Cuomo’s “symbolic” boycott is a legally binding executive order directing state agencies to divest taxpayer money from his political enemies. It is state action and has nothing to do with the private right to engage in a boycott.

You seem nice, but you literally have no idea what you’re talking about. Public universities are extremely constrained in their ability to ban speakers, largely due to litigation the ACLU has pursued and continued to pursue. If you are talking about commencement speakers and recipients of honors who have had those…

How else should we frame an enemies list created to penalize companies that take political positions we disagree with?

Three things from a lawyer who did this type of work once upon a time. First, under the USAID test created by the Roberts Court, there really can’t be any doubt that Cuomo’s enemies list is intended to shape speech outside the interests of the relevant government programs (indeed, it doesn’t even specify the…