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Free Speech

Our First Amendment rights are under attack. On June 5th Governor Cuomo signed executive order #157 that divests New York State funds from any companies that support Boycott, Divestment, and Sanctions (BDS) against the State of Israel. It also creates a blacklist of those companies that is public and that will take input from the general public. And Governor Cuomo had the temerity to say that "we'll boycott those who boycott."

The Supreme Court in its 1982 NAACP vs Claiborne Hardware Co decision recognized boycotts as a First Amendment form of protected free speech. This means it is wrong for New York State to penalize those who engage in constitutionally protected free speech, whether Governor Cuomo agrees with their points of view or not. And having New York State assess our political motivations and then create a database of those it disagrees with is a serious threat to our civil liberties.

Boycotts have long been recognized as a legitimate and non-violent method of trying to change behavior. History is replete with examples: from our forefathers refusal to pay taxes to the British without representation, to Ghandi's Salt Strike, to the Montgomery Bus Boycott, to the boycotting of South Africa, to today's boycotting of North Carolina for its discrimination against the Transgender community.

In reaction to Governor Cuomo's boycott ban, I and other Woodstock citizens are organizing a campaign to have the Woodstock Town Board pass a resolution that reaffirms our rights to free speech and our rights to boycott. It is important for individuals and communities to defend their basic human rights when they are under attack. We are planning a series of informational sessions and a petition campaign as a show of community involvement in a lead up to the introduction of the resolution for a town board vote.

If you believe in free speech, please sign our online petition and follow our progress at WoodstockFreeSpeech.org. Please inform your friends and neighbors and ask them to join us.

Nic Abramson
Shady, NY

McCarthyism is wrong

Whatever your views on Israel/Palestine . . . , McCarthyism is wrong                                                                      

Governor Cuomo’s Executive Order No. 157, which he signed on Sunday, June 5, should be of concern to each and every one of us. This executive order threatens the rights of Americans to take collective action to address injustice by using boycott as a form of free expression and as a powerful means of protest. Furthermore, the creation of the related discriminatory “blacklist,” which the New York Office of General Services will post on its website and update semi-annually, is blatantly dangerous.

Thankfully, the First Amendment to the United States Constitution protects our right to free speech. This means we are allowed to express, be exposed to, and receive a wide range of facts, opinions, and viewpoints – even when the ideas are unpopular.  Under this umbrella of free speech, Americans have the right to boycott, and we have a long history of using boycott as a tactic to achieve justice.  Let’s remember that before the American Revolution, colonists boycotted British goods (think, “no taxation without representation”?) and that, since then, American citizens (and corporations) involved in social justice movements have used boycotts for issues ranging from Animal Rights, Testing, and Welfare; to Civil Rights; to Environmental Health/Integrity; to Human Rights; to LGBTQ Discrimination; to Labor and Worker Rights; to . . .   

We can look back to the Montgomery Bus Boycott of the Civil Rights era to fight segregated buses; to Cesar Chavez’s boycott of grapes to fight the toxic spraying of insecticides; to the boycott of South Africa to end apartheid; to the more recent fast-food worker boycotts to raise the minimum wage; and to peoples/corporations current refusal to do business with North Carolina for its recent banning of local LGBT nondiscrimination ordinances and its requirement that transgender people use public bathrooms that match their birth certificates. The list goes on.

However, Governor Cuomo’s shameful signing of Executive Order No. 157 against institutions and companies that support Boycott, Divestment, and Sanctions (BDS), an international, grassroots, nonviolent movement to gain freedom, equality, and justice for Palestinians, goes against this history. Perhaps the only good news here is that the First Amendment of the U.S. Constitution still guarantees our right to advocate for change, to organize against injustice, to engage in boycotts, and, yes, to advocate for BDS. 

To learn more, go to palestinelegal.org/newyork. 

The #RightToBoycott is a constitutionally protected form of political free speech. 

We will not be silent.

Helaine Meisler

In a direct attempt at suppression of First Amendment rights

As veterans and as members of Veterans For Peace, we have not forgotten our oath to protect the Constitution, but even if we were not  veterans, there are fundamental rights that any citizen would not want to see violated. The First Amendment comes to mind.

In a direct attempt at suppression of First Amendment rights, New York Gov. Andrew Cuomo signed an Executive Order that would create a blacklist of groups, institutions, and businesses that support or advocate a boycott of Israel. It would also withdraw State funds from any organization or institution that in any way supports or endorses boycott, divestment, and sanctions (BDS) as a tool in the struggle against Israeli oppression of the Palestinian people.

The BDS movement, initiated in 2005 by Palestinian civil society, is now a global campaign using nonviolent means to place economic and political pressure on Israel to comply with international law; end the occupation of Palestinian land, including Gaza; grant full equality for Arab-Palestinian citizens of Israel. and respect the right of return of Palestinian refugees.

For almost 70 years, Israel has denied Palestinians their fundamental rights of freedom, equality, and self-determination through ethnic cleansing, colonization, racial discrimination, and military occupation.

The right to express solidarity and join the BDS movement is a fundamental right of all people. It is also a clear expression of the First Amendment.  All veterans took an oath to defend the Constitution and to stand for the right of free speech, and many died thinking they were protecting those rights for all people.

It is worth noting that the New York State legislature failed to pass similar legislation making it illegal to advocate BDS largely because of obvious questions about its constitutionality.

Unfortunately Gov. Cuomo has surrendered to pressure from the powerful Israeli lobby and is disregarding both the U.S. Constitution and the illegality of the Israeli occupation.

In a classic example of hypocrisy and doublespeak, turning a blind eye toward blatant Israeli discrimination against the Palestinian people, Gov. Cuomo stated that “this state will not stand for the politics of discrimination in any form . . . and will do everything in its power to end the hateful, intolerant campaign.”

How different from the great South African civil rights advocate, Desmond Tutu, who said, "I have witnessed the systemic humiliation of Palestinian men, women and children by members of the Israeli security forces . . . Their humiliation is familiar to all black South Africans who were corralled and harassed and insulted and assaulted by the security forces of the apartheid government."

Bishop Tutu early on declared his full support for the use of boycotts and economic sanctions as a nonviolent means to compel Israel to alter its policies, noting their effectiveness in the successful struggle against South African apartheid. Veterans For Peace fully supports peoples right to free speech and also stands with Desmond Tutu and many other human rights advocates who support the international BDS campaign.  

Tarak Kauff

Veterans For Peace

Board of Directors

Managing Editor

Peace In Our Times

Governor Cuomo embarrasses and discredits himself

To the Editor:

On Sunday, Governor Cuomo exceeded his authority and issued an executive decree seeking to silence New Yorkers who are calling for a boycott of Israel in an attempt to win equality and human rights for Palestinians ("Cuomo to Halt State Business With Groups That Back Boycott of Israel"). He needs to cancel this unconstitutional decree without delay.

Boycott is a time-honored and non-violent method that has been used to defeat discriminatory and oppressive systems throughout history:  recent examples are the Montgomery, Alabama, bus boycott to confront racial segregation; the boycott of California grapes to help farmworkers win improvements in their wages and conditions; and the boycott, divestment and sanctions against South Africa to force that country to abandon its system of white domination. Governor Cuomo himself declared a boycott on state-financed trips to North Carolina in response to that state's discriminatory legislation against trans people. 

Boycotts seek to change specific policies, and the boycott of Israel is no exception. It seeks an end to the half-century-long occupation of the West Bank; an end to the brutal 10-year-long siege of Gaza; equal rights before the law for Palestinians  inside Israel itself; and the right of Palestinian refugees expelled from their homes since 1948 and lands and now living in squalid refugee camps, many of them for generations, to return to their country. These are all demands upheld by international law and supported by almost every government in the world.

By trying to stifle political speech, Governor Cuomo embarrasses and discredits himself. But there is no way that the movement for justice for Palestinians will somehow melt away under this blow. Our First Amendment rights are too important for that. See you in court, Andy!

Naomi Allen

Governor Cuomo would stoop so low

To the Editor:

Sadly, Governor Cuomo’s recent Executive Order punishing BDS supporters shows that he is more interested in pandering to a small segment of his constituency rather than supporting honest, open, and free political speech. Boycotts have always been a powerful vehicle for expressing political views and fostering change. Our nation has a long tradition of boycotts beginning with the boycott of British products which helped to spark the Revolutionary War which led to our independence. Recent boycotts have helped secure civil rights, labor rights, women's rights, and animal rights. The Boycott, Divestment, and Sanctions (BDS) movement against Israel is a non-violent call to address the deprivation of Palestinian human rights. BDS calls for the end of Israel’s military occupation of Palestinian land. BDS calls for equal treatment of both Israelis and Palestinians. Lastly, BDS calls for the return of land, farms, and homes which were stolen from Palestinians. In recent years BDS has gained momentum and hopefully this peaceful movement will result in changes to Israel's apartheid policies. Governor Cuomo’s wrongheaded attempt at curtailing our First Amendment right of free speech (which includes the blacklisting of boycotters) is not only disgraceful and unconstitutional, it is downright embarrassing. I wonder if this shameless and illegal behavior by an elected official is grounds for impeachment? In a state with such rampant corruption among elected officials perhaps it is not so surprising that Governor Cuomo would stoop so low. Hopefully, the Governor will see the error in his ways and rescind the order.

Eli Kassirer New Paltz, NY

Forgetting the Liberty

Gov. Cuomo — forgetting the Liberty

By Carl Strock

Gov. Cuomo celebrating Israel on Fifth Avenue after signing an executive order to protect it from a boycott movement.

Today is June 8, the 49th anniversary of an event that has been all but erased from the national memory, that is, the attack on the American naval vessel the USS Liberty by our great partner in peace and democracy, Israel, killing 34 American servicemen and wounding 171. It’s an occasion that this year has been marked by Gov. Andrew Cuomo — accidentally, and incongruously — with an executive order requiring New York State agencies to divest from any companies that participate in the growing boycott of Israel. “If you boycott Israel, we’ll boycott you,” the governor declared at a signing ceremony on Sunday, which was Celebrate Israel Day, before marching in the Celebrate Israel parade on Fifth Avenue in Manhattan.

The governor thus put himself at the service of Israel’s international campaign to quash the Boycott-Divestment-Sanctions movement, known as BDS, that was launched in 2005 by leaders of Palestinian civic organizations and that has been growing ever since. Quash it Israel must, if it is not to go the way of South Africa and transform itself from an ethnically exclusivist state to a state of equal rights for all. A boycott, after all, was a major factor in South Africa’s makeover.

Israel has committed $26 million to the anti-BDS effort, and American Jewish potentates led by Sheldon Adelson have committed another $50 million. The effort involves getting institutions of higher learning, like the University of California, to link criticism of Israel with anti-Semitism and pressuring state legislatures, like New York’s, to pass laws punishing organizations that participate in BDS. The New York State Senate graciously obliged, but the bill it passed is hung up in the Assembly, so Gov. Cuomo boldly acted on his own, explaining that legislation “can often be a tedious affair.”

Now the state Office of General Services will be required to draw up a blacklist of companies and organizations that participate in the boycott of the Jewish State, and state agencies will have to pull out any money they have invested in those companies. The practical effect might not be great: How many companies boycott Israel? Probably not many. Boycotters tend to be religious, labor and academic organizations. But the politics for Cuomo is irresistible, meaning the play for the Jewish vote, to put it baldly, and the audience for his order-signing reflected that — a small sea of yarmulkes. The Jewish persons of my own acquaintance tend to be dismayed at Israel’s continuing military occupation of 2.8 million Palestinians in the West Bank and blockading of 1.7 million more in Gaza, but the most prominent Jewish organizations, like the regional Jewish Federations and the Hillels, not to mention prominent donors and politicians, tend to be cheerleaders for Israel, and they are all in a lather about BDS, so the governor surely made the correct calculation.

I bet he didn’t give a moment’s thought to the USS Liberty. As far as that goes, I wouldn’t be surprised if he never heard of it.

The USS Liberty was a state-of-the art surveillance ship that the Navy parked off the coast of Israel, in international waters, during the Six Day War, in 1967, to monitor electronic communications as Israel flattened the Egyptian air force and prepared to storm the Golan Heights of Syria. It was clearly marked in large letters, fore and aft, and flew a 5-by-8-foot American flag.

The US Liberty, shot up and scorched, the day after being attacked by Israeli planes and gunboats.

On June 8, at the height of hostilities and in clear weather, Israeli jets overflew the ship several times before attacking it with rocket fire and napalm. The aerial attack continued for half an hour, at the end of which Israeli gunboats came in for the kill, firing torpedoes as sailors attempted to lower lifeboats. American rescue aircraft were twice dispatched from Sixth Fleet carriers and twice were called back, leaving the Liberty to its fate. When the assault was over, Israel said, whoops, it was all a mistake, we thought the ship was Egyptian, and apologized. The U.S. accepted the apology along with $6 million in compensation plus a similar amount for the families of the dead and wounded, and that was the end of the matter. Gone and best not talked about.

Dean Rusk, secretary of state at the time, later wrote: “I was never satisfied with the Israeli explanation. Their sustained attack to disable and sink Liberty precluded an assault by accident or some trigger-happy local commander. Through diplomatic channels we refused to accept their explanations. I didn’t believe them then, and I don’t believe them to this day. The attack was outrageous.”

George Ball, under-secretary of state, summed it up: “American leaders did not have the courage to punish Israel for the blatant murder of its citizens.”

That was forty-nine years ago today, and if you see a mention of it in any newspaper or hear a mention of it on any television news show, please let me know. What we have instead is an executive order to punish anyone who dares not to do business with Israel, along with a promise by New York’s Sen. Chuck Schumer to introduce comparable legislation on the national level.

Neo-McCarthyism

Neo-McCarthyism

Blacklisting was used by the rabid right-wing House Un-American Activities Committee from 1947-1960 during the “Red Scare” to silence American citizens exercising their constitutionally protected rights to free speech. Uncorroborated names of suspected communists in Hollywood were added to this list; those people were denied work (see the movie Trumbo) and publicly shamed for their espousal of political opinions. This period, known as the McCarthy Era, was infamous for its attacks on the First Amendment rights of individuals. It was a dangerous and shameful time in our recent history.

Once again, a government, this time the NYS Senate and Assembly, is considering instituting a blacklist. Individuals, corporations, non-profits, and other entities that espouse boycotting allies of the United States will be added to a public blacklist and denied employment, have their contracts with the State canceled, and/or have public funding of their programs ended. What will be considered as constituting boycotting, and who gets to propose names to the list, is unclear. It’s possible that your neighbor could add your name after a disagreement, or that someone in the community who disagrees with your political positions could do the same. Do we force all employers to ask prospective employees to answer the question, "Do you now, or have you ever, supported any prohibited boycott?" “Sign below under penalty of perjury,” or admit to it and be denied employment. This legislation clearly constitutes an abridgement of our First Amendment rights and undoubtedly will be challenged in the courts. Until such time though, we are all at risk.

What are individuals to do?  Mainly let our voices be heard by those we elected to represent us. Call or write State Senator George Amedore who voted for NYS Senate Bill S6378, and also urge him to vote against S6086. Call or write State Assembly member Kevin Cahill, and tell him to vote against NYS Assembly Bills A9036 and A8220A when they reach the floor. Also, we can join together in our local communities to pass local resolutions that reaffirm our right to non-violently advocate for our political opinions. In this dangerous time, our vigilance is required.

Nic Abramson