Kansas Judge Blocks Law Aimed at Boycotts of Israel
Photo Credit: Demonstrators rally in New York City to protest anti-BDS legislation, June 9, 2016. (Sipa USA via AP)
Today, The American Civil Liberties Union won a victory 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 preliminary injunction was issued by a federal judge 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.
“The court has rightly recognized the serious First Amendment harms being inflicted by this misguided law, which imposes an unconstitutional ideological litmus test,” said ACLU attorney Brian Hauss, who argued the issue in court. “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.”
In his opinion, U.S. District Judge Daniel Crabtree wrote, “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.”
The ACLU represented Esther Koontz, a member of the Mennonite Church USA. In accordance with calls for boycott made by members of her congregation and her church, Koontz decided not to buy consumer products made by Israeli companies and international companies operating in Israeli settlements in the occupied Palestinian territories. Koontz participates in this boycott in order to protest the Israeli government’s treatment of Palestinians and to pressure the country to change its policies.
Photo Credit: ACLU, Esther Koontz
When Koontz was asked to certify that she does not participate in a boycott of Israel, she said that she could not sign the form in good conscience. As a result, the state refuses to contract with her, and she is unable to participate as a trainer in the state’s program.
Judge Crabtree wrote in his opinion, “She and others participating in this boycott of Israel seek to amplify their voices to influence change.”
The lawsuit argues that the Kansas law violates the First Amendment for several reasons: it compels speech regarding protected political beliefs, associations, and expression; restricts the political expression and association of government contractors; and discriminates against protected expression based on its content and viewpoint. The lawsuit asks the court to strike down the law and bar the Kansas Department of Education from requiring contractors to certify that they are not participating in boycotts of Israel.
Yousef Munayyer, Executive Director of the US Campaign for Palestinian Rights said, “We thank the ACLU for its dedicated work to battle repressive efforts aimed at stifling peaceful dissent.” he went on to say, “These repressive laws should have no place in the United States, where boycotts have been historic vehicles for social change” ”
In July, the ACLU sent a letter to members of Congress opposing a bill that would make it a felony to support certain boycotts of companies doing business in Israel and its settlements in the occupied Palestinian territories. As a result, Senate sponsors of the bill are considering changes.
Today’s ruling is here:
https://www.aclu.org/sites/default/files/field_document/dyhvp3sr.pdf
Compiled by Arab America