Thread by @RMFifthCircuit

OK, I had held off commenting on the New York "symbols of hate" statute, which purports to ban "symbols of hate" in some circumstances. As everyone else has noted, it is obviously unconstitutional. But I hadn't seen the text, which is bananas. 1/

Problem 1: symbols of hate isn't properly defined. Note where it says "not be limited to" in 146(2). So, in the hands of extremists of one type or another, the following could suddenly become such: the christian cross, a muslim crescent, a BLM sign, whatever PETA's logo is.

This problem, in my preliminary view, renders even Section 146(1) (which mostly is about the Government's own speech) pretty suspect. I'd need to think about it further. /3

Problem 2: Even taking seriously NY's goal, this provision doesn't ban the sale of Nazi propaganda by the state, emblazoned with a huge swastika, so long as it is in a "book."

I suspect they meant a book *that serves an educational purpose* but it doesn't say that /4

Problem 3: The prohibition on selling "symbols of hate" at public fairs is completely, unconstitutional. Not even close.

You might be able to cabin off the Nazi flags at the fair or something like that. Perhaps. But otherwise, those are flatly protected speech. /5

Problem 4: What does "or any similar image" mean in subsection 51. That seems to even *expand* the already unconstitutional prohibition even further.

Here is the link to the law. As I say, totally unconstitutional. Just bonkers.

legislation.nysenate.gov/pdf/bills/2019…

One more thing: to be clear, I think you could easily craft a law that says New York state government offices should not display or sell confederate flags or whatever. That seems trivial. But this goes way beyond that.

One more more thing: if you're ok with this law, then you are also ok with exactly the same law in a different state that prohibits "symbols of hate" that expressly talks about the things I mentioned above - a muslim crescent or a BLM mask or whatever. This is total danger.