Controversial IHRA definition and anti-constitutional BDS orders overturned by New York mayor

The controversial International Holocaust Remembrance Alliance (IHRA) definition of anti-Semitism and a set of executive orders widely criticised as unconstitutional attacks on free speech have been overturned by New York City Mayor Zohran Mamdani, marking a sharp break with policies introduced under his predecessor.

On his first day in office last week, Mamdani revoked all executive orders signed by former mayor Eric Adams after 26 September 2024 — the date Adams was indicted on five federal charges related to bribery, wire fraud and campaign finance offences. Although the charges were later controversially dropped, Mamdani’s office said the move was intended to give the incoming administration “a fresh start”.

Among the rescinded measures were an executive order adopting the IHRA definition of anti-Semitism across city agencies, a directive prohibiting city employees from cooperating with the boycott, divestment and sanctions (BDS) movement, and an order restricting protest activity near synagogues.

Civil liberties organisations and constitutional lawyers have long argued that both the IHRA definition and anti-BDS policies infringe on the First Amendment of the US Constitution, which protects freedom of speech, assembly and political expression.

Under the IHRA definition, claims that “the existence of a State of Israel is a racist endeavour” are deemed anti-Semitic. Critics say this framing conflates legitimate criticism of Israel and the political ideology of Jewish supremacy, Zionism with hatred of Jews. The definition has been repeatedly used to suppress pro-Palestinian speech, campus activism and peaceful protest.

The definition’s author, Kenneth Stern, has warned against its use by governments, stating that it was never intended as a legal or regulatory instrument. Despite this, it has been adopted by multiple Western institutions and deployed to discipline speech critical of Israel.

READ: Weaponised definition of anti-Semitism is a ‘tool’ to undermine free-speech

Similarly, US courts have repeatedly ruled that political boycotts, including those promoted by the BDS movement, constitute protected speech under the First Amendment. Legal challenges in several states have struck down anti-BDS laws, with judges finding that singling out Israel for special protection amounts to unconstitutional viewpoint discrimination.

Responding to criticism at a press conference on Friday, Mamdani said he was “proud to sign a number of executive orders that will give my administration a clean slate to get to work on delivering a new era for New Yorkers.”

He rejected claims that rescinding the Adams-era orders would weaken protections for Jewish communities. “My administration will be relentless in its efforts to combat hate and division,” Mamdani said, adding that this included “fighting the scourge of antisemitism by actually funding hate crime prevention, by celebrating our neighbours, and by practising a politics of universality.”

“Protecting Jewish New Yorkers is going to be a focus of my administration,” Mamdani added. Addressing the IHRA definition directly, Mamdani noted that “a number of leading Jewish organisations have immense concerns around this definition,” and said his administration would prioritise concrete protections rather than speech restrictions.

The Council on American-Islamic Relations – New York welcomed the revocation of what it described as the “controversial and overly broad” IHRA definition, which it said is “often used to censor criticism of the Israeli government’s racism and crimes against humanity”.

“Mayor Adams’ order would have enshrined the IHRA definition even though its author has said it was never meant for government use,” the organisation said. “The order would have also unconstitutionally limited boycotts against only Israel.”

CAIR-NY described the measures as an “unconstitutional, Israel First attack on free speech that should have never been issued in the first place,” adding: “We applaud Mayor Mamdani for immediately overturning it.”

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