Eighth Circuit Strikes Down Arkansas’s Anti-BDS Law

The U.S. Court of Appeals for the Eighth Circuit on Feb. 12 ruled that an Arkansas law requiring state contractors to pledge not to boycott Israel violates the First Amendment. In a 2-1 panel decision, the majority ruled that the Arkansas law was written so broadly that it would also apply to vendors that support or promote a boycott of Israel—even if they did not engage in a boycott themselves. And the court explained that supporting or promoting boycotts of Israel is constitutionally protected expressive activity. The ruling reversed a January 2019 district court decision, which had dismissed the case, and remanded the case for further proceedings.

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