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Maryland hearing centers on bill to bar state contract requirement over foreign-government boycotts
Summary
Supporters told the Health and Government Operations Committee HB 14-60 would protect First Amendment speech and keep state contracting open to all businesses; opponents and questions focused on whether the provision targets Israel and on existing executive orders and litigation.
Delegate Delia K. Young, sponsor of House Bill 14-60, told the Health and Government Operations Committee on March 11 that the bill would bar the state from conditioning contracts on a company’s promise not to boycott a foreign government, arguing the requirement likely violates the U.S. Constitution and chills protected political speech.
Young said Maryland currently requires bidders to sign a number of certifications to do business with the state, and that one later certification “on its face” appears to compel a political viewpoint and could trigger strict judicial scrutiny. She said the provision raises concerns under the First Amendment and, she added, could raise questions under the Commerce Clause, Equal Protection and Due Process. Young also told the committee…
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