Q: What is the Arizona Right to Dissent campaign?
A: A statewide coalition of voters, residents, and public interest advocates fighting back against laws that require our public institutions to take political positions unrelated to their work — and that use our public funds to enforce those positions.
Q: Is boycotting legal under the U.S. Constitution?
A: Yes. The U.S. Supreme Court has long recognized politically motivated boycotts as protected expressive conduct, most notably in NAACP v. Claiborne Hardware Co. (1982).
Q: Didn’t Arizona already fix this law in 2019?
A: No. Public agencies and residents are still affected — larger contractors bidding for public work must certify a political position unrelated to their contract, and public investment funds are still conditioned on boycott compliance. The core violation of political freedom remains intact.
Q: Why was the law challenged in court?
A: An attorney was told he had to certify a political position — that he wasn't boycotting Israel — just to continue work he had already been doing for a public agency. A federal judge found the law targeted protected political expression.
Q: Why was the case dismissed if the law is unconstitutional?
A: The legislature modified the law mid-case, removing the original plaintiff from coverage. The court never ruled on the law’s constitutionality as a whole.
Q: What changed in 2022?
A: Arizona modified the divestment side of the law. This means the retirement savings of Arizona public employees and residents — held in state pension funds — are now directed by a political test rather than by the financial interests of the beneficiaries.
Q: How is this related to democracy?
A: When cities, towns, counties, and other public entities are required to include a political test in their procurement or investment policies, they no longer have local control over their affairs, and they are forced to embrace practices of totalitarian regimes—conditioning contracts on an unrelated political position.
Q: How is this related to people’s free speech rights?
A: The government is singling out one political viewpoint for punishment, chilling constitutionally protected activity, and compelling contractors to make a political pledge. That’s fundamentally at odds with the First Amendment of the US Constitution and Article 2, Section 6 of the Arizona Constitution.
Q: Is this about Israel specifically, or free speech more broadly?
A: The campaign is about democracy, free speech and political expression. While these laws focus on Israel, the precedent threatens the right to boycott for any political cause. Our goal is to protect everyone’s constitutional right to free speech, regardless of their political views.
Q: Are the threats to weaponize the anti-boycott laws hypothetical?
A: No. The legal template established by anti-boycotts and anti-divestment laws is already being used to shield other industries from boycotts. At least 13 states have anti-boycott laws unrelated to Israel. Alabama and Utah have the most restrictive laws, prohibiting a boycott of the fossil fuels, mining, agriculture, timber or firearms industries or boycott of a company over its failure to meet environmental standards, workplace equity standards or failure to provide gender-affirming care or reproductive health benefits.
Q: How does this affect everyday Arizonans?
A: If you work as a contractor with a state or local agency, you may be required to certify a political position you disagree with — or lose the contract. If you're a member of Arizona's public pension system, your retirement funds may be invested or divested based on a political test rather than your financial interests. And for everyone, the government's message is clear: hold the wrong political views, and you risk losing access to public opportunities.
Q: What does the campaign want lawmakers to do?
A: Repeal the law. Stop requiring Arizonans to certify political positions to access public contracts or to have their public funds managed free from political interference. Return control of public institutions to the voters and residents they serve.
Q: What’s next for the campaign?
A: If legislators and courts don’t act, we will pursue a statewide citizen initiative to let Arizonans vote directly on reclaiming their free speech rights — alongside candidate accountability, coalition building, public education, and legal challenges.