New York State’s Executive Order 157 (2016) prohibits a single political group from receiving state funds: supporters of Palestinian Boycott, Divestment, Sanctions (BDS), a civil movement aimed at influencing Israeli government policy. This article analyzes the constitutional validity of New York’s order and similar official sanctions on BDS throughout the United States. I argue that Executive Order 157 runs afoul of the First Amendment in two ways. First, it targets BDS because of its communicative intent, in violation of the First Amendment’s “hard stop” on government regulation with the improper purpose of suppressing a specific message. Second, it fails to comport with the First Amendment’s limits on restrictions of government contractor speech, overburdening contractors’ and the public’s right to make and hear political speech without valid justification. Executive Order 157 embodies a troubling trend toward state condemnation of disfavored political opinion and its clear disregard for constitutional mandates urges legal challenge.
This article aims to point out that the understanding of freedom in the U.S. legal system is too narrow since it disregards other significant aspects of freedom.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
This article assesses the efficacy of the legal framework for asylees, individuals granted refugee status within the United States, through an examination of the human outcomes following the grant of asylum.
Paul Savoy¥ A deeply flawed eighty-six page legal memorandum revealed the rationale for the U.S. Justice Department’s March 2015 decision not to prosecute Ferguson police officer Darren Wilson. The Article rejects the Department’s contention that prosecution was not permitted by