Governor Cuomo Bans Sale of Confederate Flag in New York
Governor Andrew Cuomo signed a bill that will ban the sale of Confederate flags in New York.
The legislation, that takes effect immediately, prohibits the state of New York from selling or displaying symbols of hate or any similar image, or tangible personal property, inscribed with such an image unless the image appears in a book, digital medium, museum or serves an educational or historical purpose.
"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," Governor Cuomo said in a message printed in the New York Post.
Governor Cuomo admitted technical changes to the legislation he supports will be 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.”
A private business can sell Confederate Flags, swastikas or any other offensive symbol they choose. "When the government bans the sale of offensive, but constitutionally protected symbols, on its property the First Amendment comes into play,” First Amendment lawyer Floyd Abrams told The Post.