Notes
Awad v. Fordham University, Case No. 2020–00,843 (Dec. 22, 2020) New York Supreme Court, Appellate Divison First Department.
Cited by Cary Nelson, “Accommodating the New Antisemitism: A Critique of the ‘Jerusalem Declaration’,” Fathom Journal (April, 2021), 3: https://fathomjournal.org/fathom-long-read-accommodating-the-new-antisemitism-a-critique-of-the-jerusalem-declaration/. Nelson defends the IRHA definition and criticizes Stern.
Gerald Steinberg, “Uncivil Society: Tracking the Funders and Enablers of the Demonization of Israel”, Israel Studies, Special Issue: Word Crimes: Reclaiming the Language of the Israeli-Palestinian Conflict, ed. Donna Robinson Divine, Miriam F. Elman, Asaf Romirowsky, vol. 24, no. 2 (Summer, 2019), 182–183.
“Gov. Andrew Cuomo: If You Boycott Israel, New York State Will Boycott You”, Washington Post (June 10, 2016), https://www.washingtonpost.com/opinions/gov-andrew-cuomo-if-you-boycott-israel-new-york-state-will-boycott-you/2016/06/10/1d6d3acc-2e62-11e6-9b37-42985f6a265c_story.html. The New York legislature did not pass an anti-BDS law but the governor issued an executive order.
Over the past four years, these laws have been questioned by the courts. In general, courts have described the laws as unconstitutional; specifically, violative of freedom of speech. But in most cases, the states have decided not to apply the law after the plaintiffs have filed suit, thus forcing the courts to conclude that the plaintiffs have no standing, and thereby taking legal force away from the courts’ dicta on the merits of the laws (which are almost always that they are unconstitutional). For a representative case, see Martin v. Wrigley, US District Court for the Northern District of Georgia, Atlanta Division, Civil Action File No. 1:20-CV-596-MHC (May, 2021), concerning Georgia Southern University’s cancelation of a keynote speaker at a journalism conference. In this case, the court rendered an actual judgment against the anti-BDS law, and I suspect we will see more such judgments in the near future.
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Gordon, D. Kenneth S. Stern, The Conflict Over the Conflict: The Israel/Palestine Campus Debate. Soc 58, 536–539 (2021). https://doi.org/10.1007/s12115-021-00654-z
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DOI: https://doi.org/10.1007/s12115-021-00654-z