Month: April 2019

Federal Courts Examining BDS Movement Boycott Restrictions

State laws targeting the Boycott, Divestment, Sanctions (BDS) movement have required various lower courts to consider the constitutional status of boycotts.  Several states now limit the availability of government contracts for those who refuse to deal with Israeli businesses, prompting legal challenges claiming that certain types of boycotts are constitutionally protected speech.  Whether the government may restrict contracts for those who participate in BDS-type boycotts depends on whether refusals to deal, when part of a larger social boycott movement, are protected expressive conduct under the First Amendment.

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