NY Governor Cuomo Signs Bill Banning Sale of Confederate Flag, Admits Free Speech Clash

New York Gov. Andrew Cuomo signed a bill into law that bans the sale of the confederate flag and other “hate symbols” while acknowledging the edict clashes with the First Amendment.

The bill prevents the sale of hate symbols on public grounds including state and local fairs, and drastically restricts the display of such symbols unless used for educational or historical purposes.

Specifically, the legislation defines hate symbols as “symbols of white supremacist and neo-Nazi ideology or the Battle Flag of the Confederacy.”

“This country faces a pervasive, growing attitude of intolerance and hate … what I have referred to in the body politic as an American cancer,” Cuomo wrote in the law’s approval message, adding:

“By limiting the display and sale of the confederate flag, Nazi swastika and other symbols of hatred from being displayed or sold on state property, including the state fairgrounds, this will help safeguard New Yorkers from the fear-installing effects of these abhorrent symbols.”

The Governor acknowledged the edict clashes with the free speech protections of the U.S. constitution, admitting that “certain technical changes” would be needed for it to have any chance of complying with the First Amendment.

“While I fully support the spirit of this legislation, certain technical changes are necessary to balance the State’s interests in preventing the use of hate symbols on state land with free speech protections embodied in the First Amendment of the United States Constitution,” Cuomo said.

Speaking to The New York Post, First Amendment lawyer Floyd Abrams argues the attempt to ban the symbols is a direct collision with free speech.

“Gov. Cuomo is correct that the First Amendment may require changes in the law in light of the First Amendment. A private entity can choose to sell or not sell offensive symbols but when the government bans the sale of offensive, but constitutionally protected symbols, on its property the First Amendment comes into play,” Abrams said.

This can only lead one to scratch their head and ask: what do these New York politicians not understand about the First Amendment?

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

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