Ten things to know about anti-boycott legislation | WHAT REALLY HAPPENED

Ten things to know about anti-boycott legislation

The Supreme Court has long held that political boycotts – like boycotts for Palestinian rights – are a form of expression protected by the First Amendment. The government may not condition the receipt of government benefits on the requirement that a person forgo core political speech activity. Nor can the government enact measures that chill our speech rights.

Several courts that have considered anti-boycott laws have agreed. In September 2018, a federal court blocked Arizona from enforcing its anti-boycott law, finding that the law likely violates the First Amendment. A federal court also issued a preliminary injunction against Kansas' enforcement of its anti-boycott law.

The ACLU's case challenging the Arkansas anti-boycott law has been dismissed, but plaintiffs are appealing that decision. Some state legislatures have amended their anti-boycott laws to avoid these lawsuits, but the underlying constitutional concerns remain unchanged, and these laws will continue to be challenged.