My Facebook feed is abuzz with people who are enraged about Phil
Robertson’s suspension from the A&E show “Duck Dynasty” over anti-gay
comments he made in a recent GQ interview. Most of their outrage centers on
what they see as an abridgment of “free speech.” Why, they ask, is Phil being
punished for speaking his mind? We live in a free country, they assert, and
Phil should be allowed to express his beliefs.
Well, you’re partially right, Facebook universe. Phil DOES
have the right to speak his mind, but A&E also has the right to fire him
for it. You see, only the government can get in trouble for conditioning a
benefit (like employment) on you refraining from exercising a right. Private
businesses, however, can hire and fire whoever they want as long as it isn’t
contrary to some anti-discrimination law. Forcing them to keep him on the show
would violate their right against compelled association.
For example, government employees can’t be fired for
expressing their political views in an op-ed article in the newspaper, or
discussing their religious beliefs at the water cooler (there are exceptions if
your comments were somehow tied to your position, but nevermind about those
right now).
However, a private entity can exclude someone for almost any reason.
A Republican store owner could fire his cashier because she’s a Democrat. A privately-run
parade can choose to exclude gay activists groups from marching. This may seem
unfair when it’s a member of your group that’s targeted, but the First
Amendment also grants an implied right against compelled association-- the
government can’t force you to associate with someone whose beliefs clash with
your own, because doing so might alter the message you project and violate your
own right to free speech.
Let’s assume A&E really does have a heartfelt commitment
to promoting gay rights. If they permitted Phil to remain on the show, viewers
might interpret that as their acceptance of his opinion. A&E has a right to
choose which message it expresses, and that includes the right to fire cast
members who vocally disagree with that message. If E! suddenly decided that it
disagreed with the Kardashians’ promiscuous lifestyle, they would have the
right to cancel the show. If you want to preserve this right, you have to
preserve A&E’s right too. Freedom goes both ways.
So if you support Phil’s view, then support Phil’s view. Say
that you agree with him, say that you support him. Stop watching A&E shows,
if you disagree with their actions that strongly. You have that right.
But don’t lament the failure of our political system,
because A&E is merely exercising the same right as Phil.
