Switch to the mobile version of this page.

Wednesday, January 23, 2019

Judge rejects Arkansas Times suit on Israel boycott law

Posted By Max Brantley on Wed, Jan 23, 2019 at 1:48 PM

Federal Judge Brian Miller has dismissed the ACLU-backed case by the Arkansas Times challenging the state law that penalizes those that want to do business with the state unless they sign a pledge not to participate in a boycott against Israel.

Judges in other states have enjoined similar laws. The Times sued after being told a regular advertiser — the Univesity of Arkansas's Pulaski Tech campus — wouldn't continue to bu7y advertising in the Times without our signing the pledge or taking a 20 percent reduction in rates. We have not participated in or editorialized on Israel boycotts, but objected to having potential editorial content dictated by the state.

Miller said he thought at first look that the law required a different result.

He said the Times had suffered injury on account of the law and had standing to sue. But he said the newspaper wasn't likely to prevail on the question because a boycott is not protected by the First Amendment. He acknowledged his decision diverges from opinions in two other federal courts. He wrote:

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 also
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.

Alan Leveritt, publisher of the Times, declined to comment on the ruling until he's talked further with lawyers about a potential appeal. Because of other court rulings, sponsors of this law had said an amendment was likely in this legislative session. Miller's ruling likely changes the odds of that.

Here's the judge's ruling.

Tags: Israel boytcott law, Arkansas Tijmes, Arkansas legislature, Biran Miller

Previous article
Republican women announce legislative ag…

Next article
Wednesday: Headlines and the open line

This form needs Javascript to display, which your browser doesn't support. Sign up here instead

Tweet

Instapaper

    Favorite
  Saving…
Share

    Comments
    
      (16)
    
Email

Comments (16)

Showing 1-16 of 16

Add a comment

Subscribe to this thread:

By Email

With RSS

Showing 1-16 of 16

More by Max Brantley

Supreme Court to take up LGBT discrimination in employment

The U.S. Supreme Court today announced it would consider a case that will decide whether the word "sex" in the Civil Rights Act of 1964 includes a prohibition on discrimination based on sexual orientation and gender identity.
- by Max Brantley
- Apr 22, 2019
State Education Department signals racial segregation is OK

School segregation is back and the state of Arkansas stands ready to defend it.
- by Max Brantley
- Apr 22, 2019
Whipping the votes for the next House speaker

The legislature adjourns this week with little formal action expected, though quiet talk seems likely to continue about the future leadership of the House of Representatives.
- by Max Brantley
- Apr 22, 2019
More »

Readers also liked…

Antwan Phillips wants to make a difference in reducing Little Rock violence

KARK/Fox 16's push to do something about Little Rock violence includes a spotlight on people trying to make a difference — in this episode Antwan Phillips, a lawyer at Wright, Lindsey and Jennings.
- by Max Brantley
- Aug 30, 2017
Little Rock housing study finds linkage between respiratory-related hospital stays and property code violations

People hospitalized for a respiratory-related illness at UAMS were twice as likely to rent a property that at some point has been issued a mold-related violation notice from Little Rock's Code Enforcement Division when compared to a control population adjusted for demographic differences.
- by Benjamin Hardy
- May 2, 2018
Little Rock school activists announce events for 60th anniversary of Central High crisis

The group is not affiliated with the official "Reflections of Progress" commemoration of the 60th anniversary. However, at least two of the Little Rock Nine may be joining the group for an event at 2:30 p.m. at the state Capitol in the Old Supreme Court Chamber.
- by Benjamin Hardy
- Sep 14, 2017

RT @jaimeadame_: 290 people die in Sri Lankan Easter blasts https://t.co/9msE98lqX0
Arkansas Democrat-Gazette

Arkansas faces new court fight over sedative for executions https://t.co/d5SKHBqy5g #ARNews https://t.co/6Ln9Ubqi5q
KARK4News

A dog found abandoned in Colorado has been returned to its family, nearly two years after it was stolen in Florida… https://t.co/TN8Igt8onm
KATV News

2019-20 Student Access Pass Renewals Underway
Arkansas Razorbacks - News

Fresh Air Weekend: Biographer Robert Caro; Actor Christopher Meloni
KUAR Newsroom

More Headlines...

Most Recent Comments

Re: Easter Sunday Open Line
- Does Morgan Freeman use CBD products?
- Posted by Arbiter of All Things AOAT
- on April 22, 2019
Re: Supreme Court to take up LGBT discrimination in employment
- I can see no reason why there should be ANY discrimination in any human variation,…
- Posted by Doigotta
- on April 22, 2019
Re: State Education Department signals racial segregation is OK
- Why-HELL YES! This is what leadership looks like in Arkansas, with spineless + heartless a$$a…
- Posted by RYD
- on April 22, 2019

This Week's Cover

Cover of this issue of The Arkansas Times

Quick Links

Special Publications

Browse Blogs

Browse Dining

Browse News

Browse Entertainment

Browse Guides

Browse Archives

Browse Best Of Ark

Browse Subscribe

Arkansas Blog

Wednesday, January 23, 2019

Judge rejects Arkansas Times suit on Israel boycott law

Posted By Max Brantley on Wed, Jan 23, 2019 at 1:48 PM

Comments (16)

More by Max Brantley

The U.S. Supreme Court today announced it would consider a case that will decide whether the word "sex" in the Civil Rights Act of 1964 includes a prohibition on discrimination based on sexual orientation and gender identity.

School segregation is back and the state of Arkansas stands ready to defend it.

The legislature adjourns this week with little formal action expected, though quiet talk seems likely to continue about the future leadership of the House of Representatives.

Readers also liked…

KARK/Fox 16's push to do something about Little Rock violence includes a spotlight on people trying to make a difference — in this episode Antwan Phillips, a lawyer at Wright, Lindsey and Jennings.

People hospitalized for a respiratory-related illness at UAMS were twice as likely to rent a property that at some point has been issued a mold-related violation notice from Little Rock's Code Enforcement Division when compared to a control population adjusted for demographic differences.

The group is not affiliated with the official "Reflections of Progress" commemoration of the 60th anniversary. However, at least two of the Little Rock Nine may be joining the group for an event at 2:30 p.m. at the state Capitol in the Old Supreme Court Chamber.

Site Index

Most Recent Comments

Re: Easter Sunday Open Line

Re: Supreme Court to take up LGBT discrimination in employment

Re: State Education Department signals racial segregation is OK

This Week's Cover

Quick Links

Special Publications