Everyone Is Misreporting the Texas BDS Lawsuit: A Texas School District Did Not Require a Speech Pathologist to Sign a "Pro-Israel Pledge"

(Volokh Conspiracy) David E. Bernstein - Speech pathologist Bahia Amawi, who works as a contractor for the Pflugerville Independent School District in Texas, has filed a lawsuit claiming that an anti-boycott-of-Israel pledge she was asked to sign violates her First Amendment right to freedom of speech. Texas has a law banning state entities from contracting with businesses, including sole proprietorships, that boycott Israel. As a result, just like local governments require contractors to certify that they adhere to many other state laws, such as anti-discrimination laws and financial propriety laws, they also must certify that their business does not boycott Israel. It's no different analytically than requiring a contractor to pledge that the business does not refuse to hire Muslims, Jews, blacks, or veterans. This story is being widely misreported. The hysterical claims that Amawi is being forced to sign a pro-Israel pledge or personally do or not do anything in particular regarding Israel outside the context of her business are false. The writer is a professor at the George Mason University School of Law.


2018-12-19 00:00:00

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