US Western District Rules Against Pflugerville ISD in Boycott Israel Free Speech Case Somervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


 
to protect unpopular individuals from retaliation and their ideas from suppression at the hands of an intolerant society

US Western District Rules Against Pflugerville ISD in Boycott Israel Free Speech Case
 


25 April 2019 at 11:13:57 PM
salon

Link to court decision on ACLU site.  This is about lawsuit Bahia Amawi v Plugerville Independent School District.

From Informed Comment

The Council on American-Islamic Relations (CAIR), the nation's largest Muslim civil rights and advocacy organization today welcomed this afternoon's landmark victory in CAIR's First Amendment lawsuit on behalf of Bahia Amawi, the Texas speech language pathologist who lost her job because she refused to sign a "No Boycott of Israel" clause. 

This case is about whether Texas may prohibit boycotting the State of Israel as a condition of public employment. Plaintiffs in this case are all participants or supporters of the “BDS” movement. .....Congress, however, has declared that it “opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel, such as boycotts of, divestment from or sanctions against Israel.” 19 U.S.C. § 4452. Twenty-five states have enacted legislation or issued executive orders restricting boycotts of Israel, ....In 2017, Texas joined those states opposing the BDS movement when it enacted House Bill 89, codified at Tex. Gov. Code § 2270.001 et seq. (“H.B. 89”). Texas emphasizes that H.B. 89 was “widely supported” and “passed unanimously in the House, and 26-5 in the Senate.” (Texas Resp. Mots. Prelim. Inj., Dkt. 25, at 1; Texas Mot. Dismiss, Dkt. 55, at 1). As a result of the State’s disapproval of the BDS movement, Plaintiffs allege that they have lost the benefit of public Case 1:18-cv-01091-RP Document 82 Filed 04/25/19 Page 2 of 56 3 employment with the State of Texas, or fear losing such employment, and that H.B. 89 prohibits them from exercising their First Amendment right to boycott the State of Israel.

So, should a person who wants to commercially or otherwise boycott Israel be forced not to do so while having their freedom of speech curtailed? Nope. 

I love this, from Judge Robert Pittman, (bolding is mine) 

IV. CONCLUSION

The Court reiterates that this case is about whether Texas may prohibit boycotting the State of Israel as a condition of public employment.It is not about the merits of the significant and contentious public debate surrounding the relationship between Israel and Palestine. In coming to its conclusions, the Court is guided by first principles. “At the heart of the First Amendment lies the principle that each person should decide for him or herself the ideas and beliefs deserving of expression, consideration, and adherence. Our political system and cultural life rest upon this ideal.” Turner Broad. Sys. v. FCC, 512 U.S. 622, 641 (1994) (citations omitted). Texas has forcefully defended its decision to support Israel, and has emphasized that if is “far from alone” in its decision to enact “anti-BDS” legislation. (Texas Resp. Mots. Prelim. Inj., Dkt. 25, at 3–4). Twenty five states have enacted similar legislation or issued executive orders restricting boycotts of Israel, (see id. at 3), and Congress has declared its opposition to the BDS movement, see 19 U.S.C. § 4452. In Texas, only five legislators voted against H.B. 89. (Texas Resp. Mots. Prelim. Inj., Dkt. 25, at 4). Texas touts these numbers as the statute’s strength. They are, rather, its weakness. “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” W. Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624, 642 (1943). “[T]he  purpose behind the Bill of Rights, and of the First Amendment in particular[,]” is “to protect unpopular individuals from retaliation—and their ideas from suppression—at the hands of an intolerant society.” McIntyre v. Ohio Elections Comm’n, 514 U.S. 334, 357 (1995). Thus, “our citizens must tolerate insulting, and even outrageous, speech” in public debate. Boos, 485 U.S. at 322. They must do so “in order to provide ‘adequate breathing space’ to the freedoms protected by the First Amendment.” Id. (citing Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 56 (1988)). With H.B. 89, Texas compresses this space. The statute threatens “to suppress unpopular ideas” and “manipulate the public debate through coercion rather than persuasion.” Turner, 512 U.S. at 641. This the First Amendment does not allow. For the reasons given above, IT IS ORDERED that Plaintiff Amawi’s motion for a preliminary injunction, (Dkt. 8-2), and the Pluecker Plaintiffs’ motion for a preliminary injunction, (Dkt. 14-1, 1:18-CV-1100), are GRANTED. Defendants, and their officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this Order, are preliminarily ENJOINED from enforcing H.B. 89, codified at Tex. Gov. Code § 2270.001 et. seq, or any “No Boycott of Israel” clause in any state contract.

IT IS FURTHER ORDERED that the State of Texas’s motion to dismiss, (Dkt. 55), is DENIED.

IT IS FURTHER ORDERED that the University Defendants’ motion to dismiss, (Dkt. 24), is DENIED. IT IS FURTHER ORDERED that LISD’s motion to dismiss, (Dkt. 43), is DENIED.

IT IS FINALLY ORDERED that KISD’s motion to dismiss, (Dkt. 44), is DENIED.

SIGNED on April 25, 2019

. _____________________________________ ROBERT PITMAN UNITED STATES DISTRICT JUDGE 

 

 


Permalink Tags:          
     Views: 477 
Latest Blog Post by salon -Video- Somervell County Commissioners Court Special Sessions (2) Dec 23 2019

 You! Leave a Comment! You Know you Want To!
You must be a registered member to comment on the blog.
Your first post is held pending approval to make sure you're not a spammer bot

 Not registered? Or you can login!

LOGON - Name:Password:

New poster comments are moderated, meaning they won't show up until approved... or not.  Be patient-we have lives outside this blog, so it might take awhile You want to be rude? totally stupid? inappropriate? Racist? Bigoted? Flame war baiter? Your post may be deleted. Spammers or people posting pretend interest comments but really wanting to hawk their latest book or sell stuff or govt propaganda flacks won't see their posts published. Comments do not necessarily reflect the viewpoint of the site owner(salon).
If you have a problem with logging in or registering, please speak up right away. Love your comments. Oh, except spammers
More on commenting



     

Click Here for Main Page



Guest
Today Is  
Saturday, January 25, 2020

Latest Posts


Paul Harper offered to settle State of Texas ex rel. Best v Harper lawsuit for $68k back in 2016
pharper 12/29/2019 Views 653



Video- Somervell County Commissioners Court Special Sessions (2) Dec 23 2019

salon 12/23/2019 Views 681



Top 100 Posts on Somervell County Salon for 2019

salon 12/22/2019 Views 484



Plans for Somervell County Salon Blog for 2020
salon 12/22/2019 Views 386



Imagine you were called up for jury duty and some people said they'd already made up their mind
salon 12/22/2019 Views 408



National Review on Removing Trump from Office (12/2019)
salon 12/22/2019 Views 401


More Blog Headlines








 



Comments

salon > Quick update on this, via Pacer-Click on pic to see larger (Turk Case Update- Telephone Conference Hearing Set for March 8 2019 )

salon > Lance Been awhile. Send me an email at salon@glenrose.net with the names of who you're talking about, above. Also, the newspaper editor is no longer local, ie officed here, but the paper is run.... (What Happened to Jerry Jacene? )

LanceHall > I'd love to see the Hotel Guest books and see if Jacene's name shows up long before he officially *found* the tracks.  I'd like to know if the Visitor's Bureau has emails wit.... (What Happened to Jerry Jacene? )

LanceHall > I see the land or that part of it is now in the hands of Glen Rose's own Corky Underwood. Is Jacene still involved?   I had already informed the Visitor Bureau manager (who's.... (What Happened to Jerry Jacene? )





Home | Blog Home | About | News | Piazza | Calendar | Audio/Video/Open Rec | Search
Write!  |profile | quotes |
top Daily | top Weekly |top Month | top Year | Top All! | archives | subscribe RSS