Select Page

And Another N.Y. Bill Targeted at “Hate Speech” (and Advocacy of Boycotts of Friendly Countries)

The bill, S.5285, was filed in May 2019 by state senator Robert G. Ortt, but was resubmitted in January 2020 to the Senate committee on higher education:

[a.] The state university trustees[, city university trustees, and community college trustees] shall adopt rules that any student group or student organization that receives funding from the state university of New York that directly or indirectly promotes, encourages, or permits discrimination, intolerance, hate speech or boycotts against a person or group based on race, class, gender, nationality, ethnic origin or religion, shall be ineligible for funding, including funding from student activity fee proceeds.

[b.] … “Boycott” shall mean to engage in any activity, or to promote or encourage others to engage in any activity, that will result in any person [including corporations and other nongovernmental entities] abstaining from commercial, social or political relations, with any allied nation, or companies based in an allied nation [defined to include NATO members, SEATO members, Rio Treaty members minus Venezuela, Ireland, Israel, Japan, and South Korea] or in territories controlled by an allied nation, with the intent to penalize, inflict, or cause harm to, or otherwise promote or cast disrepute upon, such allied nation, its people or its commercial products.

But when student groups or organizations get generally available funding from public universities, the university must distribute this money in a viewpoint-neutral way, see Rosenberger v. Rector (1995) and Christian Legal Society v. Martinez (2010). That means that the government can’t exclude speech that “encourages … discrimination, intolerance, hate speech or boycotts.” (Discrimination against allegedly bigoted speech is of course viewpoint discrimination, see Matal v. Tam (2017).)

A rule that government funds can’t be used by a group to actually discriminate, or to actually refuse to deal with particular firms, would be constitutional (see this post), because it would be a restriction on conduct (discriminatory refusals to deal) and not speech. But restricting promoting or encouraging discrimination and boycotts is restricting speech based on viewpoint.


This post has been republished with permission from a publicly-available RSS feed found on Reason. The views expressed by the original author(s) do not necessarily reflect the opinions or views of The Libertarian Hub, its owners or administrators. Any images included in the original article belong to and are the sole responsibility of the original author/website. The Libertarian Hub makes no claims of ownership of any imported photos/images and shall not be held liable for any unintended copyright infringement. Submit a DCMA takedown request.

-> Click Here to Read the Original Article <-

About The Author

Eugene Volokh

Founded in 1968, Reason is the magazine of free minds and free markets. We produce hard-hitting independent journalism on civil liberties, politics, technology, culture, policy, and commerce. Reason exists outside of the left/right echo chamber. Our goal is to deliver fresh, unbiased information and insights to our readers, viewers, and listeners every day. Visit https://reason.com

Leave a reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Welcome

Bringing together a variety of news and information from some of today’s most important libertarian thought leaders. All feeds are checked and refreshed every hour and pages auto-refresh every 15 minutes. External images are deleted after 30 days.

Time since last refresh: 0 second

Publish Your Own Article

Follow The Libertarian Hub


Please consider donating using any of the cryptocurrencies below or use the Brave browser to tip using Basic Attention Tokens (BAT). Your anonymous contributions help keep this website running for everyone to enjoy!

Donate

Take Control of Your Domain Names
The Ultimate Managed Hosting Platform

Weekly Newsletter

Newsletter Signup

Subscribe to our newsletter to receive a weekly email report of the top five most popular articles on the Libertarian Hub!

Weekly Newsletter SignupTop 5 Stories of the Week

Subscribe to our newsletter to receive a weekly email report of the top five most popular articles on the Libertarian Hub!