Today the American Civil Liberties Union of Maryland has released a statement saying that the Zirkin/Kramer Anti-Boycott Bill is unconstitutional.
While we take no position on the underlying boycott, we do oppose the bill, as it is inimical to democratic principles. The bill penalizes a point of view deemed unacceptable by government officials. It would allow the state to assume the role of censor in matters of political controversy.
It is well-accepted that boycotts are fully protected speech under the First Amendment to the United States Constitution. NAACP v. Claiborne Hardware, 458 U.S. 886, 907-915 (1982) (holding politically motivated boycott of white businesses to be constitutionally protected expressive conduct, and rejecting imposition of tort liability on organizers and participants). Yet SB 739 directs the state to retaliate against individuals and entities that participate in a boycott of Israel, simply because the state disagrees with the boycott. Such a directive by the state violates the First Amendment.
Read their full letter here.