Governor Bans the Sale of Confederate Flags in New York

[Andrew Cuomo] can take other measures out for a spin, like banning the sale of the Confederate flag and other “symbols of hate” in the state. It’s a free speech nightmare waiting to happen. It’s a First Amendment minefield, but he doesn’t care. Robby Soave of Reason has more and notes how the bill his royal highness signed into law this week is a legal trainwreck. I’ll take what is unconstitutional for $1000, Alex* (via Reason):

New York Gov. Andrew Cuomo, a Democrat, signed legislation on Tuesday prohibiting the sale of Confederate flags on public property, including at state and local fairs.

Cuomo was well aware that such legislation is likely to fail a First Amendment test, but this did not deter him.

[…]

Cuomo noted that “certain technical changes are necessary” to make sure the ban is compliant with the First Amendment, which protects free expression—including the expression of hateful ideas.

Those changes should probably involve scrapping most of the bill, which is a mess. It prohibits the sale of “symbols of hate,” which it defines as “including, but not limited, to symbols of white supremacy, neo-Nazi ideology, or the battle flag of the Confederacy.” Keep in mind that we live in a world where some people think the OK hand gesture is a white supremacist signal…

(Read more from “Governor Bans the Sale of Confederate Flags in New York” HERE)

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