Resources on the Question of Constitutionality & anti-BDS/pro-settlements laws


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.

  •  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
  • 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: