Democrats Launch Severe Attack on Free
Speech to Protect Israel
By
Glenn Greenwald and Andrew Fishman
June 07, 2016 "Information
Clearing House"
- "The
Intercept" -
One of
the
greatest free speech threats in the west
is the growing, multi-nation campaign
literally to outlaw advocacy of boycotting
Israel. People
get arrested in Paris – the site of the
2015 “free speech” (for Muslim critics)
rally – for wearing pro-boycott t-shirts.
Pro-boycott students on U.S. campuses –
where the 1980s boycott of apartheid South
Africa flourished – are
routinely sanctioned for violating
anti-discrimination policies. Canadian
officials have
threatened to criminally prosecute
boycott advocates. British government bodies
have
legally barred certain types of boycott
advocacy. Israel itself has
outright criminalized advocacy of such
boycotts. Notably, all of this has been
undertaken with barely a peep from those who
styled themselves free speech crusaders when
it came time to defend anti-Muslim cartoons.
But
now, New York’s Democratic Governor Andrew
Cuomo (above, in 2016 Celebrate Israel
Parade) has significantly escalated this
free speech attack on U.S. soil, aimed at
U.S. citizens. The prince of the New York
political dynasty yesterday issued an
executive order
directing all agencies under his control
to terminate any and all business with
companies or organizations that support a
boycott of Israel. It ensures that citizens
who hold and express a particular view are
punished through the denial of benefits
which other citizens enjoy: a classic free
speech violation (imagine if Cuomo issued an
order stating that “anyone who expresses
conservative viewpoints shall have all state
benefits immediately terminated”).
Even more disturbing,
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. Donna
Lieberman, Executive Director of the New
York Civil Liberties Union, told The
Intercept: “Whenever the government
creates a blacklist based on political views
it raises serious First Amendment concerns
and this is no exception.” Reason‘s
Robby Soave
denounced it today as “brazenly
autocratic.”
To
read the relevant provisions of Cuomo’s
order is to confront the mentality of petty
censoring tyranny, flavored with McCarthyite
public shaming, in its purest form. See for
yourself:
Making matters worse still is the imperious
nature of Cuomo’s order. As Salon‘s
Ben Norton
noted, “the New York legislature has
unsuccessfully tried to push through
anti-boycott legislation for months.” So
instead, Cuomo just unilaterally decreed
this punishment of boycott advocates.
New
York’s Democratic Senator Chuck Schumer
wasted no time, now demanding
a federal statute that tracks Cuomo’s
order. Hillary Clinton, last July, wrote
a public letter to her (and the
Democratic Party’s) billionaire supporter,
self-described Israel fanatic Haim Saban,
endorsing the core principle of this
censorship effort: that boycotting Israel is
a form of anti-semitism, and
did so again in her March speech before
AIPAC. Numerous Republicans support similar
measures.
Beyond the McCarthyism and profound free
speech threat, the stench of hypocrisy of
Cuomo and Democrats is suffocating. Just
over two months ago, Cuomo banned state
officials from traveling to North Carolina
in order to support
the boycott against that American state
in protest over its anti-transgender law.
That pro-boycott executive
order from Cuomo began by proclaiming
that “New York state is a national leader in
protecting the civil rights and liberties of
all of its citizens” and thus barred
“publicly funded travel” to North Carolina.
But
in justifying this punishment for Israel
critics, Cuomo’s counsel told The New
York Times: “It’s one thing to say I
want to engage in political speech. It’s
another thing to say I’m going to sanction
you or penalize you for engaging in
commercial activity.” But that – “I’m going
to sanction you or penalize you for engaging
in commercial activity” – is exactly
what Cuomo did just two months ago by
boycotting North Carolina. Think about how
warped that is: to the Governor of New York,
it’s not only permissible but noble to
boycott an American state, but it’s
immoral and worthy of punishment to boycott
Israel, a foreign country guilty of a
decades-long brutal and illegal occupation.
Questions submitted by The Intercept to
Cuomo were not answered as of publication.
More ironic still is that Cuomo, in imposing
a boycott of North Carolina, said he was
doing so because in “a free society the
equal rights of all citizens . . . must be
protected and cherished” – exactly the
principle which the boycott of Israel is
seeking to fulfill by ending oppression and
discrimination against Palestinians. But
even if you disagree with the Israel boycott
itself, no rational person should want
Andrew Cuomo and other elected officials to
have the power to dictate which political
views are acceptable and which ones result
in denial of state benefits.
The
free speech hypocrisy on the part of all
sorts of people here is obvious. In 2012,
conservatives were furious when Chicago
Mayor Rahm Emanuel announced that he would
block the restaurant chain Chick-fil-A from
expanding in the city as punishment for its
owner’s anti-gay activism, depicting this
move as a grave threat to free speech (a
position
we shared). Throughout 2015, pundits
such as New York‘s Jonathan Chait
wrapped themselves in the free speech flag
when it came time to defend racist and
anti-gay speech on campus, insisting that
all forms of speech, even “hate speech,”
should be protected (positions
we also share).
Yet
now, a systematic, international campaign –
fully bipartisan in the U.S. – is being
implemented to abuse state resources and the
force of law for a full-frontal assault on
free speech and free assembly rights, and
virtually none of them is objecting because
it’s all in service of protecting Israel
from criticism. It’s bizarre enough that
someone gets elected as Governor of New York
and then believes it’s part of his job to
shield Israel from criticism. That he does
so by assaulting the free speech rights of
citizens of his own country – just weeks
after imposing a boycott on another American
state – tells you all you need to know about
the role Israel continues to play in
American discourse and the willingness of
people to stomp on free speech principles
the moment doing so benefits their political
goals.