[ May 2, 2024 ]
A federal judge in Kansas just blocked a law that would bar contractors from boycotting Israel — a ruling that in effect gives a thumbs-up to the Boycott, Divestment and Sanctions movement.
U.S. District Judge Daniel Crabtree ruled that First Amendment rights protect those who want to boycott Israel.
In October, YouTube warned of the spread of the BDS movement in the United States:
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https://www.youtube.com/watch?v=02XB-b0JhL0
This Kansas case was brought to court as a challenge of state law from the American Civil Liberties Union.
Ynet News has more:
A federal judge has temporarily blocked a Kansas law barring state contractors from participating in boycotts against Israel, saying the state law violates their free speech rights.
US District Judge Daniel Crabtree ruled Tuesday that the US Supreme Court has held that the “First Amendment protects the right to participate in a boycott like the one punished by the Kansas law.”
Crabtree granted the request from the American Civil Liberties Union to block enforcement of the law while the case proceeds. The judge found it is “highly likely” that the Kansas law is invalid and blocking it protects a constitutional right.
The law that took effect in July prohibits the state from entering into contracts with individuals or companies participating in a boycott of Israel.
Twenty-four states have such policies.
Last week, the New Orleans City Council unanimously rescinded a human rights resolution, two weeks after approval of the seemingly benign measure sparked accusations that members had unwittingly played into the hands of international anti-Israel extremists and anti-Semites.
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27 Comments
6 years ago
The right to freely associate with also includes the right to freely not associate with.
6 years ago
Reply to
dave1305
Yes they do, but if they choose to boycott Israel, then they must accept not being able to do business with the state.
6 years ago
Reply to
dave1305
You are correct, but doesn’t that right equally extend to the state of Kansas as well? Shouldn’t the state be able to not associate with hate groups like the BDS? And if the state does that, is it not a de facto boycott of it’s own, which the judge said was a protected right? There is no logic behind this judges ruling.
6 years ago
another gift to us from the muslim president, and who was confirmed by the repub-controlled senate. this is OK. by the same reasoning, the kansas legislature can also now allow firms to boycott muslims
6 years ago
Reply to
Rocinante44
Unfortunately, boycotting Jews is ok, but boycotting Muslims would constitute a crime against humanity and no one (other than me and followers of Geller and Robert Spencer) would stand for it.
6 years ago
Just charge the boycotting contractors with racist hate speech. That’s what the dims do when they don’t like your point of view.
6 years ago
But Christians have to bake a cake for homos?
6 years ago
I’m with you on the anti-boycott, but it’s anyones right to boycott whomever they please. We on the other hand have to convince people of the error of there ways, either with reason or economic measures ie., BOYCOTT. Publish the names of the Company’s who support BDS, so that they can feel the impact of their decision.
6 years ago
Reply to
John Marks
Of course any individual or company is free to boycott Israel, but if they do, then they shouldn’t be permitted to conduct business with the state.
6 years ago
Reply to
caliroxanne
This is a situation that is hard to enforce, unless the company makes a public spectacle. Say I just don’t do business in or with Israel. Am I boycotting Israel, or just not buying anything from them?
6 years ago
Reply to
John Marks
I don’t think the law infringed on the right of a company to boycott, it simply said the state won’t sign contracts with any that do. I have a really hard time seeing how this judge considers that a violation of free speech. The irony is what the state was attempting to do was in itself a boycott. Can’t see how the judge can say one boycott is ok and the other is not. I think what we really need is the Federal govt to step in and 1.) assert the fact that only they can set foreign policy and 2.) that the BDS movement is actually a hate group because they target a very specific people and attempt to ruin them economically and infringe upon their rights to engage freely in commerce.
6 years ago
It needs to be a Federal law. It used to be. When I worked in the Mid East in the 80s-90s, any company that participated in the boycott of Israel lost a ton of tax benefits. This was interesting, because we worked in Saudi Arabia, which had a boycott law. American companies could not sign a contract that contained a clause promising to obey the Saudi boycott law. A workaround was found, where we could agree to “observe” the law.
There is a general prohibition against states instituting foreign policy.
6 years ago
So Kansas just needs to do what California did. Ban any BDS participants from getting contracts with the state. Easy.
6 years ago
Reply to
Paul
How the hell is a judge allowed to subvert state law and push for anti-semitism ? Both should be grounds to impeach them .
Isn’t Judge supposed to implement the law instead of making new one or subverting it ?
Next these kind of judges will want to implement sharia law and prosecute those who expose truth about the Perfect man like patriots are doing in indianpolis and as usual jihadis are hopping mad
https://tinyurl.com/y9wb4j39
6 years ago
Reply to
Suresh
Judges are not constitutionally permitted to subvert State law. They are to merely give an “opinion” which the State Legistature can ignore, nullify or override. Unfortunately, Kansas is one of the many states whose legislators are corrupt, unconstitutional, and fail in their duties. Instead, they let unconsttutional judicial laws stay in an attempt to remain blameless for their next election. But they don’t fool us and they didn’t fool you either. The people of Kansas must protest their state legislators – if they even understand their right to do so or even give a dam*.
D
6 years ago
Obama appointed judge.
6 years ago
Reply to
Kropotkin
Yes. He appointed those corrupt judges willing to violate their oath and got rid of those who are not.
6 years ago
This is one of the things that happen when you let Jew hating Muslims into this Country. The Saudi’s are filling the Colleges with their hatered by paying for classes that teach lies about Jews and Christians.,
6 years ago
Boycott those who boycott Israel.
D
6 years ago
Judge shopping, the favorite tactic of the radical left.
6 years ago
Liberals hate Israel so much, but for some reason say very little about North Korea, Pakistan, the Islamic State, etc.
6 years ago
Judges cannot constitutionally make laws or break laws. They merely give “opinions.” Blame the Kansas State legislators for allowing judicial supremacy to override their own State powers.
6 years ago
another circus appointment judge and its kangaroo courts.
6 years ago
This guy is not a judge, he is a political hack who should be subject to a legal malpractice lawsuit. Every grade school student needs that conducting foreign policy is reserved to the federal government.
6 years ago
Private business do have the right to boycott anyone they want. Such businesses do not have the right to enter into a contract with the state. The state has the right to insist on terms for working for the state, such terms can include not discriminating on the basis of race or gender, and not boycotting a U.S. ally.
I figure the U.S. Supreme, with a slight majority favorable to upholding the law, will overturn that decision.
