLU Appeal Of Anti-BDS Arkansas Law 

Federal appeals court ruling barring contractors from boycotting Israel is constitutional

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Protesters in Berlin hold a Palestinian flag and the initials of the anti-Israel BDS movement while Israeli Prime Minister Benjamin Netanyahu was visiting Germany in August 2019. (Photo: Israel Hayom)

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(JNS) The U.S. Supreme Court declined on Tuesday to hear a petition from the American Civil Liberties Union in the case of Arkansas Times LP, v. Mark, et al. 

The case (No. 22-379) centered on whether Arkansas violated federal law by requiring those who contract with the state to sign a statement promising not to boycott Israel for the contract duration.

A federal appeals court had ruled that Arkansas did not violate the constitutional rights of the Arkansas Times by requiring it to avoid boycotting Israel and Israeli companies while a state college advertised in the paper. The ACLU sought to take the case to the Supreme Court, which denied the petition.

The decision drew praise from several pro-Israel organizations.

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“Elected officials, business leaders and anti-Israel activists should take note: The American people have spoken, and they are pro-Israel,” stated Christians United for Israel (CUFI). “CUFI applauds the Supreme Court’s unanimous decision today to push back against the effort to use American taxpayer dollars to subsidize economic antisemitism.”

“Today is a great day for the cause of justice,” said Kenneth L. Marcus, founder and chairman of the Louis D. Brandeis Center for Human Rights Under Law.

“The court put to rest the absurd notion that anti-BDS laws are incompatible with robust protections for the freedom of speech. Anti-Israel boycotts will now be seen for what they are: discriminatory conduct rather than political speech.”

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Marc Stern, general counsel at the American Jewish Committee, stated that “the primary aim of the BDS movement is to eliminate the State of Israel. The court’s action gives a boost to efforts to put a stop to the pernicious effort to isolate Israel economically and morally.”

Eugene Kontorovich, a professor and director of George Mason University Scalia Law School’s Center for Middle East and International Law, said the Supreme Court decision “further demonstrates the falseness of claims that these measures harm constitutional values. … Groups that oppose such laws now have a heavy burden explaining how they are not simply providing cover for boycotts of Israelis.”

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Thank you for choosing TheJ.Ca as your source for Canadian Jewish News.

We do news differently!

Our positioning as a Zionist News Media platform sets us apart from the rest. While other Canadian Jewish media are advocating increasingly biased progressive political and social agendas, TheJ.Ca is providing more and more readers with a welcome alternative and an ideological home.

We revealed the incursion of anti-Israel progressive elements such as IfNotNow into our communities. We have exposed the distorted hateful agenda of the “progressive” left political radicals who brought Linda Sarsour to our cities, and we were first to report on many disturbing incidents of Nazi-based hate towards Jews across Canada.

But we can’t do it alone. We need your HELP!

Our ability to thrive and grow in 2020 and beyond depends on the generosity of committed readers and supporters like you.

Monthly support is a great way to help us sustain our operations. We greatly appreciate any contributions you can make to support Jewish Journalism.

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