On June 22, the United States Court of Appeals for the Eighth Circuit ruled that an anti-boycott law in Arkansas was not unconstitutional. In other words, the Court said that boycotts are not protected free speech under the First Amendment, a break from most other federal courts in the country. This is one chapter in an ongoing saga of how right-wing legal activists are attempting to fight the Boycott, Divestment, and Sanctions (BDS) movement, waged by activists around the world against Israel’s illegal and immoral actions against Palestinians, in the courts by undermining the fabric of basic free speech rights.

Pro-Israel activists who have been waging attack after attack against the BDS movement in the United States court system are rejoicing. “[The decision] is a resounding victory for Arkansas’s antidiscrimination law and reinforces Arkansas’s relationship with our long-time ally, Israel,” said Arkansas attorney general Leslie Rutledge. Christians United for Israel (CUFI) Action Fund tweeted, “This is a victory for all those who believe tax dollars should not be used to support the antisemitic and anti-Israel BDS movement.”

The impact of this decision may be substantial — and may reach beyond organizing against Israeli apartheid. Other bans on boycotts relating to a wide variety of issues (like the fossil fuel, tobacco, and firearm industries, to name a few) may pop up in different states. Right-wing activist and law professor Eugene Kontorovich has already announced that he hopes this ruling will pave the way for federal anti-BDS legislation.