BOYCOTTING

4 definitions found across Law Mind sources

BOYCOTTINGAuthored
The Law Mind • 1120 words
Definition
Boycotting is a coordinated refusal by a group of persons to deal with, purchase from, or otherwise engage commercially or socially with a targeted individual, business, or entity, with the purpose of coercing the target to comply with certain demands or to inflict economic or social injury as a consequence of disapproval. The term derives from the practice named after Charles Boycott, a land agent in Ireland who became the subject of organized ostracism in 1880. In legal contexts, boycotting presents across several distinct fields: 1. Labor law. A concerted refusal by workers, a union, or its supporters to patronize or do business with an employer, or to induce others to do the same, as a tool of economic pressure during a labor dispute. 2. Antitrust law. A coordinated refusal by competitors to deal with a supplier, customer, or rival, which may constitute a restraint of trade or an unlawful conspiracy in restraint of commerce. 3. Political and consumer boycotts. Organized public campaigns urging individuals to withhold patronage from a business, country, or product as an expression of moral, political, or social protest. These are generally protected expressive activity under the First Amendment in the United States, though their legality varies by context.
Common Language
Modern common usage (Wiktionary): Present participle and gerund of boycott — i.e., the act of abstaining from using, buying, or dealing with someone as a form of protest or coercion. Historical common usage (Webster's 1913): The term postdates Webster's 1864 edition; by 1913 it was firmly established in ordinary English as organized collective ostracism of a person or business. The common meaning and the legal meaning are largely continuous, but the legal context introduces significant distinctions the ordinary definition obscures. In antitrust law, boycotting among competitors can constitute a per se illegal conspiracy regardless of the participants' subjective motives or the legitimacy of their grievance. In labor law, the legality of a boycott turns on whether it is primary (directed at the immediate employer) or secondary (directed at a neutral third party), a distinction invisible in everyday usage.
Common Confusion
Primary vs. secondary boycott. A primary boycott targets the employer or entity directly involved in a dispute and is generally lawful. A secondary boycott extends pressure to neutral third parties — suppliers, customers, or others who do business with the target — and is heavily restricted or prohibited under federal labor law in the United States. Researchers who encounter "boycott" in labor law sources without the primary/secondary qualifier should not assume legality. Boycotting vs. strike. A strike is a work stoppage by employees; a boycott is a refusal to patronize or deal. The two are distinct legal acts with different regulatory frameworks, though they may occur simultaneously.
Recognized Forms
/SUBTYPES Primary boycott. Workers or union members refuse to purchase from or patronize the direct employer in dispute. Secondary boycott. Pressure is extended to neutral third parties to force them to cease dealings with the primary target. Subject to significant legal restriction. Consumer boycott. Organized public campaign urging individual members of the public to withhold patronage from a business or product. Generally treated as protected expressive activity. Antitrust group boycott (concerted refusal to deal). Competitors or trading partners coordinate to exclude a rival, supplier, or customer from the market. Subject to antitrust scrutiny and, in some configurations, per se condemnation.
Why It Matters in Research
Researchers face three distinct traps with this term across the Law Mind corpus. First, the legal status of boycotting has changed dramatically across time and jurisdiction. In the late nineteenth and early twentieth centuries, many forms of labor boycotting were treated as criminal conspiracy or tortious conduct under both English and American law. Sources from that period may condemn as unlawful what modern labor law protects, and vice versa. Do not import historical illegality findings into modern legal analysis without checking the intervening statutory and doctrinal shifts. Second, the antitrust use of "boycott" (group refusal to deal) and the labor use of "boycott" (concerted refusal to patronize an employer) draw on the same word but operate under entirely different legal frameworks — the Sherman Act and the National Labor Relations Act, respectively, in the U.S. federal context. Sources that appear to address "boycotting" may be speaking to only one of these frameworks. The analytical conclusions do not transfer between them. Third, international trade boycotts (e.g., state-sponsored or politically motivated refusals to trade with particular countries or companies) implicate yet a third legal regime, including export control law and anti-boycott statutes, which are outside the scope of both labor and antitrust doctrine. Researchers working in historical sources should also note that the term "combination" was frequently used in older texts where a modern source would say "boycott" — particularly in labor and trade restraint contexts. Cross-referencing under COMBINATION, CONSPIRACY, and RESTRAINT OF TRADE will recover material that predates the term's adoption into legal vocabulary.
Historical Dictionary Support
Anderson's Dictionary of Law does not provide a direct entry on boycotting as a standalone legal concept. The fragment preserved in the source materials addresses general encouragements to trade — bounties, drawbacks, and similar regulatory incentives — which bears no direct relation to boycotting as a legal act. This gap is itself informative: Anderson's 1889 dictionary was published at precisely the moment the term was entering legal vocabulary following the Irish land agitation of 1880, and its absence or incomplete treatment in that source reflects the term's transitional status. Legal dictionaries of the period tended to treat the conduct under older heads — conspiracy, combination in restraint of trade, or malicious interference — rather than under the eponymous new label. The broader historical dictionary record across the late nineteenth century is consistent on one point: boycotting entered legal discourse as a suspected or presumptive wrong before its parameters were clearly defined. English courts and American courts diverged considerably in how they treated the intent element and the scope of permissible concerted action. Historical sources should be read with attention to which jurisdiction's law the author was applying.
Jurisdictional Note
In the United States, the legality of boycotting is substantially governed by the context: the NLRA governs labor boycotts, the Sherman Act governs antitrust group boycotts, and First Amendment doctrine governs consumer and political boycotts. Secondary boycotts are prohibited under Section 8(b)(4) of the NLRA. In the United Kingdom and other common law jurisdictions, the legal framework differs materially; historical English case law on labor boycotts is not reliable guidance for current U.S. doctrine.
Related Terms
Combination — Conspiracy — Restraint of Trade — Strike — Lockout — Secondary Boycott — Concerted Refusal to Deal — Antitrust — Labor Dispute — Coercion — Tortious Interference — Unfair Labor Practice
BOYCOTTINGmain
Anderson's Dictionary of Law • 1890
General encouragements, held out to all persons Indiscriminately, to engage in a particular trade or manufacture, whether in the shape of bounties or drawbacks, or other advantage, are always under legal control and may be discontinued at any time. Thus a law offering a sum for every bushel of salt manufactured in a State is a general law, regulative of internal economy, dependent for its continuance upon the dictates of public policy, and the voluntary good faith of the legislature. Such law does not belong to the class denominated "contracts," except so far as actually executed and complied with.¹ A combination between persons to suspend or discontinue dealings or patronage with another person or persons because of refusal to comply with a request made of him or them. The purpose is to constrain acquiescence or to force submission on the part of the individual who, by noncompliance with the demand, has rendered himself obnoxious to the immediate parties, and, perhaps, to their personal and fraternal associates. The persons directly so confederating have hitherto as a class been employees as against either their own employer or the employer of others in a like business, or else of retail dealers as against a particular manufacturer or wholesale dealer. The means employed have been the withdrawal of the custom and good-will in business of the immediate parties and of such others as they could influence. Any such combination is, and ever has been, at common law, a conspiracy, the unlawfulness consisting in the agreement for the concerted action; and aptly illustrates the well-settled principle that two or more persons may not combine to do toward another what one individual of his own accord might not unlawfully do. "The doctrine to be gathered from the cases seems to be that a conspiracy of this kind ceases to be legal when the means designed are characterized by force, threats, intimidation, molestation, improper interference, or compulsion." 1 It is against the criminal law for a number of men to band together for the purpose, through the power of combination, of injuring the business of another, by parading before his door, by placarding themselves with the word "boycott," by advising passers-by not to patronize the establishment, by distributing circulars filled with accusations and justifying the boycott, and by other devices calculated to induce the public to keep away from the alleged wrong-doer, - provided that the persons so engaged use force, threats, or intimidation. To constitute intimidation it is not necessary that there should be an overt act of violence or any direct threat by word of mouth: it is enough if the attitude of the accused was intimidating; and this may be shown by their numbers, methods, placards, circulars, and other devices. If the attitude and method is such as to deter any of the complainant's customers, even the most timid, from entering his place of business, or to inspire any portion of the general public with a sense of danger in ignoring their appeals, there is intimidation. In New York procuring money from another with his consent obtained by fear, induced by threat to do or to continue an injury to his property, constitutes "extortion;" and every person present when the money, or the agreement under which it was paid, is obtained, and who aids and abets the person to whom it is paid, by personal parThe word may refer to the fact of combinticipation or by silently acquiescing in the threats ing or to the resolution as executed. The practice takes its name from one Boycott, an agent for Lord Erne on certain estates in the western part of Ireland. Having lost favor with the tenants, from evictions and other harsh treatment, they agreed not to work for him, and the tradesmen of the community not to deal with him. "The word in itself implies a threat. In popular acceptation it is an organized effort to exclude a person from business relations with others by persuasion, intimidation and other acts which tend to violence, and thereby coerce him, through fear of resulting injury, to submit to dictation in the management of his affairs." 2 1 Salt Company v. East Saginaw, 13 Wall. 379 (1871), Bradley, J. See also Commissioners v. Woodstock Iron Co., 83 Ку. 153 (1886), cases. made by his associates speaking in their joint behalf, is liable as a principal, and he need not be present when the money is actually received.2 Associations have no more right to inflict injury upon others than have individuals. All combinations and associations designed to coerce workmen to become members or to interfere with, obstruct, vex or annoy them in working or in obtaining work because they are not members, or to induce them to become members; or designed to prevent employers from making a just discrimination in the wages paid to the skillful and the unskillful, the diligent and the lazy, the efficient and the inefficient; and all associations designed to interfere with the perfect freedom of employers in the proper management of their lawful business, or to dictate the terms upon which their gheny Co., Pa. (April 21, 1888), Slagle, J.: 35 Pitts. Leg. J. 399, 405. See "England under Gladstone," McCarthy. 110 Va. Law J. 709 (Sept., 1886), Atkins, J., in Crump v. Commonwealth. Affirmed, May 24, 1888. 2 People v. Wilzig, 4 N. Y. Cr. R. 403 (O. & T. N. Y. Co., June, July, 1886), Barrett, J. Sometimes called Theiss's Case. N. Y. Penal Code, §§ 552-53. See also * Brace Brothers v. Evans et al., C. P. No. 1, Alle-People v. Lenhardt, ib. 317 (June, 1886).
boycottingverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
present participle and gerund of boycott
boycottingnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
The act of something being boycotted.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In