State Contract Restrictions on Boycotts (H 7736)

In June, the House and Senate approved legislation barring the state from entering into a contract with any business engaged in a boycott against various "foreign states." In May, the ACLU testified that the legislation carries serious First Amendment implications and could be used to chill the free speech of state contractors. Boycotts by businesses are clearly protected by the First Amendment when they are used to bring about social change, but this legislation appears to restrict the ability of state contractors to engage in such boycotts. Discouraging businesses from engaging in political speech such as boycotts, out of fear that such a boycott will cost them a state contract, causes an improper chilling effect that, the ACLU argued, was unconstitutional. Unfortunately, the General Assembly disagreed. The ACLU urged Governor Raimondo to veto this legislation, but she signed it into law.