On June 7, 2016, APN published its own "explainer" laying out in detail the reasons why the anti-BDS/pro-settlements Executive Order signed by New York Governor Andrew Cuomo is unconstitutional. You can find that explainer - which applies in all or in parts to anti-BDS/pro-settlements legislation being pushed and adopted in states across the U.S. -- here.
APN is by no means alone in its conclusion that this E.O., and similar legislation, is unconstitutional. For analysis/opinions from other groups, including major civil liberties organizations, see below.
- ACLU letter to House Appropriations subcommittee Chair (Rep. Granger, R-TX) and Ranking Member (Lowey, D-NY) 7/5/16: ACLU Letter Opposing Anti-BDS Amendments to House State-Foreign Operations
- LA Times Editorial Board 7/5/16: Boycotts of Israel are a protected form of free speech
- American Civil Liberties Union of New York 6/9/16: Gov. Cuomo’s BDS Blacklist Is an Affront to Free Expression
- Center for Constitutional Rights 6/9/16: Cuomo BDS Executive Order Points in the Direction of Joseph McCarthy
- Harvard Law Review 5/10/16: “…the anti-BDS statute passed by South Carolina and those being considered by several other states are likely unconstitutional in nearly all of their applications.”
- California Assembly Judiciary Committee staff 4/19/16: memo laying out in detail concerns regarding unconstitutionality of pending BDS/boycott legislation; California Senate Judiciary Committee staff 6/20/16: memo explaining in detail the changes made to the pending BDS/boycott legislation to address the unconstitutional elements of the earlier draft
- National Coalition Against Censorship 3/15/16: NY Anti-BDS Bills Threaten First Amendment Rights; UPDATE 6/9/16: NY to Blacklist Businesses Engaged in Boycott
- The Anti-Defamation League's Abraham Foxman 5/29/15: Comprehensive approach to fighting BDS is needed ("Legislation that bars BDS activity by private groups, whether corporations or universities, strikes at the heart of First Amendment-protected free speech, will be challenged in the courts and is likely to be struck down.")
American Civil Liberties Union – letters to state lawmakers opposing anti-BDS legislation on constitutional grounds: