anti-boycott law – A new “Right to Dissent” effort challenges Arizona’s Israel anti-boycott contracting rules, arguing they pressure speech and conscience.
A new campaign in Arizona is taking direct aim at a decade-old law that bars state-linked contracts from going to businesses that boycott Israel, framing the fight as a First Amendment issue about political speech.
The “Right to Dissent” campaign says the core problem is simple: even when public officials insist they are enforcing policy. the contracting pledge functions like compelled expression—requiring businesses to swear they will not participate in a boycott.. The group is starting with public outreach and legal strategy. but leaders say the long-term plan is to build toward a statewide citizen initiative that could repeal the law and prevent similar measures from taking hold.
Arizona lawmakers adopted the requirement in 2016, when Gov.. Doug Ducey signed House Bill 2617.. The statute prohibited state agencies. local governments. and public universities from contracting with companies unless the business certified it was not currently engaged in a boycott of Israel and agreed not to engage in one in the future.. For supporters of the campaign. that combination—certification plus a promise of future conduct—turns a political preference into a contractual condition.
The issue first became a court test in 2017.. An attorney. Mikkel Jordahl. challenged the law after signing the anti-boycott certification to keep a public legal services contract with the Coconino County Jail District.. The campaign’s account of the litigation centers on the dilemma Jordahl said he faced: he personally boycotted certain consumer goods and services linked to Israel. but the certification requirement created pressure to choose between his beliefs and a significant income tied to the contract.
A federal judge blocked the law on First Amendment grounds.. The state appealed to the 9th Circuit, but the controversy shifted before a final ruling.. Arizona amended the statute to narrow its reach to for-profit companies with more than ten employees and contracts over $100. 000—an adjustment that. according to the legal pathway described by the campaign. removed Jordahl’s standing and led to dismissal.. Later changes in 2022 expanded the certification requirement to cover state universities. community colleges. and employee retirement funds. keeping the pledge alive in more parts of the public contracting ecosystem.
The campaign argues the practical effect has not disappeared; it has just changed its form.. Under the current framework. businesses still face a choice at the point of contracting—whether to accept the state’s compelled certification or risk losing access to government-linked revenue.. Thabet Khalidi. an organizer with the campaign. said the continuing nature of the law forces firms into a tradeoff between “values” and “livelihood.” For many business owners. the moment is not abstract.. A contract can be the difference between steady payroll and layoffs, and a government certification can become a gatekeeping tool.
While the policy dispute is tethered to Arizona’s Israel anti-boycott language. campaign leaders say the argument is bigger than one issue.. Supporters reference the current political climate around Gaza. saying the events unfolding there have intensified their belief that boycott is a form of political expression rather than misconduct that government should punish.. Khalidi also frames the state as an enforcer of ideology. not a neutral buyer—arguing that Arizona should not use procurement rules to pressure speech it disfavors.
That “beyond the headline” framing may be central to why the campaign’s approach mixes constitutional theory with coalition building.. Right to Dissent is recruiting public support. seeking plaintiffs for future legal challenges. and outlining lobbying goals directed at state lawmakers before pivoting to a voter initiative.. The campaign’s leaders appear to believe legislative repeal alone is unlikely. pointing to expectations that legislative leadership will resist efforts to unwind the policy.
They may also be responding to a pattern Arizona politics has seen in recent years: procurement rules that extend beyond one targeted topic.. The campaign cites a newly introduced House bill that would restrict certain companies based on where they are housed and require certifications of compliance—an example organizers use to argue that states increasingly thread ideology into contracting requirements.. From their perspective. the First Amendment fight is also a cautionary tale about how quickly “certify or be excluded” can spread.
Coalition members reflect that cross-section.. The campaign lists participation from state and local political actors and advocacy organizations, including Sen.. Analise Ortiz, D-Phoenix, and others involved with civil rights and community-based groups.. Their messaging is aimed at persuading both lawmakers and the public that procurement policy can’t become a backdoor way to mandate political alignment.
The campaign is also attempting to convert legal risk into a recruitment tool.. Khalidi said small businesses meeting certain contract and employee thresholds—again. the figures tied to the law’s narrower scope—should consider challenging it.. The strategy matters because standing in constitutional cases can hinge on whether plaintiffs have a direct, personal injury.. A voter initiative, by contrast, would bypass some court hurdles but requires sustained political momentum.
Political resistance may be the hardest obstacle.. Senate President Warren Petersen signaled that he and his leadership support Israel. and House Republicans’ spokesperson indicated that legislative leadership would not entertain repeal.. Even if that position holds. campaign leaders argue the path remains open: first. educate and pressure; then. lobby and find challengers; and finally. let voters decide through a citizen-led measure.
For Arizona. the underlying question is likely to outlast this specific statute: when the state writes procurement rules that bind private companies to political promises. is it regulating contracts—or compelling speech?. As Right to Dissent builds its next phase. that question will increasingly define the tone of the debate across the state house. the courthouse. and the ballot.
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