Thread by @juliabacha

Breaking news: The Eighth Circuit Court of Appeals ruled today that boycotts are not protected by the First Amendment. @ACLU has confirmed it'll take the case to the Supreme Court, with huge implications for free speech in America.🧵

The case centers around a law that requires public contractors to sign a pledge promising that they do not boycott Israel. If you refuse to sign the pro-Israel pledge, you are fired from your job. Versions of this law now exist in 33 states. legislation.palestinelegal.org

Over the past few years, several Americans have sued their respective states for violating their First Amendment rights. They include a speech therapist in Texas, a lawyer in Arizona, a filmmaker in Georgia.... tucson.com/opinion/local/…

a math teacher in Kansas, and a news publisher in Arkansas. Judges in Texas, Arizona, Georgia and Kansas have ALL found that the law was unconstitutional.
texastribune.org/2019/04/26/Tex…

The big exception was Arkansas where Alan Leveritt, Publisher of the Arkansas Times, is the plaintiff. He’s actually not involved in a boycott of Israel but saw the bill as a template that could be used to attack the rights of Americans on any issue area. nytimes.com/2021/11/22/opi…

Alan lost in District Court. The ACLU, which is representing him, appealed to a three-judge panel at the Eighth Circuit and won the case. The State of Arkansas requested a re-hearing en banc and the Eighth Circuit granted it. The ruling came out today against Alan.

The ruling, by Judge Kobes (a Trump appointee who received a “not qualified” ABA rating) claims that a boycott is simply economic activity, without expressive qualities. Kobes used to be the General Counsel for Senator Mike Rounds (SD), a co-sponsor of the federal anti-BDS law.

The @ACLU, representing Alan, confirmed they intend to take the case to the Supreme Court. From Brian Hauss, chief litigator: "The court’s conclusion that politically-motivated consumer boycotts are not protected by the First Amendment misreads Supreme Court precedent and departs

from this nation’s longstanding traditions. It ignores the fact that this country was founded on a boycott of British goods and that boycotts have been a fundamental part of American political discourse ever since. We hope and expect that the Supreme Court will set things right

and reaffirm the nation’s historic commitment to providing robust protection to political boycotts." Brian is referencing the Supreme Court decision in NAACP v Claiborne that ruled boycotts are protected speech. A Civil Rights era precedent, now at risk. supreme.justia.com/cases/federal/…

Our team @JustVisionMedia has been following this story closely during production of our latest doc, @TheBoycottFilm. If you'd like to organize a screening (in-person or online) for your community, please write to us at [e-mail]

When we started production, the risk that the anti-BDS bill would be used as a template was still theoretical. By the time we locked-picture, it was a reality. There are now anti-boycott bills targeting your right to protest the fossil fuels industry: nprillinois.org/2022-03-16/tex…

There are also anti-boycott laws targeting your right to protest the gun industry. nytimes.com/2022/05/28/bus…

Beware of press coverage that points the finger at Republicans for stripping away our rights without recognizing that Democrats were complicit in opening the pandora's box when they overwhelmingly supported anti-BDS bills.

There's no First Amendment Exception to Palestine and this is as good time as any for the Democratic Party to learn this lesson, before irreparable damage to our rights in America is done.

To find out if the anti-boycott laws targeting your ability to advocate for Palestinian Rights, Environmental Sustainability and Gun Safety have arrived in your state, visit @JustVisionMedia's tracker. Expect more to emerge after summer break. justvision.org/boycott/legisl…