I think they are facially constitutional, and Arkansas Times LP v. Waldrip (8th Cir. 2022) (en banc) was correct in upholding them (see also Prof. Michael Dorf's, Prof. Andrew Koppelman's, and my amicus brief on the subject, as well as Prof. Dorf's follow-up post). At the same time, they, like other antidiscrimination laws, might be unconstitutional as applied in certain situations, perhaps including selection of speakers at an academic conference (though the question is complicated when the government is acting as contractor). But yesterday's Eleventh Circuit decision by Judges Wilson, Branch, and Luck in Martin v. Chancellor avoids the question:
Abby Martin appeals the district court's dismissal of her 42 U.S.C. § 1983 suit … on the grounds of qualified immunity. She argues that the district court erred in dismissing her claim that Defendants violated her First and Fourteenth Amendment rights by refusing to contract with her to speak at an academic conference unless she signed a clause, required by Georgia law, promising she would not participate in a "boycott of Israel" for the duration of the contract. Specifically, Martin argues that, because it was clearly established that Defendants should have known that Georgia's law requiring the clause violated the Constitution, they are not entitled to qualified immunity.
The court disagreed with Martin's position; here's an excerpt:
