I really find it very difficult to understand why someone as smart as Andrew Sullivan can be such a complete ignoramus when it comes to understanding our First Amendment rights. Before I even address what he wrote, I am going to give you the First Amendment to read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Okay. Let’s begin.
Obviously, the first word is the subject here. We’re talking about Congress. The United States Congress. The legislative branch of the federal government. The First Amendment gives us certain protections against Congress making certain laws. One of the areas where we are protected is in our ability to speak freely. We can say what we want and Congress can’t shut us up.
Now, let’s say that we are the CEO of a major corporation. And let’s say that we say some things that are very unpopular in certain circles. Or, maybe we make a political contribution to a cause that some people find very distasteful. Are we protected under the First Amendment from people (not Congress) voicing their displeasure? Are we protected from people demanding that we be fired? Are we protected against people boycotting our company?
Not under the First Amendment, we’re not. In fact, let’s say that we’re not the CEO of a company but one of the middle managers. Is there any reason our boss can’t fire us for saying things that embarrass the company, alienate clients and customers, or that violate company policy? The answer is no. The First Amendment doesn’t give you the right to say whatever you want and not suffer any consequences. It only says that Congress cannot tell you to shut up or punish you for speaking.
So, then, why would Andrew Sullivan write the following?
The guy who had the gall to express his First Amendment rights and favor Prop 8 in California by donating $1,000 has just been scalped by some gay activists. After an OKCupid decision to boycott Mozilla, the recently appointed Brendan Eich just resigned under pressure.
You don’t “express” your First Amendment rights. You have them. If you want to donate to an anti-gay marriage cause, that’s your right. And if people want to call for your head, that’s their right.
The bottom line is that there is price to be paid for CEO’s who want to delve into hot button political issues. They will alienate either the right or the left, and that can lead to bad press, boycotts, and damaged revenues. Why can’t CEO’s say whatever they want and donate to whatever they want without fear of bad consequences?
Because people care about the values of the companies they do business with. And it’s their First Amendment right to talk about it.
So, what is this next bit from Sullivan?
Will he now be forced to walk through the streets in shame? Why not the stocks? The whole episode disgusts me – as it should disgust anyone interested in a tolerant and diverse society. If this is the gay rights movement today – hounding our opponents with a fanaticism more like the religious right than anyone else – then count me out. If we are about intimidating the free speech of others, we are no better than the anti-gay bullies who came before us.
“Intimidating the free speech”? By telling CEO’s who oppose gay marriage that we won’t do business with them? Really?
You don’t want to be tactful, then don’t become a diplomat. You want to wade into the culture wars? Don’t become a CEO. Let’s try to understand the job description here.
And let’s try to understand the First Amendment.
