Split En Banc 8th Circ. Upholds Ark.'s Israel Boycott Ban

By Lauren Berg (June 22, 2022, 10:33 PM EDT) -- An Arkansas law prohibiting the state from contracting with companies that boycott Israel does not violate the First Amendment, a split en banc Eighth Circuit ruled Wednesday, reversing a split three-judge panel's decision after finding that the law affects only economic decisions, not protected free speech.

The en banc appellate majority reversed a 2-1 panel decision that revived the case brought by an alternative weekly newspaper, the Arkansas Times, saying Act 710 only prohibits economic decisions and does not prevent companies from engaging in public criticism of Israel or other protected political and free speech activities.

"It does not ban Arkansas...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!