Politically motivated consumer boycotts have played a central role throughout U.S. history.
, which Arkansas enacted in 2017. It says that a public entity shall not “enter into a contract with a company … unless it includes a written certification that it is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.” Contractors who have contracts in excess of $1,000 must pay a 20 percent penalty if they refuse to sign the certification.
, that they would not contract with his newspaper for additional advertising unless he signed a certification stating that theis not currently boycotting Israel, and agreed for the duration of the contract not to boycott Israel. Although Leveritt was not boycotting Israel, he would not sign the pledge.
In June 2022, the entire Eighth Circuit reversed the panel decision and dismissed the case. The court held that direct participation in a boycott is not protected by the First Amendment even where the state has singled out boycotts on a specific topic and is expressing a specific viewpoint for prohibition. The First Amendment only protects the speech and association accompanying a boycott, not the boycott itself, the court said.
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