A controversial executive order that prohibited New York state agencies from doing business with companies supporting boycotts against Israel has been reversed. Governor Zohran Mamdani signed the repeal Tuesday, ending nearly a decade of what critics called unconstitutional restrictions on free speech. The move has ignited passionate responses from across the political spectrum.
“This isn’t about taking sides in international conflicts,” Mamdani said during the signing ceremony. “It’s about protecting constitutional rights and ensuring New York remains a place where political expression isn’t punished by government action.”
The original executive order, signed by former Governor Andrew Cuomo in 2016 and maintained through subsequent administrations, directed state agencies to divest from organizations supporting the Boycott, Divestment and Sanctions (BDS) movement against Israel. Supporters had framed it as a necessary protection against antisemitism, while opponents argued it unconstitutionally penalized political speech.
Data from the State Comptroller’s office reveals the policy affected over $340 million in state contracts since its implementation. At least 23 companies were barred from bidding on state projects due to their positions on Israel, according to records obtained through Freedom of Information Law requests by civil liberties groups.
The Jewish Community Relations Council of New York immediately condemned the reversal. “This dangerous decision sends the wrong message at the wrong time,” said Rebecca Goldstein, the organization’s executive director. “When antisemitism is surging nationally, New York should strengthen, not weaken, its stance against movements that target the Jewish state.”
I’ve covered New York politics for nearly two decades, and rarely have I seen an executive action generate such immediate and polarized reactions. Within hours of the announcement, hundreds of protesters gathered outside the governor’s Manhattan office, while counter-demonstrators assembled in Albany supporting the change.
Civil liberties organizations celebrated the decision. Donna Lieberman, executive director of the New York Civil Liberties Union, described it as “a victory for the First Amendment” in a statement released minutes after the signing. “Political boycotts are protected speech. The government can’t punish New Yorkers for their political viewpoints.”
State Senator Jessica Ramos, who had sponsored legislative attempts to overturn the order before Mamdani’s election, told me the previous policy had “created a political litmus test for government contracts that had nothing to do with a company’s qualifications.”
The reversal places New York in stark contrast to 35 other states that maintain similar anti-BDS measures. Arkansas recently strengthened its provisions, while federal courts have struck down comparable laws in Texas, Arizona and Kansas on First Amendment grounds.
Professor Kenneth Stern, director of the Bard Center for the Study of Hate, offered a nuanced perspective. “You can oppose BDS while also opposing government restrictions on free expression,” he explained during a phone interview yesterday. “Many who find the BDS movement problematic also recognize the dangers of government policing political viewpoints.”
The governor’s decision comes amid rising tensions on college campuses and communities nationwide over the ongoing conflict in the Middle East. Jewish and Palestinian advocacy groups report increased harassment incidents targeting their communities.
Economic implications remain unclear. The state’s budget office estimates minimal financial impact, though several major corporations have privately expressed relief at no longer navigating political restrictions when bidding for state contracts.
During my conversation with Deputy Governor Lisa Zhang, she emphasized pragmatic considerations. “Our procurement process should focus on getting the best value for taxpayers, not enforcing political positions,” Zhang said. “Companies should be judged on their ability to deliver services, not their stances on international issues.”
The American Jewish Committee’s New York regional director, David Harris, called the decision “deeply disappointing” and warned it could “embolden those seeking to isolate Israel economically.”
Meanwhile, constitutional law scholars like Columbia University’s Katherine Richardson suggest courts would likely have eventually struck down the original order anyway. “These laws have repeatedly failed constitutional scrutiny when challenged,” she noted. “The governor’s action aligns New York with emerging legal consensus on these speech restrictions.”
For everyday New Yorkers, reactions split along familiar lines. “I don’t want my tax dollars supporting companies that boycott Israel,” said Michael Levinson, a 64-year-old Queens resident I met outside the governor’s office. Across the street, Sarah Mahmoud, a Brooklyn teacher, countered: “Political boycotts are how Americans have always expressed their values. The government shouldn’t punish that.”
Despite the controversy, implementation begins immediately. State agencies have 90 days to update procurement guidelines, and companies previously excluded can now reapply for state contracts.
As lawmakers prepare for the legislative session beginning next week, several have already announced plans to introduce bills codifying the executive order’s principles or, conversely, reinstating the restrictions through statute.
The debate reflects broader tensions about where government should draw lines between opposing discrimination and protecting free expression – a balance increasingly difficult to strike in our polarized political landscape.
