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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsQuantum Physics Will Get a Trump Supporter off Your Back
From L&C Review:
If you plan to visit New York City, there are several rules to follow: dont stop to check your cell phone when you get to the top of the subway stairs; crosswalk lights are really just suggestions; and never under any circumstances walk into a bar and flaunt that youre a Trump supporter because you can be legally thrown out.
THE BACKSTORY
A Philadelphia tourist, Greg Piatek, sued The Happiest Hour, a Manhattan bar, for not allowing him and his friends to drink. This contradicts the bars credit card records that show Piatek and friends rang up a substantial bar bill and left a 20% tip.
Whether or not he had a sip of what he bought, he alleged that he was badgered and wasnt served because he was expressing his political beliefs by wearing the well-known Trump Campaigns Make America Great Again hat. That sounds like discrimination, whether you support his views or not.
BUT WAIT
Discrimination laws dont protect the expression of political beliefs in business settings like bars, which most of us should find shocking since we all walk into bars with a wheelbarrow full of them. What is on the law books is that a person cant be mistreated, denied service, ejected or badgered based on religious beliefs. So, pulling out something from where the sun dont shine, Piateks lawyer stated that his client was wearing the hat because he was visiting the 9/11 memorial; hence, the hat was worn for kinda spiritual-religious reasons. Thats all. It wasnt a statement of support of Trump.
For the defense, The Happiest Hours lawyer argued that Supporting Trump is not a religion, whether you believe it very sincerely, its not. Manhattan Supreme Court Justice David Cohen agreed and conveyed that there is no reason why a third party, such as a bar operator and staff, would know that a MAGA hat was a religious statement. And, ruling in favor of the defense, explained that refusing to serve anyone as long as they arent discriminating based on race, color, religion or national origin is legal because political opinion is not protected in private businesses in New York City (or most places in the country).
THIS DOESNT FEEL RIGHT
Everything about this seems weird: A Trump religion, limitations on freedom of speech
but hang on for a moment it starts to fall into place when you wrap your head around the fact that one of the biggest mysteries of the universe is why Newtonian and Quantum physics are both wrong and both right. The gap between these two forms of solid logic is like the gap in Americas freedom of speech laws.
Quantum theories are the explanation of little things: atoms, quarks, particle waves for our purposes a little bar in Greenwich Village. In that little world, it seems like any opinion should be supported in the safe haven of a bar.
Newtonian theories, though, are the explanation of big things, and in that scenario allowing political discrimination makes sense. Think of the NRA and MSNBC as big, as in Newtonian. If MSNBC were forced by law to run NRA commercials, rather than politely tell the NRA that they are not a welcome customer because of their politics, the news channels brand would be destroyed, they would go broke and Lawrence ODonnell would have no way to remind us that he was a writer on The West Wing.
Okay, that might frame it like the universe itself, there is an incomprehensible disconnect even when it comes to free speech in bars and big business. Neither nature nor the constitution makes this easy for us to figure out.
So lets make it easy. Based on the evidence thats been reported, a tourist from Philadelphia wearing a MAGA hat rings up a hefty bar bill, claims he and his friends werent served, then presents himself as a law manipulating hypocrite willing to exploit religion and a terrorist attack just so he can sue a business that happens to be in a predominantly gay and racially diverse neighborhood. Whatever his hat says, hes a plain and simple assclown. So kick him out, bar manager. And kick out the one in the White House while youre at it.
Resource links at L&C Review
Sophia4
(3,515 posts)It says that "the news channels brand would be destroyed" if it were required to broadcast an opinion or political view that disagreed with its own.
In my view, it would not be just the "brand" that would be destroyed, it would be the news channel's freedom of speech and freedom of the press.
We not only have the freedom to speak as we believe. In my view, we also have the freedom to be silent when our beliefs require it, a freedom necessarily derived from and corollary to our freedom of speech.
We cannot be forced by our government to make statements with which we do not agree when we are acting in our private sphere. And news media is acting in its private sphere when it reports. If we are employed by the government, then that might not apply.
In addition, TV and radio that has to buy its frequency rights (my terminology is incorrect) from the government may be obliged to recognize that the government has some right to require that it obey certain laws that could require it to make certain announcements, etc. And of course, certain speech including but not limited to speech that incites others to violence or other speech that is in itself illegal under certain circumstances is not permissible.
That's my opinion anyway.
bondwooley
(1,198 posts)Very good points.
A question remains -- the disconnect between a freedom of political speech not being protected in a neighborhood bar, and whether or not that is to protect such places as the broadcasters, as you described clearly.
What the article doesn't touch on are a couple more layers. Some towns and even states would not allow a bar to kick out the beligerant Trump (or Obama or whatever) supporters. And now, suddenly, it seems like we're back to the conundrum. Would MSNBC have to air an NRA ad in Nevada? Certainly they don't.
As for federal government employees, they are completely free to express their support for any politician they like. In private companies, it's up to the state laws. So, conceptuatlly, in NYC, where it's not protected as a right, you could get booted from a job for having a different political belief than your boss.
Then another layer. How do you get around that in a place like NYC? Harassment. You can't be harassed, period, in the work place. So, though you aren't protected under free speech to express your politics without the possibility of being fired, you can seek retribution by suing the company (even before you're fired) for harassment. Silly example: talking politics around the water cooler and the boss demeans you for expressing your suppot of some political view.
It's a tough issue to sort out. But I think it's an interesting one to explore.
Sophia4
(3,515 posts)And keep those rational thoughts coming -- critical thinking has become an endangered species.