Court keeps anti-BDS law in place, striking down earlier decision

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An appellate court ruling in St. Louis found that an anti-BDS contractual certificate did not violate First Amendment rights as it only encompassed economic decisions.

A federal appeals court in St. Louis

The decision is seen as a major setback for the anti-Israel Boycott, Divestments, Sanctions movement and comes after the Arkansas Times sued in 2019 following the establishment of a 2017 state law requiring public contracts to include"a certification that the contractor will not ‘boycott’ Israel," court documents state. BDS espouses anti-Israel policies.

The law in question, Arkansas Act 710, prohibited state entities from engaging with private companies unless the contract included a certification that the company was not engaged in any forms of. The law applies to contracts of $1,000 or more, according to The Associated Press.

 

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