On Thursday the Eighth Circuit Court of Appeals upheld a law prohibiting the State of Arkansas and its public entities from doing business with companies that boycott Israel.
In 2017 the Arkansas Legislature passed Act 710.
The law generally prohibits public entities in Arkansas from contracting with or investing in businesses that boycott Israel.
The law applies to state government, state agencies, state boards and commissions, political subdivisions of the state, public retirement systems, and public colleges and universities.
As a result of the law, any state contract valued over $1,000 must contain a clause stating that the contractor will not boycott Israel.
Following Act 710’s passage, Arkansas Times and the ACLU sued, arguing that the law places an unconstitutional condition on government contracts and compels speech.
U.S. District Judge Brian Miller in Little Rock dismissed the lawsuit, but the case was appealed to the Eighth Circuit.
On Thursday the circuit court upheld the law as constitutional.
The decision said the law did not violate the First Amendment, noting that, “[Act 710] does not ban Arkansas Times from publicly criticizing Israel, or even protesting the statute itself. It only prohibits economic decisions that discriminate against Israel.”
