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The court accepted the defendants’ claim that their action on Matisyahu was protected by freedom of expression and that their intention was not to discriminate against Matisyahu because he is Jewish but to protest Israel’s policies.
Matisyahu had been invited to perform at the Rototom music festival in 2015. But a campaign prompted the organizers to demand that Matisyahu, who is not an Israeli citizen but has performed in Israel and at an AIPAC junket, make the declaration on Palestinian statehood if he wishes to perform. The activists were part of the campaign and Matisyahu was the only performer asked to make statements about the subject.