Act 710 requires contractors to certify that they will not refuse to deal with Israel or with companies that do business with Israel. A boycott of Israel, as defined by Act 710, concerns a contractor’s purchasing activities with respect to Israel. While the statute alsoAlan Leveritt,
defines a boycott to include “other actions that are intended to limit commercial relations with Israel,” this restriction does not include criticism of Act 710 or Israel, calls to boycott Israel, or other types of speech. ....
To prevail under either of its theories, the Times must demonstrate that a refusal to deal, or its purchasing decisions, fall under the First Amendment, which protects speech and inherently expressive conduct. The Supreme Court has made clear that First Amendment protection does not apply to conduct that is not inherently expressive.
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