Free speech and fast food chicken

If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought — not free thought for those who agree with us but freedom for the thought of those we hate.
    ==Oliver Wendell Holmes Jr.

Mayor Rahm Emanuel of Chicago said he will try to prevent the Chick-fil-A fast-food restaurant chain from expanding in their cities because they disapprove of the opinions of Chick-fil-A President Dan Cathy, a Southern Baptist who is strongly opposed to gay marriage.

A Chicago alderman, Joe Moreno, said he will try to prevent a Chick-fil-A restaurant from opening in his ward, and Mayor Emanuel said Moreno has his support.  Boston Mayor Thomas Menino said Chick-fil-A is not welcome in Boston.

Nobody has accused Chick-fil-A of breaking any laws.  Nobody has accused Chick-fil-A of discriminatory hiring practices.  Nobody has accused Chick-fil-A of refusing service to customers.  But Mayor Emanuel thinks he has the right to use the power of government to punish a business because its CEO expressed an opinion he doesn’t agree with.

People who favor gay marriage are not going to change anybody’s minds by trying to repress people with whom they disagree.  Mayor Emanuel’s action serve only to harden battle lines and lock people into their previous positions.  Opponents of gay marriage, including Mike Huckabee and Rick Santorum, have rallied to Dan Cathy’s support.  Very likely Chick-fil-A, whose business is concentrated in the South, will have a net gain in business as a result of the uproar.

Now I don’t agree with Dan Cathy myself.   I don’t think his opinions should go un-contradicted.  And anybody who is offended by his views is free to patronize some other restaurant.   That’s different from government persecution.

If you really believe in free speech, you believe in it for everyone.  If you make exceptions based on your emotions, why should anybody take you seriously?  If some mayor somewhere tries to close a business because its owner is for gay marriage, Rahm Emanuel gives him an excuse to accuse his opponents of being hypocrites.

Somebody pointed out that, until a few months ago, Barack Obama took the same position as Dan Cathy—that the marriage relationship only pertained to a man and a woman.  Would President Obama have been unwelcome in Chicago and Boston?

Click on Rahm Emanuel’s dangerous free speech attack for a good post by Glenn Greenwald, a civil liberties lawyer who is gay himself.

Click on In Defense of Chick-Fil-A for a good post by Adam Serwer of Mother Jones.  He quoted John Knight, director of the LGBT (lesbian gay bisexual transgendered) rights project at the Illinois branch of the American Civil Liberties Union, as saying, “We think there’s a constitutional problem with discriminating against someone based on the content of their speech.”

Click on Don’t Fil-A the First Amendment for the view of Scott Limieux of The American Prospect.

Click on My evolving position on gay marriage if you’re interested in my personal opinion on this subject.

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One Response to “Free speech and fast food chicken”

  1. Christian Says:

    I like the quote from Elizabeth Scalia from the WSJ:

    “… which part of the First Amendment does Menino not understand? A business owner’s political or religious beliefs should not be a test for the worthiness of his or her application for a business license. … If the mayor of a conservative town tried to keep out gay-friendly Starbucks or Apple, it would be an outrage.”

    Kind of sums it up.

    Like

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