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The American Civil Liberties Union filed a federal lawsuit today arguing that an Arizona law requiring state contractors to certify that they won't boycott Israel violates the First Amendment. The ACLU filed the case on behalf of an attorney and his one-person law office, which contracts with the government to provide legal services to incarcerated individuals.
The American Civil Liberties Union filed a federal lawsuit today arguing that an Arizona law requiring state contractors to certify that they won't boycott Israel violates the First Amendment. The ACLU filed the case on behalf of an attorney and his one-person law office, which contracts with the government to provide legal services to incarcerated individuals.
The law, enacted in March 2016, requires that any company that contracts with the state submit a written certification that it is not currently boycotting Israel. The ACLU is also currently fighting a case filed in November against a similar law in Kansas.
The Supreme Court ruled decades ago that political boycotts are protected by the First Amendment, and other decisions have established that the government may not require individuals to sign a certification regarding their political expression in order to obtain employment, contracts, or other benefits.
"The First Amendment squarely protects the right to participate in political boycotts," said ACLU attorney Brian Hauss. "The government cannot use its financial leverage over state contracts to prevent people from exercising their constitutional rights."
The ACLU represents attorney Mikkel Jordahl, who has had a state contract to provide legal advice to inmates in Coconino County Jail for 12 years. Because of his political views, Jordahl refuses to purchase consumer goods and services offered by businesses supporting Israel's occupation of the Palestinian territories. Jordahl wants to extend his boycott to his solely owned law firm, Mikkel (Mik) Jordahl P.C. He also wants to use his law firm to provide legal support to other organizations engaged in boycotts and related political expression, but the law's certification requirement prevents state contractors such as Jordahl's firm from participating in these activities.
Jordahl's firm must renew its contract with the county every year. When he got the renewal paperwork in October 2016, it included an extra form that he had to sign to certify that the firm "is not currently engaged in a boycott of Israel." Jordahl signed it under protest, and has made sure to separate his personal boycott from his firm's activities. Now, in order to renew his contract, Jordahl has again been asked to sign the certification. If he agrees, Jordahl will have to limit his boycott participation. If he refuses, he will put a great deal of his income at risk.
"Whatever your stance on the boycott issue, everyone has a right to express their opinions on it and act accordingly," said Jordahl. "The state has no right to tell private companies how to act when it has nothing to do with state business."
The Arizona law is similar to legislation that has been passed in other states. The ACLU does not take a position on boycotts of foreign countries, but the organization has long supported the right to participate in political boycotts and has voiced opposition to bills that infringe on this important First Amendment right.
Today's lawsuit argues that the Arizona law violates the First Amendment for several reasons: it compels speech regarding protected political beliefs, associations, and expression; restricts the political expression and association of government contractors; and discriminates against protected expression based on its content and viewpoint. The lawsuit asks the court to strike down the law and bar state officials from requiring contractors to certify that they are not participating in boycotts of Israel.
In the lawsuit challenging the Kansas law, the ACLU represents a high school curriculum coach who cannot take part in a state program to train other teachers because she refuses to sign an anti-boycott certification. The state has thus far failed to address the First Amendment issues raised by the lawsuit, which is pending.
In July, the ACLU sent a letter to members of Congress opposing a bill that would make it a felony to support certain boycotts of companies doing business in Israel and its settlements in the occupied Palestinian territories. As a result, Senate sponsors of the bill are considering changes.
Today's complaint is here:
https://www.aclu.org/legal-document/jordahl-v-brnovich-complaint
This press release is here:
https://www.aclu.org/news/free-speech-lawsuit-challenges-arizona-law-aimed-anti-israel-boycott
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666"In a functional democracy, he would offer his resignation tonight."
A broker for Pentagon Secretary Pete Hegseth reportedly tried to make a "big investment" in a bundle of weapons stocks just weeks before the US and Israel launched their war on Iran, an unpopular assault that Hegseth has aggressively championed.
Citing three unnamed people familiar with the matter, The Financial Times reported on Monday that Hegseth's "broker at Morgan Stanley contacted BlackRock in February about making a multimillion-dollar investment in the asset manager’s Defense Industrials Active ETF... shortly before the US launched military action against Tehran." The bombing began on February 28.
A spokesperson for the Pentagon denied the story, calling it "entirely false and fabricated" and insisting that neither Hegseth nor any of his representatives approached BlackRock about such an investment. But the FT reported that the broker's "inquiry on behalf of the high-profile potential client was flagged internally at BlackRock."
The investment was not ultimately made because the fund—which includes behemoths such as RTX, Lockheed Martin, Boeing, and Northrop Grumman—was not available for Morgan Stanley clients to buy at the time.
The purchase would not have been immediately lucrative: Over the past month, the Defense Industrials Active ETF is down over 12%. But the reported allegation that Hegseth's broker sought to make the largest investment in the weapons industry set off alarm bells, particularly amid growing concerns that Trump administration officials are using inside knowledge and manipulating markets to cash in on the war.
"You know, back when the [US government] gave a damn about anti-corruption, this is something we would've seen as a 'no no,'" said Richard Nephew, a former anti-corruption coordinator at the US State Department.
Economist Justin Wolfers wrote of Hegseth that, "in a functional democracy, he would offer his resignation tonight."
Instead, Pentagon spokesperson Sean Parnell demanded that the FT issue an "immediate retraction," dismissing the newspaper's story as "yet another baseless, dishonest smear designed to mislead the public."
Hegseth has emerged as the most prominent and belligerent cheerleader of the Iran war in the US, and—according to President Donald Trump—the Pentagon chief was the first of the president's advisers to "speak up" in favor of the assault during the internal decision-making process.
Trump has also suggested Hegseth does not want the war to end, saying last week that the Pentagon chief was "quite disappointed" when the president claimed the conflict would be over shortly.
"I don’t want to say this, but I have to," Trump told reporters at the White House. "I said, Pete and General Razin’ Caine, this thing is going to be settled very soon, and they go, ‘Oh, that’s too bad.'"
"It is astonishing that any president would try to target, shame, and harass children just trying to be themselves, let alone a president with so many actual problems to address," said the state attorney general.
The US Department of Justice on Monday continued President Donald Trump's crusade against transgender youth competing in sports in line with their identity by suing the Minnesota Department of Education and the state's high school league.
"The United States files this action to stop Minnesota's unapologetic sex discrimination against female student athletes," says the complaint, filed in a federal court in the state by the DOJ's Civil Rights Division.
"The state of Minnesota, through its Department of Education, and the Minnesota State High School League require girls to compete against boys in athletic competitions that are designated exclusively for girls and share intimate spaces, such as multiperson locker rooms and bathrooms, with boys," the complaint continues. "This unfair, intentionally discriminatory practice violates the very core of Title IX of the Education Amendments of 1972."
The Associated Press noted that "the administration has filed similar lawsuits against Maine and California, and has threatened the federal funding of some universities over transgender athletes, including San José State in California and the University of Pennsylvania."
Tim Leighton, a spokesperson for the league, told the AP that it does not comment on threatened or pending lawsuits. According to The New York Times, Emily Buss, a spokesperson for the state department, said Minnesota's leadership was reviewing the complaint while remaining "committed to ensuring every child—regardless of background, ZIP code, or ability—has access to a world-class education."
While Trump and his allies have aimed to stop all trans women and girls from competing as they identify—including at the 2028 Olympic Games in Los Angeles—the fight with Minnesota specifically traces back to the president's February 2025 executive order, after which the administration began investigating the state.
The Minnesota Department of Education gets over $3 billion in federal funding. Democratic state Attorney General Keith Ellison sued to stop the administration from pulling that money last April. In September, the US departments of Education and Health and Human Services concluded that the state agency and league violated Title IX, and the case was referred to the DOJ in January.
In a Monday statement, Ellison said that the DOJ's lawsuit "is just a sad attempt to get attention over something that's already been in litigation for months."
"Donald Trump is currently facing an unpopular war that he launched, rising gas prices, massive health insurance price hikes, and a partial government shutdown caused in part by his ICE agents killing two Minnesotans in broad daylight," Ellison said, referring to Immigration and Customs Enforcement. "It is astonishing that any president would try to target, shame, and harass children just trying to be themselves, let alone a president with so many actual problems to address."
The DOJ filing about trans student-athletes came less than a week after Ellison and other Minnesota officials sued the Trump administration over its refusal to cooperate with state investigators probing the killings of Renee Good and Alex Pretti by federal immigration agents earlier this year, as well as the shooting of Julio Cesar Sosa-Celis, who was wounded but survived.
“Trump has shown he will abuse every inch of power we give him," said one critic. "So you would think that given an opportunity to check his authority and protect Americans, Democrats would jump at the chance."
Critics denounced the top Democrat on the US House Intelligence Committee after he said Monday that he would vote to extend a highly controversial authorization for warrantless government spying sought by President Donald Trump that has been abused hundreds of thousands of times under various administrations.
While acknowledging that many of his Democratic colleagues will vote against reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA) because they do not trust Trump to use the provision's sweeping surveillance powers legally, House Intelligence Committee Ranking Member Jim Himes (D-Conn.) signaled that he would support renewal and vote against any efforts for privacy protections.
“There’s a lot of people who are going to switch from yes two years ago to no today," Himes told The Hill. "Because even though Donald Trump’s been president for five years, and he has never abused the program—I would know it pretty much in real time if he did—even though that’s true, people don’t trust Donald Trump."
"And you know, that word came up a lot in the classified briefing; there’s a huge trust gap here," he added. "So there’s going to be a lot of people switching on the Democratic side from yes to no.”
While Section 702 ostensibly limits warrantless surveillance to non-US citizens, such spying also captures the communications of Americans. The measure has been abused at least hundreds of thousands of times, including to spy on protestors, congressional donors, journalists, and others.
“Donald Trump has shown he will abuse every inch of power we give him," Sean Vitka, executive director of the pro-democracy group Demand Progress, said in a statement Monday. "So you would think that given an opportunity to check his authority and protect Americans, Democrats would jump at the chance."
"But instead, Rep. Jim Himes is failing his critical role as an overseer of intelligence agencies and using his political power to lobby his fellow Democrats in service of the Trump administration domestic surveillance agenda," Vitka continued. "It is unforgivably cynical and reckless for Rep. Himes to make it easier for this administration to spy on Americans, especially at a time when government agencies’ have made it clear that they intend to supercharge surveillance with [artificial intelligence], and when their misuse of these powers is horrifically on display.”
Nearly 100 civil society groups including Demand Progress are urging congressional Democrats to "stand firm" and vote against Section 702 reauthorization without reforms, including closing the so-called data broker loophole.
Among the Democratic lawmakers reportedly considering voting against the extension is Rep. Dan Goldman (D-NY), who voted for reauthorizing Section 702 in 2024—when Congress extended the spying power until April 20, 2026.
“I supported it because I felt very comfortable that... additional guardrails were safeguarding Americans’ privacy in a sufficiently significant way as to justify the importance of getting this information on an urgent basis," he told The Hill. "And as a former prosecutor, I know how difficult it can be to get a search warrant, and especially in these cases where there often isn’t even probable cause, but my vote was taken on the expectation that the law would be implemented as written."
“And we now have an administration that has routinely, repeatedly, regularly—and seemingly and intentionally—violated numerous laws, undermined the Constitution, attacked our democracy, and simply cannot be trusted with the privacy information that is included in the materials gathered and potentially searched," Goldman continued.
"So unless I receive a lot more information about every single search for a US person that has been done by this administration since they came into office, I don’t see how I can possibly support the reauthorization," he added.