2 ms·
> I believe quite firmly that they may respond to the exercise of freedom of speech by exercising their freedom of association and refraining from further comme
by autoexec 3y ago
> I believe quite firmly that they may respond to the exercise of freedom of speech by exercising their freedom of association and refraining from further commerce with the speaker because of the information the speaker has revealed.
"freedom of association" is what a lot of people who owned diners felt enabled them to deny services to black people. Maybe you still feel that they should have been able to refuse service to anyone for any reason including skin color. We collectively decided that society works a lot better when we infringed on the rights of diner owners in order to protect the rights of everyone who wanted a seat at the lunch counter.
There's an argument to be made that in exchange for the privilege of corporate personhood, any company offering services to the general public should be required to serve any member of that public no matter what their beliefs. I'm not yet convinced that's an ideal situation personally, but situations like this make me more sympathetic to the idea.
I'd rather see our government take steps to make sure that no company is allowed to be in a position to oppress the American people leaving them without recourse. I'd sooner see companies with monopoly power broken up or pathways cleared to bring in meaningful competition. That should help protect the American people from oppression by non-governmental agencies while preserving the rights of companies to discriminate according to ideology (if that's a value we think is worth protecting).
- shadowgovt 3y ago> We collectively decided that society works a lot better when we infringed on the rights of diner owners in order to protect the rights of everyone who wanted a seat at the lunch counter. We notably did not and that is a key distinction. We carved out very narrow obligation upon business owners to refrain from refusing service in a very specific set of intrinsic categories that have no bearing on the content of one's character. At the federal level, we notably stopped short of things like political affiliation. In most states you can be refuse service for being a Nazi. Hell, a police officer was recently refused service because the obligation he has to open carry a firearm on duty ran afoul of the establishment's "no firearms on premises" policy (https://www.insider.com/san-francisco-bakery-reems-refuses-police-cites-no-guns-policy-2023-8 https://www.insider.com/san-francisco-bakery-reems-refuses-p...). The key difference is intrinsic versus malleable properties; a cop can go off duty and put the gun down, a Nazi can stop advocating for the genocide of people, and a KFer can cease to associate with a site tied directly to organizing abuse. You can make a case that promoting the common welfare is served by maximizing the corporate obligation to serve citizens, but if you're trying to make it the burden's on you to explain why it promotes the common welfare for a person to serve those they know wish for their genocide or actively organize hate mobs against them. ... Anyway, I'd love to continue this thread, but as this site owner exercises their right to filter the content on their own site, I'm limited to the number of responses I may give per period of time. And that is reasonable, it is their site. ;)