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AUSTIN – A federal court today ruled that a Texas law that requires government contractors to certify that they are not engaged in boycotts of Israel or companies that do business with Israel is unconstitutional. The judge ruled that the law, HB 89, which went into effect in 2017 violates the First Amendment’s protection against government intrusion into political speech and expression.
“Today’s ruling is a victory for the free speech rights of all Texans,” said Tommy Buser-Clancy, staff attorney for the ACLU of Texas, who argued the motion to block the law in court. “The right to boycott is deeply ingrained in American tradition, from our nation’s founding to today. The state cannot dictate the views of its own citizens on the Israel/Palestine conflict – or any issue – by preventing them from exercising their First Amendment right to boycott.”
“We applaud this decision, though nothing about it surprises us; in its decision the court has affirmed its understanding that this law was intended to chill the expression of personal opinion,” stated Terri Burke, executive director of the ACLU of Texas. “By any name, that’s free speech and free speech is the north star of our democracy. It’s foundational, and this decision underlines that no issue of importance can be addressed if the speech about it is stymied, or worse, silenced.”
The ACLU of Texas filed its lawsuit challenging the law on behalf of four Texans who were forced to choose between signing away their right to boycott or forgoing job opportunities and losing income. Those plaintiffs are represented by attorneys from the ACLU of Texas, the ACLU Speech Privacy & Technology Project, and Kevin Dubose of Alexander Dubose Jefferson & Townsend LLP in Houston.
“I’m very happy that the judge has decided to support our right to hold our own political beliefs and express them as we see fit,” said John Pluecker, a plaintiff in the ACLU of Texas lawsuit. “This ruling goes beyond just the plaintiffs – this law needed to be challenged for everyone. People in Texas need to know that our ability to earn our livelihoods won’t be threatened by the state because of our political positions.”