2020 Victories: 9th Circuit Throws Out Frivolous Lawsuit by Anti-Israel Attorney | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

9th Circuit Throws Out Frivolous Lawsuit by Anti-Israel Attorney

By ACLJ.org1609260834390

This is the latest installment of our year-end victories series looking back at some of the numerous victories by the ACLJ in 2020.

This year the ACLJ helped score a key victory in the 9th Circuit Court of Appeals in defense of the interests our ally Israel against harmful antisemitic discrimination and economic terrorism.

When a lawyer sued the state of Arizona over what he erroneously called suppression of free speech due to his support for anti-Israel organizations and activities such as those by the Boycott, Divestment, and Sanction (BDS) movement, we took action, filing a critical amicus brief in the case.

The BDS movement operates as a coordinated, sophisticated effort to disrupt the economic and financial stability of the State of Israel, including causing direct economic harm to persons conducting business in and with the State of Israel. And BDS proponents threaten to withdraw financial support from companies that engage in business interests in or with the State of Israel, its nationals, and its residents.

The goal of BDS is clear: the elimination of the State of Israel.

An Arizona-based attorney, Mikkel Jordahl – who was actively involved in organizations that share an anti-Israel bias – contracted with the state of Arizona for 12 years, providing legal advice and training to jail inmates.

Jordahl was aware of the state’s policy to not enter into business relations with companies that participate in activity that directly undermines the State’s own commercial policies and interests, such as BDS boycotts.

When Jordahl’s contract came up for renewal, he certified that his business was not acting in compliance with or adherence to calls for boycotts against Israel.

However, Jordahl stated that he, in his personal capacity, would not necessarily refrain from such anti-Israel boycotts. The county accepted his certification even with his caveat. However, he later voluntarily walked away from the agreement and, along with the ACLU, filed a frivolous free speech lawsuit.

As our amicus brief stated, Jordahl chose not to renew his contract, citing his objection to the statute. But then filed his lawsuit, erroneously claiming that the statute simultaneously chills and compels private speech in violation of the First Amendment.

We argued the Arizona statute in no way “chilled” the right to free speech, nor does it compel private speech or prohibit any private individual, acting in a personal capacity, from boycotting the State of Israel. Mr. Jordahl chose to walk away from the contract.

The 9th Circuit agreed with our arguments, ruling to “vacate the preliminary injunction and remand the case to the district court with instructions to dismiss the claims for declaratory and injunctive relief.”

Sadly, dangerous antisemitism is on the rise. Anti-Israel rhetoric like that spread by the BDS movement easily can and has led to appalling violence right here in America.

To help the ACLJ continue to have the resources we need to fight antisemitism and defend the interests of our ally Israel, please consider making a Tax-Deductible donation to the ACLJ through our year-end Matching Challenge. Your gift will be DOUBLED dollar-for-dollar through the end of the year.

You can read more in the ACLJ’s 2020 Victories Series here.

Chip in today and double your impact.

DonateYOUR GIFT DOUBLED
$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

Take action with the ACLJ as we continue fighting for life and liberty. Make a tax-deductible gift today. Have your gift doubled through our Matching Challenge.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Latest in
Israel

Federal Court Throws Out Lawsuit Seeking To Delegitimize Israel

By Mark Goldfeder1615474740000

One year ago, on February 25, 2020, a group of Palestinian activists – including those with ties to terrorists – in Washington, D.C., filed a massive lawsuit against Israeli Prime Minister Benjamin Netanyahu, former President Donald Trump, and several other prominent pro-Israel politicians and...

read more

Is Biden Administration Planning on Violating the Taylor Force Act?

By Mike Pompeo, Sander Gerber, and Stuart Force1615390165113

The Biden Administration has signaled its desire to resume aid to the Palestinian Authority (PA) as a way to jumpstart the moribund Israeli-Palestinian “peace process.” The obstacle to peace, however, is not the absence of U.S. assistance but the PA’s incentivizing of terrorism. The bipartisan...

read more

International Criminal Court Targets Israel in Investigation (Recap)

By Jay Sekulow1614897017723

Breaking News: The International Criminal Court (ICC) targets Israel in a new investigation. Today on Sekulow , we discussed the ICC’s targeting of Israel. ICC prosecutor Fatou Bensouda has announced that she is beginning an investigation into Israel for potential war crimes. The ICC has flirted...

read more

The ICC Does It Again, and It’s Not Pretty

By Skip Ash1613746440000

As we’ve pointed out before concerning the International Criminal Court (ICC) and its chief Prosecutor, both are highly susceptible to politics—often at the expense of “law” and the “rule of law” internationally. That happened again on Friday, February 5, 2021, when judges of Pre-Trial Chamber I of...

read more