What's at Stake
In December 2018, the ACLU and ACLU of Arkansas filed suit challenging a state law that requires government contractors to pledge not to boycott Israel or reduce their fees by 20 percent, calling the law an unconstitutional tax on free speech.
The lawsuit, filed on behalf of Arkansas Times LP, asserts that the law (Act 710), which took effect in August 2017, violates the First and Fourteenth Amendments to the Constitution by suppressing one side of a public debate and imposing a tax on constitutionally-protected free speech.
Arkansas Times LP has for many years contracted with state actors to run advertisements in its various publications for University of Arkansas Pulaski Technical College (UAPTC). In 2018 however, on the basis of Act 710, UAPTC demanded that the CEO, Alan Leveritt, sign a certification agreeing that Arkansas Times LP will not engage in a boycott of Israel as a condition of the contract. Leveritt refused to sign any such certification and accordingly UAPTC has refused to enter into further advertisement contracts with Arkansas Times LP.
In January 2019 the district court dismissed the case and the ACLU and ACLU of Arkansas appealed the case to the 8th circuit.
For more information, see the ACLU of Arkansas’ case page
Reply Brief in Support of Petition for a Writ of Certiorari
Brief in Opposition to Petition for a Writ of Certiorari
Amicus Briefs in Support of the Petition for a Writ of Certiorari
- Amicus Brief of the Forum for Constitutional Rights & the Foundation for Individual Rights in Education Supporting Petitioner
- Amicus Brief of First Amendment Scholars Supporting Petitioner
- Amicus Brief of T'ruah et al. Supporting Petitioner
- Amicus Brief of Professor Lawrence Glickman Supporting Petitioner
Petition for a Writ of Certiorari
Appellants' Response to Appellees' Petition for Rehearing En Banc
Appellees' Petition for Rehearing En Banc
Appellant's Reply Brief
Amicus Briefs in Support of Arkansas Times LP
- Amicus Brief of the Center for Constitutional Rights and Palestine Legal
- Amicus Brief of Council on American Islamic Relations
- Amicus Brief of First Amendment Scholars
- Amicus Brief of Groups Participating in Boycotts of Israel
- Amicus Brief of Institute for Free Speech and Foundation for Individual Rights in Education
- Amicus Brief of National Lawyers Guild and Project South
- Amicus Brief of Prof. Lawrence Glickman
- Amicus Brief of Reporters Committee for Freedom of the Press and 15 Media Organizations
- Amicus Brief of T'ruah and J Street
Appellees' Answering Brief
Appellant's Opening Brief