FacebookTwitterGoogle+RedditEmail

Gov. Cuomo’s Anti-BDS Bill is a First Amendment Nightmare

On June 5 New York Governor Andrew Cuomo signed into law an executive order aimed at the Boycott, Divestment, and Sanctions (BDS) Movement. BDS is a non-violent economic and political protest against the Israeli occupation of the Palestinian territories.

In Cuomo’s order, which Salon reporter Ben Norton called “McCarthyite,” there is a provision that requires the state to create a list of companies that participate in the BDS movement. The list aims to publicly shame and financially harm those who exercise their First Amendment right of political protest.

And though Cuomo’s order will not stand up to a challenge in court, the list itself will cause extreme harm and damage- and that’s the plan.

Within the next 180 days, the Commissioner of General Services of the state of New York will deliver the initial list of BDS- participating companies to the governor. The list will be placed online for the public’s viewing. Companies are allowed to appeal their placement for 90 days in advance of their placement.

As Glenn Greenwald and Andrew Fishman described it in The Intercept:

Cuomo’s Executive Order requires that one of his Commissioners compile “a list of institutions and companies” which – “either directly or through a parent or subsidiary” – support a boycott. That government list is then posted publicly, and the burden falls on them to prove to the state that they do not, in fact, support such a boycott.

Note- the language Greenwald and Fishman cite in the accompanying image to this paragraph appears to indicate companies have time to appeal their placement prior to public posting, not after

Once a company is on the list, they can appeal for removal from the list. The list will be updated every 180 days.

Draconian stuff.

Even if the legislation doesn’t survive the inevitable legal challenges on its merits, the creation of such a list will have irreversible consequences.

One of the lingering after-effects of the Hollywood blacklist in the McCarthy era of the 1950s was the difficulty of the wrongly accused to find work, decades after the list had been closed. Despite the efforts of the Hollywood Ten, the breaking of the list did not result in the immediate reinstatement to work of those on the list.

Some would go without work for years due to their association with the blacklist and, by proxy, Communism. Even after the country by and large had rejected the blacklist and McCarthyite scaremongering, the ostracization of those associated with the list remained in place.

It’s for this reason that Cuomo’s legislation is so dangerous.

First Amendment rights of association and political protest are designed specifically to combat government interference. Cuomo’s anti- BDS law is an obvious and blatant violation of those rights. It will be struck down in court.

But if it is not struck down in time, if the courts do not manage to issue a stay on its implementation, or if the NY state bureaucracy can tie up the legal system while putting the order into effect, the list will exist. And once it exists, the damage will have been done.

Even when the law is struck down, the stigma of being associated with this draconian law will linger. Just as those who were on the Hollywood blacklist in the 1950s found it hard to find work for years after the list was broken, so too will businesses that are tied to BDS in NY state find it difficult to survive in the American economy.

Which is exactly the point. Cuomo wants the fear of that stigma to do the work of the law, no matter the outcome in the courts.

More articles by:

Eoin Higgins has a master’s degree in history from Fordham University. He lives in New York.

Weekend Edition
November 16, 2018
Friday - Sunday
Jonah Raskin
A California Jew in a Time of Anti-Semitism
Andrew Levine
Whither the Melting Pot?
Joshua Frank
Climate Change and Wildfires: The New Western Travesty
Nick Pemberton
The Revolution’s Here, Please Excuse Me While I Laugh
T.J. Coles
Israel Cannot Use Violent Self-Defense While Occupying Gaza
Rob Urie
Nuclear Weapons are a Nightmare Made in America
Paul Street
Barack von Obamenburg, Herr Donald, and Big Capitalist Hypocrisy: On How Fascism Happens
Jeffrey St. Clair
Roaming Charges: Fire is Sweeping Our Very Streets Today
Aidan O'Brien
Ireland’s New President, Other European Fools and the Abyss 
Pete Dolack
“Winners” in Amazon Sweepstakes Sure to be the Losers
Richard Eskow
Amazon, Go Home! Billions for Working People, But Not One Cent For Tribute
Ramzy Baroud
In Breach of Human Rights, Netanyahu Supports the Death Penalty against Palestinians
Brian Terrell
Ending the War in Yemen- Congressional Resolution is Not Enough!
John Laforge
Woolsey Fire Burns Toxic Santa Susana Reactor Site
Ralph Nader
The War Over Words: Republicans Easily Defeat the Democrats
M. G. Piety
Reading Plato in the Time of the Oligarchs
Rafael Correa
Ecuador’s Soft Coup and Political Persecution
Brian Cloughley
Aid Projects Can Work, But Not “Head-Smacking Stupid Ones”
David Swanson
A Tale of Two Marines
Robert Fantina
Democrats and the Mid-Term Elections
Joseph Flatley
The Fascist Creep: How Conspiracy Theories and an Unhinged President Created an Anti-Semitic Terrorist
Joseph Natoli
Twitter: Fast Track to the Id
William Hawes
Baselines for Activism: Brecht’s Stance, the New Science, and Planting Seeds
Bob Wing
Toward Racial Justice and a Third Reconstruction
Ron Jacobs
Hunter S. Thompson: Chronicling the Republic’s Fall
Oscar Gonzalez
Stan Lee and a Barrio Kid
Jack Rasmus
Election 2018 and the Unraveling of America
Sam Pizzigati
The Democrats Won Big, But Will They Go Bold?
Yves Engler
Canada and Saudi Arabia: Friends or Enemies?
Cesar Chelala
Can El Paso be a Model for Healing?
Mike Ferner
The Tragically Misnamed Paris Peace Conference
Barry Lando
Trump’s Enablers: Appalling Parallels
Ariel Dorfman
The Boy Who Taught Me About War and Peace
Binoy Kampmark
The Disgruntled Former Prime Minister
Faisal Khan
Is Dubai Really a Destination of Choice?
Arnold August
The Importance of Néstor García Iturbe, Cuban Intellectual
James Munson
An Indecisive War To End All Wars, I Mean the Midterm Elections
Nyla Ali Khan
Women as Repositories of Communal Values and Cultural Traditions
Dan Bacher
Judge Orders Moratorium on Offshore Fracking in Federal Waters off California
Christopher Brauchli
When Depravity Wins
Robby Sherwin
Here’s an Idea
Susan Block
Cucks, Cuckolding and Campaign Management
Louis Proyect
The Mafia and the Class Struggle (Part Two)
David Yearsley
Smoke on the Water: Jazz in San Francisco
Elliot Sperber
All of Those Bezos
FacebookTwitterGoogle+RedditEmail