亞利桑那州議會: 亞利桑那州修訂法令,第35篇《公共財政》,第2章《公共基金的運用》,第9條《抵制與撤資以色列》,第393節《定義》:"Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either: (a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel. (b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason. 35-393. Definitions, 亞利桑那州議會, [2021-06-03], (原始内容存档于2021-06-04)
芝加哥每日法律公報 2019-05-01: Those defending the constitutionality of the laws, like Kontorovich, maintain the trial court misinterpreted Claiborne to convey First Amendment protections to all activities associated with boycotts. "The actual issue at hand [in Claiborne] involves actual boycott organizing activities, basically calling on people to boycott and promoting a boycott, that is speech," he said. "The state can still get contracts under the state law if they say 'We hate Israel and we think Israel should be boycotted.' … They are entirely entitled to contract with the state because that's speech. … Boycotting Israel by itself does not tell you anything about the motives of the boycott." Mansur, Sarah. Free speech rights and the rise of anti-BDS legislation. 芝加哥每日法律公報(英语:Chicago Daily Law Bulletin). 2019-05-01 [2020-08-27].
芝加哥每日法律公報 2019-05-01: "I think the court has clearly said in Rumsfeld v. FAIR that the decision of who you do business with or not, even when you have a clear ideological motive, does not become expressive," said Eugene Kontorovich, a professor at George Mason University Antonin Scalia Law School and a director at the Kohelet Policy Forum in Jerusalem. Mansur, Sarah. Free speech rights and the rise of anti-BDS legislation. 芝加哥每日法律公報(英语:Chicago Daily Law Bulletin). 2019-05-01 [2020-08-27].
芝加哥每日法律公報 2019-05-01: Hauss, one of those attorneys, argued FAIR shouldn't control because that case didn't concern a consumer boycott movement and neither the word 'boycott' nor any citation to Claiborne appears anywhere in the FAIR ruling. "The notion that FAIR could overrule Claiborne, without even mentioning it, doesn't really pass the laugh test," Hauss said. "I think everyone understands when someone is participating in a BDS boycott that they are expressing something." Mansur, Sarah. Free speech rights and the rise of anti-BDS legislation. 芝加哥每日法律公報(英语:Chicago Daily Law Bulletin). 2019-05-01 [2020-08-27].
芝加哥每日法律公報 2019-05-01: Attorney Marc Greendorfer founded the Zachor Legal Institute, a think tank focused on legal challenges to the BDS movement. He said the Longshoremen case shows that the government can limit boycotts that serve as political protest of foreign nations' conduct. "It happens to be the case that International Longshoremen's involved unions, but it also involved directly analogous fact patterns," Greendorfer said. Mansur, Sarah. Free speech rights and the rise of anti-BDS legislation. 芝加哥每日法律公報(英语:Chicago Daily Law Bulletin). 2019-05-01 [2020-08-27].
哈佛法律評論 2020: Such logic might have required the antiapartheid movement to address not just injustice by white South Africans, but also abuses by the black African National Congress leadership or by other African countries. ... Iran, ..., self-defines based on religion, yet current U.S. refusals to buy from Iran do not give rise to anti-Shia religious discrimination claims Wielding Antidiscrimination Law to Suppress the Movement for Palestinian Rights. 哈佛法律評論. 2020-02-10 [2020-08-28]. (原始内容存档于2021-06-03).
哈佛法律評論 2020: As nine states argued in an amicus brief: it is "intuitively obvious . . . [that] targeting a particular group (and those associating with them) for the intentional infliction of economic harm is discrimination, by definition," and BDS does just that. Wielding Antidiscrimination Law to Suppress the Movement for Palestinian Rights. 哈佛法律評論. 2020-02-10 [2020-08-28]. (原始内容存档于2021-06-03).
哈佛法律評論 2016: And because political boycotts are directed at issues of public concern, they are protected activities that "rest[] on the highest rung of the hierarchy of First Amendment values." S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
哈佛法律評論 2016: Kontorovich has advanced this conduct-based argument, analogizing the anti-BDS statute to President Obama's executive order forbidding federal contractors from discriminating against employees on the basis of sexual orientation.... But this definition would cover the Claiborne Hardware boycott, which was directed at white merchants. Participation in a political boycott, even if it has a racial dimension, cannot be equated with a simple act of discrimination. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
哈佛法律評論 2016: ... under the doctrine of "unconstitutional conditions," which holds that the government "may not deny a benefit to a person on a basis that infringes his constitutionally protected interests — especially, his interest in freedom of speech," this distinction between direct and indirect burdens on protected speech makes no constitutional difference. In fact, the Supreme Court has applied the doctrine to directly hold that the state cannot terminate contracts in retaliation for a contractor's exercise of First Amendment rights. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
哈佛法律評論 2016: As noted above, in the case of the anti-BDS statute, it is difficult to argue that a company's decision to boycott a particular nation is related to its ability to perform a contract for which it bids. Instead, the state is using its economic leverage to discourage protected boycott activity. With the unconstitutional conditions doctrine "undergoing something of a renaissance in the Roberts Court," the Court could well use AID's formulation of the doctrine to invalidate the anti-BDS statute even if it stopped short of extending First Amendment protection to all new bidders. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
哈佛法律評論 2016: Claiborne Hardware had not yet been decided in 1979, so it was not yet clear that participation in a political boycott was protected First Amendment activity. Today, the federal antiboycott statutes may be unconstitutional. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
哈佛法律評論 2016: A key feature of both federal statutes is that they apply only to boycotts organized by foreign nations against allies of the United States. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
Lawfare部落格 2019: In the Arkansas case, Arkansas Times v. Waldrip, the district court ruled that boycotts against Israel, as defined by the statute, are not protected by the First Amendment. Relying on FAIR, the court found that boycotts are not protected "inherently expressive conduct" because "a refusal to deal, or particular commercial purchasing decisions, do not communicate ideas through words or other expressive media." The court similarly concluded that Claiborne was not on point as it "did not 'address purchasing decisions or other non-expressive conduct'" and instead reached only "meetings, speeches, and non-violent picketing." Sobel, Nathaniel. Breaking Down the Combating BDS Act of 2019 and First Amendment Challenges to State Anti-BDS Laws. Lawfare. 2019-03-19 [2020-08-13]. (原始内容存档于2021-06-03).
紐約時報 2019-08-15: Thursday's decision was the first time the law was used against American lawmakers, though seven French politicians and European Union parliamentarians were denied entry in late 2017, according to The Jerusalem Post. Chokshi, Niraj. The Anti-Boycott Law Israel Used to Bar Both Omar and Tlaib. 紐約時報. 2019-08-15 [2020-11-09]. (原始内容存档于2021-06-08).
合法支持巴勒斯坦 2020: 紐約時報 editorial board criticized the Israel Anti-Boycott Act as "clearly part of a widening attempt to silence one side of the debate." The Los Angeles Times editorial board was unequivocal that boycott and divestment campaigns are protected by the First Amendment. Ten things to know about anti-boycott legislation. 合法支持巴勒斯坦. 2020-01-17 [2021-06-03]. (原始内容存档于2021-06-23).
羅格斯法律評論 2020,第1323頁: However, the Court's analysis made it clear that International Longshoremen was a case about laborlaw under the NLRA, rather than a case about individual rights or the boycott of foreign entities. ... Labor union boycotts have consistently "been analyzed differently than boycotts of business or civil rights groups" Boycotting a Boycott: A First Amendment Analysis of Nationwide Anti-Boycott Legislation(PDF). 羅格斯法律評論(英语:Rutgers Law Review) (羅格斯大學). 2020-05-15, 70 (5): 1304 [2021-06-03]. (原始内容存档(PDF)于2021-06-03).
巴勒斯坦團結法律支援 2015: That act of Congress in 1979 was a rider to legislation regulating US exports and it was intended to counter participation in the Arab League's boycott of Israel. Specifically, the anti-boycott law prohibited participation in a boycott in cooperation with a foreign country. In no way did that legislation apply to boycotts undertaken as a matter of social, political or moral conscience; nor could it, under core First Amendment principles that protect boycotts undertaken to protest foreign or domestic governmental policies or actions. Boycott and Divestment, Frequently Asked Legal Questions(PDF). Palestine Solidarity Legal Support. 2015-03 [2021-06-08]. (原始内容存档(PDF)于2019-10-23).
哈佛法律評論 2020: Such logic might have required the antiapartheid movement to address not just injustice by white South Africans, but also abuses by the black African National Congress leadership or by other African countries. ... Iran, ..., self-defines based on religion, yet current U.S. refusals to buy from Iran do not give rise to anti-Shia religious discrimination claims Wielding Antidiscrimination Law to Suppress the Movement for Palestinian Rights. 哈佛法律評論. 2020-02-10 [2020-08-28]. (原始内容存档于2021-06-03).
合法支持巴勒斯坦 2020: 紐約時報 editorial board criticized the Israel Anti-Boycott Act as "clearly part of a widening attempt to silence one side of the debate." The Los Angeles Times editorial board was unequivocal that boycott and divestment campaigns are protected by the First Amendment. Ten things to know about anti-boycott legislation. 合法支持巴勒斯坦. 2020-01-17 [2021-06-03]. (原始内容存档于2021-06-23).
哈佛法律評論 2020: As nine states argued in an amicus brief: it is "intuitively obvious . . . [that] targeting a particular group (and those associating with them) for the intentional infliction of economic harm is discrimination, by definition," and BDS does just that. Wielding Antidiscrimination Law to Suppress the Movement for Palestinian Rights. 哈佛法律評論. 2020-02-10 [2020-08-28]. (原始内容存档于2021-06-03).
哈佛法律評論 2016: And because political boycotts are directed at issues of public concern, they are protected activities that "rest[] on the highest rung of the hierarchy of First Amendment values." S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
Lawfare部落格 2019: In the Arkansas case, Arkansas Times v. Waldrip, the district court ruled that boycotts against Israel, as defined by the statute, are not protected by the First Amendment. Relying on FAIR, the court found that boycotts are not protected "inherently expressive conduct" because "a refusal to deal, or particular commercial purchasing decisions, do not communicate ideas through words or other expressive media." The court similarly concluded that Claiborne was not on point as it "did not 'address purchasing decisions or other non-expressive conduct'" and instead reached only "meetings, speeches, and non-violent picketing." Sobel, Nathaniel. Breaking Down the Combating BDS Act of 2019 and First Amendment Challenges to State Anti-BDS Laws. Lawfare. 2019-03-19 [2020-08-13]. (原始内容存档于2021-06-03).
哈佛法律評論 2016: Kontorovich has advanced this conduct-based argument, analogizing the anti-BDS statute to President Obama's executive order forbidding federal contractors from discriminating against employees on the basis of sexual orientation.... But this definition would cover the Claiborne Hardware boycott, which was directed at white merchants. Participation in a political boycott, even if it has a racial dimension, cannot be equated with a simple act of discrimination. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
哈佛法律評論 2016: ... under the doctrine of "unconstitutional conditions," which holds that the government "may not deny a benefit to a person on a basis that infringes his constitutionally protected interests — especially, his interest in freedom of speech," this distinction between direct and indirect burdens on protected speech makes no constitutional difference. In fact, the Supreme Court has applied the doctrine to directly hold that the state cannot terminate contracts in retaliation for a contractor's exercise of First Amendment rights. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
哈佛法律評論 2016: As noted above, in the case of the anti-BDS statute, it is difficult to argue that a company's decision to boycott a particular nation is related to its ability to perform a contract for which it bids. Instead, the state is using its economic leverage to discourage protected boycott activity. With the unconstitutional conditions doctrine "undergoing something of a renaissance in the Roberts Court," the Court could well use AID's formulation of the doctrine to invalidate the anti-BDS statute even if it stopped short of extending First Amendment protection to all new bidders. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
亞利桑那州議會: 亞利桑那州修訂法令,第35篇《公共財政》,第2章《公共基金的運用》,第9條《抵制與撤資以色列》,第393節《定義》:"Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either: (a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel. (b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason. 35-393. Definitions, 亞利桑那州議會, [2021-06-03], (原始内容存档于2021-06-04)
哈佛法律評論 2016: Claiborne Hardware had not yet been decided in 1979, so it was not yet clear that participation in a political boycott was protected First Amendment activity. Today, the federal antiboycott statutes may be unconstitutional. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
哈佛法律評論 2016: A key feature of both federal statutes is that they apply only to boycotts organized by foreign nations against allies of the United States. S.C. Code Ann. 11-35-5300 (2015). 哈佛法律評論. 2016-05-10 [2020-11-01]. (原始内容存档于2021-06-19).
巴勒斯坦團結法律支援 2015: That act of Congress in 1979 was a rider to legislation regulating US exports and it was intended to counter participation in the Arab League's boycott of Israel. Specifically, the anti-boycott law prohibited participation in a boycott in cooperation with a foreign country. In no way did that legislation apply to boycotts undertaken as a matter of social, political or moral conscience; nor could it, under core First Amendment principles that protect boycotts undertaken to protest foreign or domestic governmental policies or actions. Boycott and Divestment, Frequently Asked Legal Questions(PDF). Palestine Solidarity Legal Support. 2015-03 [2021-06-08]. (原始内容存档(PDF)于2019-10-23).
羅格斯法律評論 2020,第1323頁: However, the Court's analysis made it clear that International Longshoremen was a case about laborlaw under the NLRA, rather than a case about individual rights or the boycott of foreign entities. ... Labor union boycotts have consistently "been analyzed differently than boycotts of business or civil rights groups" Boycotting a Boycott: A First Amendment Analysis of Nationwide Anti-Boycott Legislation(PDF). 羅格斯法律評論(英语:Rutgers Law Review) (羅格斯大學). 2020-05-15, 70 (5): 1304 [2021-06-03]. (原始内容存档(PDF)于2021-06-03).
紐約時報 2019-08-15: Thursday's decision was the first time the law was used against American lawmakers, though seven French politicians and European Union parliamentarians were denied entry in late 2017, according to The Jerusalem Post. Chokshi, Niraj. The Anti-Boycott Law Israel Used to Bar Both Omar and Tlaib. 紐約時報. 2019-08-15 [2020-11-09]. (原始内容存档于2021-06-08).
芝加哥每日法律公報 2019-05-01: Those defending the constitutionality of the laws, like Kontorovich, maintain the trial court misinterpreted Claiborne to convey First Amendment protections to all activities associated with boycotts. "The actual issue at hand [in Claiborne] involves actual boycott organizing activities, basically calling on people to boycott and promoting a boycott, that is speech," he said. "The state can still get contracts under the state law if they say 'We hate Israel and we think Israel should be boycotted.' … They are entirely entitled to contract with the state because that's speech. … Boycotting Israel by itself does not tell you anything about the motives of the boycott." Mansur, Sarah. Free speech rights and the rise of anti-BDS legislation. 芝加哥每日法律公報(英语:Chicago Daily Law Bulletin). 2019-05-01 [2020-08-27].
芝加哥每日法律公報 2019-05-01: "I think the court has clearly said in Rumsfeld v. FAIR that the decision of who you do business with or not, even when you have a clear ideological motive, does not become expressive," said Eugene Kontorovich, a professor at George Mason University Antonin Scalia Law School and a director at the Kohelet Policy Forum in Jerusalem. Mansur, Sarah. Free speech rights and the rise of anti-BDS legislation. 芝加哥每日法律公報(英语:Chicago Daily Law Bulletin). 2019-05-01 [2020-08-27].
芝加哥每日法律公報 2019-05-01: Hauss, one of those attorneys, argued FAIR shouldn't control because that case didn't concern a consumer boycott movement and neither the word 'boycott' nor any citation to Claiborne appears anywhere in the FAIR ruling. "The notion that FAIR could overrule Claiborne, without even mentioning it, doesn't really pass the laugh test," Hauss said. "I think everyone understands when someone is participating in a BDS boycott that they are expressing something." Mansur, Sarah. Free speech rights and the rise of anti-BDS legislation. 芝加哥每日法律公報(英语:Chicago Daily Law Bulletin). 2019-05-01 [2020-08-27].
芝加哥每日法律公報 2019-05-01: Attorney Marc Greendorfer founded the Zachor Legal Institute, a think tank focused on legal challenges to the BDS movement. He said the Longshoremen case shows that the government can limit boycotts that serve as political protest of foreign nations' conduct. "It happens to be the case that International Longshoremen's involved unions, but it also involved directly analogous fact patterns," Greendorfer said. Mansur, Sarah. Free speech rights and the rise of anti-BDS legislation. 芝加哥每日法律公報(英语:Chicago Daily Law Bulletin). 2019-05-01 [2020-08-27].
羅格斯法律評論 2020,第1323頁: However, the Court's analysis made it clear that International Longshoremen was a case about laborlaw under the NLRA, rather than a case about individual rights or the boycott of foreign entities. ... Labor union boycotts have consistently "been analyzed differently than boycotts of business or civil rights groups" Boycotting a Boycott: A First Amendment Analysis of Nationwide Anti-Boycott Legislation(PDF). 羅格斯法律評論(英语:Rutgers Law Review) (羅格斯大學). 2020-05-15, 70 (5): 1304 [2021-06-03]. (原始内容存档(PDF)于2021-06-03).