老澳门开奖结果 Free Speech Case Challenges Law Aimed at Anti-Israel Boycotts
Kansas Law Requires Contractors to Sign Document Promising Not to Boycott Israel
TOPEKA, Kan. 鈥� The 老澳门开奖结果 filed a federal lawsuit today arguing that a Kansas law requiring a public school educator to certify that she won鈥檛 boycott Israel violates her First Amendment rights.
The law, which took effect on July 1, requires that any person or company that contracts with the state submit a written certification that they are 鈥渘ot currently engaged in a boycott of Israel.鈥�
The Supreme Court ruled decades ago that political boycotts are protected by the First Amendment, and other decisions have established that the government may not require individuals to sign a certification regarding their political expression in order to obtain employment, contracts, or other benefits.
鈥淭he First Amendment prohibits the government from using its financial leverage to impose an ideological litmus test,鈥� said 老澳门开奖结果 attorney Brian Hauss. 鈥淭his law is an unconstitutional attempt by the government to silence one side of a public debate by coercing people not to express their beliefs, including through participation in a political boycott.鈥�
The 老澳门开奖结果 represents Esther Koontz, who belongs to the Mennonite Church USA. In accordance with calls for boycott made by members of her congregation and her church, Koontz decided not to buy consumer products made by Israeli companies and international companies operating in Israeli settlements in the occupied Palestinian territories. Koontz participates in this boycott in order to protest the Israeli government鈥檚 treatment of Palestinians and to pressure the country to change its policies.
Having served as a public school math teacher for nine years, Koontz now develops her school鈥檚 math curriculum and trains teachers on how to implement it. She is also qualified to train teachers statewide as a contractor with the Kansas Department of Education鈥檚 Math and Science Partnerships program. When Koontz was asked to certify that she does not participate in a boycott of Israel, she said that she could not sign the form in good conscience. As a result, the state refuses to contract with her, and she is unable to participate as a trainer in the state鈥檚 program.
鈥淵ou don鈥檛 need to share my beliefs or agree with my decisions to understand that this law violates my free speech rights. The state should not be telling people what causes they can or can鈥檛 support,鈥� Koontz said. 鈥淚鈥檓 disappointed that I can鈥檛 be a math trainer for the state of Kansas because of my political views about human rights across the globe.鈥�
The Kansas law is similar to legislation that has been passed in other states. The 老澳门开奖结果 does not take a position on boycotts of foreign countries, but the organization has long supported the right to participate in political boycotts and has to bills that infringe on this important First Amendment right.
Today鈥檚 lawsuit argues that the Kansas law violates the First Amendment for several reasons: it compels speech regarding protected political beliefs, associations, and expression; restricts the political expression and association of government contractors; and discriminates against protected expression based on its content and viewpoint. The lawsuit asks the court to strike down the law and bar the Kansas Department of Education from requiring contractors to certify that they are not participating in boycotts of Israel.
In July, the 老澳门开奖结果 sent a letter to members of Congress opposing a bill that would make it a felony to support certain boycotts of companies doing business in Israel and its settlements in the occupied Palestinian territories. As a result, Senate sponsors of the bill are considering changes.
Today鈥檚 complaint is here:
/legal-document/koontz-v-watson-complaint
Today鈥檚 preliminary injunction memo is here:
/koontz-v-watson-memorandum-support-plaintiffs-motion-preliminary-injunction
Free Speech
Koontz v. Watson 鈥� Challenge to Kansas Law Targeting Boycotts of Israel
Free Speech
Koontz v. Watson 鈥� Challenge to Kansas Law Targeting Boycotts of Israel
Learn More 老澳门开奖结果 the Issues in This Press Release
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老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban
WASHINGTON 鈥� Today, the 老澳门开奖结果, the Electronic Frontier Foundation (EFF), and the Knight First Amendment Institute at Columbia University filed an amicus brief urging the Supreme Court to block the enforcement of a law that would effectively ban people in America from using TikTok as soon as January 19, 2025. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok鈥檚 challenge to the law. TikTok has asked the Supreme Court for a temporary injunction to prevent the app from being banned while the court considers whether to take the case, saying that unless the justices intervene, the law will 鈥渟hutter one of America鈥檚 most popular speech platforms the day before a presidential inauguration.鈥� 鈥淭he Constitution imposes an extraordinarily high bar on this kind of mass censorship,鈥漵aid Patrick Toomey, deputy director of 老澳门开奖结果鈥檚 National Security Project. 鈥淭he Supreme Court should take up this important case and protect the rights of millions of Americans to freely express themselves and engage with others around the world.鈥� The brief argues that the D.C. Circuit failed to fully address the law鈥檚 profound implications for the First Amendment rights of the 170 million Americans who use TikTok. While the lower court鈥檚 decision correctly recognized that the statute triggers First Amendment scrutiny, it barely addressed users鈥� First Amendment interests in speaking, sharing, and receiving information on the platform. The court also perplexingly attempted to cast the government鈥檚 ban on TikTok as a vindication of users鈥� First Amendment rights, which it is not. The rights groups also explain that the law was intended to suppress certain content and viewpoints that many legislators believe could be amplified on TikTok, including the risk of foreign 鈥減ropaganda.鈥� But under the First Amendment, the government must meet a very high bar to restrict speech based on concerns about its 鈥渕otivating ideology鈥� or 鈥減erspective,鈥� and the government has not come close to meeting that bar here. 鈥淭he government should not be able to restrict speech, especially to the extent here, based on guessing about the mere possibility of uncertain future harm,鈥� said David Greene, civil liberties director at EFF. 鈥淭he Supreme Court should put the TikTok ban on hold while it considers the DC Circuit鈥檚 erroneous ruling.鈥� Finally, the brief underscores that the government can鈥檛 impose this type of sweeping ban unless it鈥檚 necessary to prevent extremely serious and imminent harm to national security. But the government has not provided evidence of impending harm, or evidence that banning TikTok is the only available way to address its concerns. As the brief explains, the D.C. Circuit improperly treated the government鈥檚 invocation of 鈥渘ational security鈥� as a trump card and failed to hold the government to its burden. 鈥淩estricting citizens鈥� access to foreign media is a practice that has long been associated with repressive regimes, and we should be very wary of letting the practice take root here,鈥� said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University. 鈥淚t would do lasting damage to the First Amendment and our democracy if the Supreme Court let this ban go into effect even temporarily.鈥� You can find the brief online here: https://www.supremecourt.gov/DocketPDF/24/24A587/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf -
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