Federal Judge Strikes Down Texas Anti-BDS Law For Violating The First Amendment

April 26, 2019 A federal judge in Texas ruled that a law that prohibits state contractors from boycotting Israel violates the First Amendment.

Bahia Amawi, a U.S. citizen of Palestinian descent, worked as an independent contractor for a school district in Austin, Texas for nine years. Last year, when her contract came up for renewal, it contained a clause that said she wouldn’t boycott Israel.

Texas is one of 25 states that have passed laws requiring state agencies to not do business with companies that support the BDS movement—boycott, divestment, and sanctions against Israel. The movement, which is modeled on the South African anti-apartheid movement, rose in response to Israel’s occupation of Palestinian territories and the country’s treatment of Palestinians.

When Amawi, who works as a speech pathologist, refused to sign the contract, the school district terminated her services. Amawi filed suit in December 2018 against the Pflugerville Independent School District and Ken Paxton, the Texas Attorney General.

Finally, citing the 1994 Supreme Court case, Turner Broadcasting System, Inc. v. FCC, which dealt with must-carry requirements imposed on cable television, Pittman wrote: “The statute threatens ‘to suppress unpopular ideas’ and ‘manipulate the public debate through coercion rather than persuasion.’ This the First Amendment does not allow.”

This is the third time in the past year that a federal judge has struck down legislation forcing people and companies to sign pro-Israel agreements.

Sauce : https://firstamendmentwatch.org/federal-judge-in-texas-strikes-down-anti-bds-law-for-violating-the-first-amendment/