BDS Prohibition Laws To Be Examined By Supreme Court

The Eighth Circuit Court of Appeals reversed a decision made last year by a panel of three judges who found that mandating a pledge to not boycott Israel is unconstitutional.

However, the recent court ruling determined boycotts are not expressive conduct and instead related to commercial activity and therefore the state can regulate such actions.

“It only prohibits economic decisions that discriminate against Israel,” Judge Jonathan Kobes, who was appointed by former President Donald Trump, wrote in the court’s opinion. “Because those commercial decisions are invisible to observers unless explained, they are not inherently expressive and do not implicate the First Amendment.”